NOTICE OF SALE
UNDER DEED
OF TRUST
Notice is hereby given that under authority of that certain Deed of Trust hereinafter described, the undersigned Trustee will by virtue of authority vested in him at the front door of the Pendleton County Courthouse in Franklin, West Virginia,
AT 11:30 A.M.
ON FEBRUARY 8, 2019
offer for sale certain property described in that deed of trust executed by Betty J. Villalobos to Jeffrey S. Bowers, Trustee, dated the 16th day of January, 2004, recorded in the Clerk’s Office aforesaid on the 27th day of January, 2004, in Trust Deed Book No. 97, at page 651, securing Pendleton County Bank, in the principal sum of $15,600.00; the Beneficiary, the payment of certain indebtedness represented by notes therein described, of which property is described as that certain real estate, together with the buildings and improvements thereon located, situated, lying and being in Franklin District, Pendleton County, West Virginia, more particularly described as follows, to wit:
A tract or parcel of real estate containing 11.8 acres, more or less, and being shown and more particularly described by metes and bounds on a Plat of record in the Clerk’s Office of the County Commission of Pendleton County, West Virginia, in Deed Book 135, at page 39, and being the same real estate conveyed to Betty J. Villalobos by that certain Deed dated August 20, 1993, and of record in the Clerk’s Office aforesaid in Deed Book 135, at page 37 and by that certain Deed dated March 31, 2001 and of record in the Clerk’s Office aforesaid in Deed Book 156, at page 200, to which references are herewith made for all pertinent purposes. Thereafter Betty J. Villalobos granted and conveyed to the West Virginia Department of Transportation, Division of Highways, a non-controlled right of way containing 2,002 square feet or 0.046 acres, more or less, out of the original tract containing 11.80 acres, more or less, thereby making the net acreage 11.754 acres, more or less.
The real estate herein conveyed is made subject to those certain covenants and restrictions of record in Deed Book 135, at page 40, the same being attached to and recorded with that certain Deed of record in Deed Book 135, at page 37, with said Restrictive Covenants to run with the property herein conveyed and be binding on all parties, their heirs, successors and assigns, and shall inure to the benefit of each different owner thereof.
Said conveyance is also made subject to the reservation by New Birth, Inc., its heirs and assigns for a 30 foot right of way being parallel to Trout Run as well as a 20 foot right of way being parallel to Paddy Run, said roadways currently in existence. Accordingly, this conveyance is made subject to any and all reservations in prior deeds where said right of way was reserved as well for adjoining landowners and any and all other easements of record.
This conveyance is further made subject to the reservation by New Birth, Inc., its heirs and assigns, for a 100 foot right of way from U. S. Route 33 to said 30 foot right of way across the 11.8 acres herein conveyed, said 100 foot right of way to be adjacent to the S. 30º 04 W. metes and bounds call for 122.71 feet, said right of way being to serve as a means of ingress and egress for adjoining tracts of real estate to U. S. Rt. 33.
The Grantor further grants and conveys unto the Grantee, his heirs and assigns, all rights of way and easements appertaining to the aforesaid real estate.
This sale and the conveyance of title to the above described real property will be by Special Warranty. Environmental warranties disclaimed and subject to all covenants, restriction, easements, rights of way and reservations which may be a matter of record in the aforesaid Clerk’s Office or visible upon the ground, all prior liens and encumbrances, including, with limitation. The subject property will be sold as “AS IS” condition. The Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
This sale is also made subject to the rights of tenants under the Protecting Tenants at Foreclosure Act of 2009. Neither the Trustee nor the holder of said note makes any representation or warranties as to the existence of any leases or other occupancy agreements affecting the subject property.
The real property taxes on the above described will be prorated as of date of sale and any excise tax shall be paid by purchaser as well as recording costs upon recordation of said special warranty deed.
FEDERAL TAX LIEN: In the event there are Federal Tax Liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer.
TERMS OF SALE: Twenty Percent (20{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) in hand on day of sale or evidence of credit acceptable to the secured party, and balance at closing, not to exceed thirty days. Announcements made at sale take precedence over any written notice or advertisement.
The undersigned trustee reserves the right to reject any and all bids received, and to continue said sale from time to time, upon announcement thereof given verbally, on day of sale and any continuance thereof. The secured party reserves the right to purchase the property at such sale.
Persons interested in viewing the property may contact Jeffrey S. Bowers, PO Box 849, Franklin, West Virginia 26807, (304) 358-3333.
DATED this 4th day of January, 2019.
JEFFREY S. BOWERS,
TRUSTEE
P.O. BOX 849
FRANKLIN, WV 26807
(304)358-3333
1-31-2c