Pursuant to the authority vested in the undersigned Substitute Trustee by deed of trust dated the 11th day of September, 2013, signed by Richard W. Jenkins and Janelle L. McDonald to William C. Keaton and/or Joseph Milleson, Jr., Trustees, which said deed of trust is of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Trust Deed Book No. 563, at Page 728, and the undersigned Substitute Trustee having been requested so to do by the Secured Creditor, and default having been made under the terms and conditions of said deed of trust, and the provisions in said deed of trust concerning acceleration having been complied with by the Secured Creditor and present holder of the note, said Substitute Trustee will sell at public auction at 9:30 a.m. on the
28th day of MAY 2015
at the front doors of the Courthouse in Hampshire County in Romney, West Virginia the following described real estate:
All that certain lot or parcel of real estate situate in Bloomery District, Hampshire County, West Virginia, adjacent to West Virginia Secondary Route 45/6, approximately ¼ mile north of West Virginia State Route 29, containing 2.110 acres, more or less, said real estate being more particularly bounded and described as follows: “BEGINNING at a 5/8” re-bar set a fence corner, corner to the Ray Kidwell land, thence with a new line through the Baker land, S. 84 59 41 E 410.43’ to the center of Route 45/6, thence with Route 45/6 and the land of Allan R. Deem, S 17 41 23 W 25.00’ S 33 24 49 W 44.20’ S 37 18 18 W 80.47’, thence leaving the present road and running with the old road, S 00 30 09 W 133.26’ to a 5/8” re-bar, set in an Iron Pipe, S 49 35 45 W 144.04’ to a 5/8” re-bar, thence leaving the Deem land and with the Shed Tract, and crossing Route 45/6, N 36 24 18 W 401.67” to a 5/8” re-bar set in the line of the Kidwell land, thence with Kidwell, N 18 16 17 E 67.26’ to the beginning, containing 2.110 acres, as surveyed by Frank A. Whitacre, September 8, 1983.”
It is the intention of this notice to sell the secured property by proper description as was intended to be transferred and conveyed in the aforesaid deed of trust.
The above described real estate is reported to have a mailing address of:
79 Duff Lane, Capon Bridge, WV 26711
TERMS OF SALE: Cash in hand on day of sale or within 30 days of date of sale upon terms to be agreed upon between Substitute Trustee and successful bidder, time being of the essence; payment for unpaid real estate taxes to be assumed by the purchaser. The Substitute Trustee does not warrant title or fitness to this property; it is being purchases as is; this is a buyer beware sale and any buyer is advised to retain counsel before the sale. If there is any part of the process of sale which is found to be objectionable, the Substitute Trustee reserves the right to cancel the sale. No purchaser should take possession or make improvements in the premises until the Substitute Trustee deed is delivered or recorded. A third party purchaser at sale will be required to pay the purchase price plus all recording and transfer fees.
Substitute Trustee at sale is under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
FEDERAL TAX LIEN: In the event that there are Federal Tax Liens against the property, the United Sates 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.
The party(ies) secured by the Deed of Trust reserve the right to purchase the property at such sale. If the purchaser at sale is unable to complete the terms of purchase within 30 days, the Substitute Trustee reserves the right to transfer the property to the next highest bidder.
Any sale hereunder may be adjourned from time to time without any notice other than oral proclamation at the time and place appointed for this sale or by posting of a notice of same. Should the Substitute Trustee not appear at the time appointed for the sale and there is no notice posted of a continuance please contact the office the Substitute Trustee to make further inquiry. Any sale may be conducted or adjourned by the designated agent or attorney of the Substitute Trustee. The undersigned is fully vested with the authority to sell said property as Substitute Trustee by instrument of record.
Should any party have any inquires, objections to the sale or protests regarding the sale, or requests regarding the sale, please notify the Substitute Trustee below by one of the means of communication set forth below.
SHERMAN LAW FIRM
Lawrence E. Sherman, Jr.
255 W Main Street, P. O. Box 1810
Romney, WV 26757
Telephone: 304-822-4740
Fax: 304-822-7922
Toll Free: 1-800-619-4740
Email: lesherman@leshermanlaw.com
5-6-3c
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