NOTICE OF TRUSTEEáS SALE
Notice is hereby given that default has occurred in the payment of that certain indebtedness secured by that certain Deed of Trust dated December 2, 2002, made by and between Ruth J. Arvidson and Paul Arvidson (the âGrantorsã) and Edward L. Smith and David Palmer, in their capacity as Trustees (the âOriginal Trusteesã), predecessors in interest to David M. Thomas (the âTrusteeã or âSubstitute Trusteeã), to secure indebtedness in the principal sum of $21,755.00, plus interest, fees and other applicable charges, recorded in the Office of the Clerk of the County Commission of Wood County, West Virginia, in Trust Deed Book 1073 at page 18 (the âDeed of Trustã). The Substitute Trustee was appointed in the Original Trustees’ place and stead, by instrument recorded in the aforesaid Clerkás office. The Deed of Trust authorizes the Substitute Trustee to act in the enforcement of said Deed of Trust, and the undersigned Substitute Trustee having received a request from the beneficiary of said Deed of Trust, will sell at a public auction to the highest bidder(s), the following hereinafter described real estate, together with any buildings, structures and other improvements located thereon (the âReal Estateã) on:
FEBRUARY 29, 2016, AT 1:00 P.M.
AT THE FRONT DOOR OF THE WOOD COUNTY COURTHOUSE
PARKERSBURG,
WEST VIRGINIA
REAL ESTATE
DESCRIPTION:
Situate in the City of Vienna, County of Wood, and the State of West Virginia, more particularly bounded and described as follows, to wit:
BEING all of Lot No. 49 in L. Dudley and Sons Addition to the City of Parkersburg, a Plat of which is of record in the Office of the Clerk of the County Commission of Wood County, West Virginia in Plat Book 1 at Page 20, to which Plat reference is here made and had for a more particular description of said lot by metes and bounds.
BEING the same real estate conveyed unto Ruth Arvidson, married, by a Deed dated November 22, 2002, and to be recorded in the aforesaid Clerk’s Office in Deed Book 1047 at page 830.
This conveyance is made subject to all easements, rights of way, restrictions, reservations and protective covenants, including but not limited to all oil, gas and mineral exceptions, reservations and leases, appearing in the chain of title.
TERMS OF SALE:
Sale of the Real Estate will be made by the Trustee by public auction to the highest bidder. The Real Estate shall be sold by the Trustee in the manner he determines, in his sole discretion, whether it be in one or several lots or parcels. The Trustee reserves the right to reject any bid that in his opinion is inadequate. The highest bidder(s) will be required to tender a deposit of ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the purchase price in cash or immediately available funds by the end of the day of sale, and the remainder of the purchase price will be due within 30 days of the sale. The Trustee reserves the right to accept or reject such other terms as to payment or delivery of payment as may be agreed to by the Trustee and the bidder(s). If the successful bidder(s) fails to deliver the deposit and/or total purchase price within the prescribed time, the Trustee may proceed to resell the Real Estate, or the applicable portion thereof, pursuant to the Deed of Trust or, at the discretion of the Trustee, convey the Real Estate to the next highest bidder if such bidder will honor said bid.
The Trustee also reserves the right to continue the sale of all or any one or more of the lots or parcels of Real Estate from time to time by oral proclamation or by posting a notice of the same where legal notices are posted in Wood County, West Virginia, which continuation shall be in the sole discretion of the Trustee. Should the Trustee not appear at the time appointed for the sale and there is no notice posted of a continuance, please contact the office of the Trustee to make further inquiry. Please direct any inquiries or objections to the sale to the Trustee in writing at the following address: Trustee, David M. Thomas, Esq., at Dinsmore & Shohl LLP, 215 Don Knotts Boulevard, Suite 310, Morgantown, West Virginia 26501, (304) 296-1100. Any sale may be conducted or adjourned by the designated agent or attorney of the Trustee. The Trustee reserves the right to have an auctioneer call the sale of one or more of the parcels of lots to be sold. The beneficiary under the Deed of Trust or its designee may purchase the Real Estate at the sale, in whatever manner sold, and in such case, the beneficiary shall have the right to credit against the amount of the successful bid(s) made therefore all or any of the secured debt then due.
Conveyance will be made by Special Warranty Deed subject to any and all effective and enforceable exceptions, reservations, conditions, covenants, restrictions, limitations, assessments, easements, rights of way, oil, gas and/or mineral severances and other encumbrances as have been created with respect to and/or imposed upon said Real Estate by the Grantors or their predecessors in interest in title prior to the recording of the Deed of Trust in the aforesaid Clerk’s office and/or which may otherwise survive the foreclosure sale under applicable law. The Real Estate and any improvements located thereon, are sold in âAS ISã condition. The Trustee does not make any representations or warranties as to the physical condition of the Real Estate. Prospective purchasers are responsible for inspecting the title to the Real Estate prior to the Trustee’s Sale. Any and all legal procedural requirements to obtain physical possession of the Real Estate after the sale are the responsibility of the purchaser(s). Risk of loss or damage will be the purchaserás from and after the foreclosure sale. All outstanding taxes, assessments and utility charges will be the responsibility of the purchaser(s). All settlement fees, costs of conveyance, examination of title and recording charges shall be at the expense of the purchaser(s). Trustee makes no representations regarding the state of title to the Real Estate. Purchaser(s) shall bear the responsibility and risk of any inspection of the lots or parcels comprising the Real Estate, and shall take title to the Real Estate subject to any existing leases, land contracts, or other agreements, recorded and unrecorded. If the Trustee cannot convey title to the Real Estate, purchaser’s sole remedy is the return of the purchase money paid by the purchaser(s) for the purchase of any such lots or parcels. The purchaser(s) shall be responsible for the payment of the transfer taxes imposed by Article 2 of Chapter 11 of the West Virginia Code. Sale is made subject to the right of the Internal Revenue Service to redeem the Real Estate as provided by Section 7425 of the Internal Revenue Code of 1986, as amended. Additional terms and conditions shall be announced at sale.
Given under my hand this 29th day of January, 2016.
David M. Thomas, Trustee
Dinsmore & Shohl LLP
Dinsmore & Shohl Building
215 Don Knotts Boulevard, Suite 310
Morgantown, West Virginia 26501
Telephone: (304) 296-1100
Facsimile: (304) 296-6116
Feb 2, 9