NOTICE OF TRUSTEE’S SALE
NOTICE IS HEREBY GIVEN that, default having been made in the payment of the indebtedness secured by the deed of trust hereinafter described, and the undersigned having been required so to do by the owner and holder of said indebtedness, the undersigned Substitute Trustee {see General Lien Book No. 2015, at page 120 thereof} will offer for sale at the front door of the Wood County Courthouse, Parkersburg, West Virginia, on
FRIDAY, JUNE 1, 2018,
at 10:00 o’clock in the
forenoon, local time,
at public auction, to the highest bidder for cash, all of the right, title and interest of MARGARET A. MILLER and KERRY G. MILLER in and to the real property described in a certain deed of trust dated May 5, 2005, to ROBERT K. TEBAY, III, original Trustee, recorded in the Office of the Clerk of the County Commission of Wood County, West Virginia, in General Lien Book No. 1285, at page 50 thereof, possessed by the said MARGARET A. MILLER and KERRY G. MILLER as at the making of said deed of trust, which real estate conveyed by said maker is described therein as follows, to-wit:
TRACT TWO:
39 McVey Lane, Washington
West Virginia 26181
LYING and being in the District of Lubeck, County of Wood and State of West Virginia, more particularly described as follows:
BEGINNING at a stone, a corner to David Lowers, with large hickory pointers and running thence S. 48-1/2õ W. 103 poles to a stone; thence N. 51-1/2õ W. 3 poles and 6 links to a stone, an original corner; thence S. 48õ W. 4 poles to a stone on the north side of the road; thence N. 16õ W. 13 poles to a stone; thence N. 30õ W. 25 poles and 7 links to a stone; thence N. 55-1/2õ W. 10 poles to a stone; thence N. 45õ W. 3 poles and 8 links to a stone; thence N. 35-1/2õ W. 7 poles and 17 links to a stone; thence N. 32õ W. 6 poles and 20 links to a stone; thence N. 21-1/2õ W. 5 poles and 11 links; thence N. 27õ W. 7 poles and 22 links to a stone in Mary F. Wigal’s line; thence N. 50õ E. 6 poles to a stone; thence N. 27õ W. 19 poles to a large elm on the east bank of Lee Creek; thence N. 56õ E. 22 poles to a stake; thence N. 71-1/2õ E. 3 poles and 19 links; thence N. 8 poles and 11 links to a hickory on the west bank of Lee Creek; thence N. 28-1/2õ W. 21 poles to a small water elm; thence N. 89-1/2õ E. 38-1/2 poles to a stone on the west bank of Lee Creek with large hickory pointers; thence up said creek S. 16-1/2õ W. 24 poles and 16 links to a point in Lee Creek 6 links below a large sycamore; and thence S. 66õ E. 87 poles to the beginning, containing 50 acres and 90 poles, being the same more or less.
LESS AND EXCEPTING a tract containing 7.52 acres as shown on Lubeck District Map 490, as Parcel K-4, previously conveyed unto Keith W. McVey and Brenda A. McVey by Kenneth M. McVey and Deborah Ann McVey, by Deed dated May 24, 1994, of record in the Office of the Clerk of the County Commission of Wood County, West Virginia, in Deed Book 931 at page 757.
BEING a part of the same real estate conveyed unto Kerry G. Miller and Margaret A. Miller, husband and wife, by Kenneth M. McVey and Deborah Ann McVey, husband and wife, by Deed dated April 27, 2005, to be recorded immediately prior hereto in the aforesaid Clerk’s Office.
This conveyance is made subject to all rights of way, reservations, restrictive and protective covenants, utility easements, and oil, gas and mineral leases of record in the chain of title in the aforesaid Clerk’s Office.
Upon the following terms to-wit:
- $5,000.00 in cash or certified funds at sale, with balance due within 10 days or as the Trustee and bidder(s) may otherwise agree at sale.
- Subject to any and all reservations, exceptions, conditions, grants of rights of way and easements made by the grantor and his predecessors in title prior to the granting of the deed of trust being foreclosed upon.
- The undersigned reserves the right to adjourn the sale from day to day and time to time upon oral proclamation made at the time and place of sale set forth herein or at such later time and place to which the sale has theretofore been adjourned.
- The undersigned reserves the right to reject any and all bids.
- Sale is subject to unpaid ad valorem taxes and special assessments, if any.
- The premises described hereinabove, including any and all improvements thereto, are sold âAS IS-WHERE ISã with no warranty express or implied.
- The owner and holder of the indebtedness secured by the deed of trust described hereinabove reserves the right to bid at this sale.
- The successful buyer at the sale will be responsible for paying any and all transfer stamps, excise fees and recording costs with respect to the trustee’s deed.
- Neither the owner and holder of the indebtedness secured by the underlying deed of trust nor the substitute trustee shall have any duty to cause any existing tenant or person or persons occupying the subject property to vacate said property.
- Any personal belongings remaining in the subject premises after sale shall be deemed abandoned and may thereafter be disposed of at the successful bidder’s or bidders’ discretion. Any person or entity claiming ownership of or any interest in any such property should contact the undersigned prior to sale about any such claim.
- The successful bidder at the sale and the Trustee shall execute a Memorandum of Sale at the conclusion of the sale, and the terms of the Memorandum shall control.
- In the event that the successful bidder at the sale fails or refuses to consummate his, her, its or their purchase, then the Trustee shall have the option to consummate sale with the next highest bidder at the sale.
- The undersigned is only offering for sale the above-described tract of land, as One Community Federal Credit Union has released its lien as against the other tracts described in the Deed of Trust. See Partial Release, Book No. 1856, page 608.
- Sale is subject to the provisions of W.Va. Code Œ38-1-16 regarding any existing tenancy at the subject premises
Dated at Parkersburg, West Virginia, this, the 2nd day of May, 2018.
ANDREW C. WOOFTER, III, PLLC, Substitute Trustee,
By: Andrew C. Woofter, III,
its Manager,
Address: 2104 Dudley Avenue, Post Office Box 265,
Parkersburg, West Virginia 26102,
Telephone: {304} 834-1145,
Facsimile: {304} 834-1147.
IMPORTANT NOTICE CONCERNING YOUR RIGHTS
IN THE EVENT THIS COMMUNICATION IS DETERMINED TO BE FROM A DEBT COLLECTOR IN AN ATTEMPT TO COLLECT A DEBT, BE ADVISED THAT ANY INFORMATION OBTAINED WOULD BE USED FOR THAT PURPOSE.
May 18, 25