NOTICE OF TRUSTEE’S SALE
Notice is hereby given, that the undersigned Substitute Trustee, by the virtue of the authority vested in it by that certain Deed of Trust dated December 9, 1994, recorded in the Office of the Clerk of the County Commission of Wood County, West Virginia, in Deed of Trust Book 633, at Page 744, executed by Russell E. Modesitt and Lori S. Modesitt, to Robert D. Lewis, State Director of the Rural Housing Service for the State of West Virginia, or its successor agency, and the successors in office as State Director or Acting State Director, as Trustee, for the benefit of the United States of America, acting through the Rural Housing Service or successor agency, United States Department of Agriculture, will offer for sale at public auction at the front door of the Wood County Courthouse, in Parkersburg, West Virginia, on
January 29, 2020 at 5:04 p.m.
The following described property, with its improvements, easements and appurtenances thereunto belonging, situate in the Clay District, Wood County, West Virginia, and more particularly described as follows:
BEGINNING at an iron rod in the line of Bertha O’Dell, Tract A, Deed Book 374, at page 155 and the southwest corner of James A. Thornton, Tract A-2 A, Deed Book 861, at page 201; thence with said Thornton line S. 72 deg. 37′ E. 277.6 feet to an iron rod in the center of a 30 foot right of way; thence with the center of said right of way S. 8 deg. 09′ W. 90.67 feet to an iron rod; thence S. 24 deg. 20′ W. 190.95 feet to an iron rod; thence S. 28 deg. 50′ W. 90 feet to an iron rod; thence leaving said right of way N. 73 deg. 36′ W. 209.27 feet to an iron rod in the line of Bertha O’Dell; thence with said O’Dell line N. 33 deg. 40′ E. 92.04 feet to a six inch steel casing; thence N. 3 deg. 54′ E. 290.49 feet to the place of beginning, containing 2.00 acres.
This conveyance is made subject to the reservation of a right of way for a gas line across the said property to the Modesitt and O’Dell land.
It is expressly understood that the purchasers agree to share in the maintenance of the 30 foot right of way upon which the above described tract fronts and that is the way of ingress and egress to and from the property.
At the time of the execution of the Deed of Trust, the property was reported to have a mailing address of Route 9 Box 286-F, Parkersburg, WV 26101. We have reason to believe the property now has a mailing address of 383 Odell Lane, Parkersburg, WV 26101.
AND BEING the same real estate conveyed to Russell E. Modesitt by Deed dated the 21st day of October, 1988 from Orville M. O’Dell and recorded in the Office of the Clerk of the County Commission of Wood County, West Virginia in Deed Book 867, at Page 45 and by Corrective Deed recorded in Deed Book 938, at Page 745.
TERMS OF SALE:
1. The property will be conveyed in an “AS IS” physical condition by Deed containing no warranty, express or implied, subject to the Internal Revenue Service right of redemption, all property taxes, prior Deeds, liens, reservations, encumbrances, restrictions, rights-of-ways, easements, covenants, conveyances and conditions of record in the Clerk’s office or affecting the subject property.
2. The Purchaser shall be responsible for the payment of the transfer taxes imposed by the West Virginia Code ยง 11-22-1.
3. The Beneficiary and/or the Servicer of the Deed of Trust and Note reserve the right to submit a bid for the property at sale.
4. The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate said property, and any personal property and/or belongings remaining at the property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY.
5. The total purchase price is payable to the Trustee within thirty (30) days of the date of sale, with ten (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the Trustee at sale. Title will be conveyed by Trustee’s Deed upon payment of balance. There will be no refund granted of any amount if the third party purchaser elects not to purchase the property for any reason.
6. For more information on this property, please see the listing on the PROPERTIES FOR SALE WEBSITE: http://www.resales.usda.gov/
CONTINUANCE OR ADJOURNMENT OF SALE:
The Trustee or his assigns has the right to continue the sale or to adjourn the sale for a time or from time to time without further notice other than oral public announcement at the time and place appointed for such sale or at any continuance or adjournment thereof and correction made on the posted notices, which continuance shall be in the sole discretion of the Trustee.
Pill & Pill, PLLC, Substitute Trustee
________________________________
Richard A. Pill, Member
Dated this 7th day of January, 2020.
P.O. Box 440, 85 Aikens Center, Martinsburg, WV 25404
Phone – (304) 263-4971; Fax (304) 267-5840; email: [email protected]
Jan 21, 28