NOTICE OF
TRUSTEE’S SALE
NOTICE IS HEREBY GIVEN that by virtue of a deed of trust dated October 9, 2008, (the “Deed of Trust”), made by Carolyn J. Hedrick Kremer, Eric K. Hedrick and Rachel A. Hedrick and, to George Sponaugle, II and Harry A. Smith, Trustees, of record in the Office of the Clerk of the County Commission of Pendleton County, West Virginia, in Trust Deed Book 122, at Page 377, in order to secure Freedom Bank, Inc. in the payment of the sum of $2,063,000.00, evidenced by a negotiable promissory note bearing even date therewith, and Freedom Bank, Inc. being authorized and empowered to designate and appoint one or more substitute trustees in the place and stead of the trustee named in the Deed of Trust and the undersigned, Appalachian Title Services, LLC, a West Virginia limited liability company, having been so appointed by the terms of a Designation of Substitute Trustee of record in said Clerk’s office, and default having been made in the payment of said indebtedness and said Substitute Trustee having been requested in writing so to do by Freedom Bank, Inc., the owner and holder of said note, said Substitute Trustee, on
MONDAY,
NOVEMBER 16, 2020, AT 12:00 P.M.
EASTERN TIME
will offer for sale and sell at public auction at the front door of the Pendleton County Courthouse in Franklin, West Virginia, to the highest bidder therefor, all those certain tracts or parcels of real estate, together with all buildings and improvements thereon and appurtenances thereunto belonging, situate in Union District, Pendleton County, West Virginia, reported to have, at the time of execution of the Deed of Trust, a physical address of HC 32, Box 63E, Upper Tract, West Virginia, 26866, and being more particularly bounded and described as follows:
TRACT NO. 1: All that certain tract or parcel of real estate lying and being situate on the West side of Timber Hill Mountain, Union District, Pendleton County, West Virginia, described by its metes and bounds as follows:
BEGINNING at a large chestnut oak on the rocks on top of Timber Hill Mountain, corner of John W. Harper and with the meanderings of said top and with John W. Harper line, N. 42-1/2 E. 10 poles to several chestnut oak saplings on a ridge, N. 63-1/2 E. 20 poles to a sugar sapling on said ridge N. 57 E. 12 poles to a black walnut sapling on said ridge, N. 49 E. 12 poles to a locust sugar and white oak on the top of Timber Hill Mountain. Thence leaving the John W. Harper line N. 22-1/2 W. 90-1/2 poles to a sugar by a fence S. 43 W. 41 poles crossing a path and a stream of water to two sugars near the stream, S. 41 W. 48 poles to two chestnut oaks in a laurel patch S. 10 W. 4 poles to a double chestnut corner of the lay survey and with the line of same S. 30 W. 93 to a pile of rocks corner of B. H. Hiner, G. C. Auville and John W. Harper and with John W. Harper’s line S. 72 E. 68 poles to three red oak saplings and a double red oak marked as a pointer on top of a ledge of rocks, thence with the meandering of said rocks N. 51 E. 42 poles to a chestnut oak on cliff of rocks, thence with said rocks N. 30 E. 22-1/2 poles to the beginning, containing 71 acres, more or less.
TRACT NO. 2: That certain tract or parcel of real estate lying and being situate on top of Timber Ridge, Union District, Pendleton County, West Virginia, and is bounded as follows:
BEGINNING at a sugar on top of mountain at head of lane, thence S. 10 W. 62 poles to a locust bush, thence N. 75 W. 18 poles to two chestnuts, thence S. 65 W. 23-1/2 poles to two chestnuts and box elder, thence N. 20 W. 164 poles to a sugar and ironwood, thence N. 84 E. 47 poles to a chestnut oak, thence N. 13 E. 34 poles to a sugar, thence S. 62 E. 60 poles with the old Davis line to the beginning, containing 47 acres, more or less.
TRACT NO. 3: That certain farm lying and being situate on Timber Ridge, Union District, Pendleton County, West Virginia, made up of two tracts of 336 acres and 35 acres, respectively. The 336 acre tract or parcel of real estate is described in prior deeds as adjoining the lands of J. Hugh Teter, Job Davis and the heirs of Jesse Davis, deceased, and the 35 acre tract adjoins the 336 acre tract and is bounded as follows:
BEGINNING at a black walnut, thence N. 67-3/4 W. 29 poles to a red oak, thence S. 81 W. 43-2/3 poles to a red oak on a ridge; thence N. 29-1/2 W. 22 poles to a Spanish oak, thence S. 35-1/2 W. 35 poles to a Spanish oak, thence N. 63 W. 17 poles to a double sugar sapling, thence up a hollow on a southeast course to a Spanish oak on the corner of the timber, thence to George Harpers line to a sugar, thence with said Harper line to a former corner on top of Timber Ridge and thence with lines and courses of the 336 acre tract to the beginning, containing 35 acres, more or less.
There is excepted and reserved from the aforesaid tracts of 336 acres and 35 acres, the following out-conveyances:
1. That certain tract or parcel of real estate containing 10 acres, more or less, which was conveyed to Genevieve Bennett and Burrel Bennett by deed dated February 6, 1952, from Grant Harper and Iola Harper, which deed is of record in the Clerk’s Office of the County Commission of Pendleton County, West Virginia, in Deed Book 74, page 267.
2. That certain tract or parcel of real estate containing 0.27 acre or 11,753 square feet, which was conveyed to David Bennett and Grace Bennett by Genevieve Bennett and Burrel Bennett, which deed is of record in the aforesaid Clerk’s Office in Deed Book 131, page 172.
3. That certain tract or parcel of real estate containing 6.80 acres, which was conveyed to Herman L. Bennett and Vera J. Bennett, by deed dated June 9, 1970, from Grant Harper and Iola Harper, which deed is of record in the Clerk’s Office aforesaid in Deed Book 89, page 184.
4. That certain tract or parcel of real estate containing 2.07 acres, which was conveyed to J. Christopher Johnson and Kathi D. Johnson by deed dated February 15, 1989, from Genevieve Bennett and Burrel Bennett, which deed is of record in the Clerk’s Office aforesaid in Deed Book 124, page 388.
5. That certain tract or parcel of real estate containing 4.19 acres, which was conveyed to Eric Hedrick by deed dated September 24, 1993, from Genevieve H. Bennett and Burrel Bennett, which deed is of record in the Clerk’s Office aforesaid in Deed Book in Deed Book 135, page 240.
6. That certain tract or parcel of real estate containing 19.02 acres, which was conveyed to Dolan Burrel Bennett and Shirley Bennett by deed dated July 12, 1994, from Genevieve Bennett, which deed is of record in the Clerk’s Office aforesaid in Deed Book 137, page 238.
7. That certain tract or parcel of real estate containing 1.02 acres, which was conveyed to Kathi D. Johnson by deed dated July 12, 1994, from Genevieve Bennett, which deed is of record in the Clerk’s Office aforesaid in Deed Book 137, page 534.
8. That certain tract or parcel of real estate containing 5 acres, which was conveyed to Crystal D. Corbett by deed dated September 1, 1994, from Genevieve Bennett, which deed is of record in the Clerk’s Office aforesaid in Deed Book 139, at page 482.
9. That certain tract or parcel of real estate containing 8.12 acres, conveyed to Jennie L. Raines by deed dated August 20, 1996, from Genevieve Bennett, which deed is of record in the Clerk’s Office aforesaid in Deed Book 143, page 316.
10. That certain tract or parcel of real estate containing 28.14 acres, conveyed to Dolan Burrel Bennett and Shirley Bennett, by deed dated November 22, 1997, from Genevieve Bennett, which deed is of record in the Clerk’s Office aforesaid in Deed Book 146, page 519.
Tract No. 3 herein is presently carried on the Land Books of Pendleton County, West Virginia, as one tract of 269.54 acres.
Tracts 1, 2 and 3 being the same tracts of land conveyed to Carolyn J. Hedrick and Eric K. Hedrick, with the right of survivorship, from Genevieve H. Bennett, by deed dated March 7, 1995, and of record in the aforesaid Clerk’s Office in Deed Book 149, page 211.
The Subject Property will be sold subject to all prior liens senior in priority to the Deed of Trust, if any, to expressly include the lien of that certain deed of trust dated June 27, 2006, and of record in the office of the Clerk of the County Commission of Pendleton County, West Virginia in Trust Deed Book 110, at Page 656, wherein Eric K. Hedrick, Rachel A. Hedrick and Carolyn J. Hedrick Kremer conveyed the Subject Property unto John G. Vanmeter to secure payment of certain sums unto Grant County Bank. The Subject Property will further be sold subject to all unpaid real or personal property taxes or assessments, encumbrances and claims in favor of public service districts/municipal sanitary boards, if any, and also further subject to any and all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes recorded in the aforesaid Clerk’s office prior to the Deed of Trust and affecting the Subject Property.
TERMS OF SALE: Ten percent (10%) of the sales price shall be paid by cash, cashier’s check, or check guaranteed by bank letter of credit in acceptable form, in hand on the day of sale (the “Good Faith Deposit”), with the balance to be paid in cash at closing within 30 days after the date of sale.
The sale of the Subject Property will be made subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real estate, and any and all unpaid taxes assessed against the Subject Property. The Subject Property shall be sold “AS IS” and “WITH ALL FAULTS.” The Substitute Trustee shall not be liable for any representations or warranties respecting the physical condition, size or characteristics of the Subject Property. Conveyance shall be by special warranty deed, and purchaser shall pay for all transfer stamps, recording fees, and other closing costs.
The risk of loss or damage to the Subject Property shall be borne by the foreclosure purchaser from and after the bid strikedown at the time of sale. The Substitute Trustee will not deliver possession of the Subject Property to the foreclosure purchaser, who shall be solely responsible for obtaining possession of the Real Property. Further, the Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the Subject Property to vacate said property, and any personal property and/or belongings remaining at the Subject Property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY.
Any sale hereunder may be adjourned from time to time without notice other than oral proclamation at the time and place appointed for the sale. The Substitute Trustee reserves the right to reject any or all bids. The party secured by the Deed of Trust reserves the right to purchase the property at such sale.
Additional terms and conditions shall be announced at the sale.
At public sale any person or entity may bid and may purchase any real estate sold if they be the highest bidder. If the real estate is sold for an amount in excess of the outstanding balance of the mortgage, together with all interest, unpaid real estate taxes and costs, said excess must be used to satisfy any other encumbrances on said property and after all said encumbrances are satisfied together with all interest and costs, any excess then remaining must be paid to the Grantor. If the Grantor or any person holding an encumbrance cannot be found after a diligent search, the money shall be paid into the Circuit Court of the county for the benefit of the Grantor or the holder of any such encumbrance.
In the event that 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.
Dated: Wednesday, October 14, 2020.
APPALACHIAN TITLE SERVICES, LLC
Substitute Trustee
P. O. Box 1081
Bridgeport, WV 26330
(304) 641-7374
appalachiantitle@yahoo.
com
10-22-2p