NOTICE OF
TRUSTEE’S SALE
NOTICE IS HEREBY GIVEN that by virtue of a deed of trust dated June 27, 2006, (the “Deed of Trust”), made by Eric K. Hedrick and Rachel A. Hedrick, his wife, and Carolyn J. Hedrick Kremer, to John G. Vanmeter, Trustee, 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, in order to secure Grant County Bank in the payment of the sum of $284,415.00, evidenced by a negotiable promissory note bearing even date therewith, and Freedom Bank, Inc., as assignee of and successor in interest to Grant County Bank, 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 11:00 A.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 that certain tract or parcel of real estate, together with all buildings and improvements thereon and appurtenances thereunto belonging, situate in Union District, Pendleton County, West Virginia, lying and being situate on the east side of the Lower Timber Ridge Road (County Route 6) three miles south of the intersection of said route and U.S. Route 33, 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:
BEGINNING at a 5/8” rebar set on the east bank of Route 6 and witnessed by the northwest corner of David Bennett’s 0.27 acre tract, S 29-10 W. 604.32 feet; thence with two lines on the east side of Route 6 and five new lines through Genevieve Bennett’s land N. 17-33-17 E 95.68 feet to a point on the bank; thence N 25-12-40 E 226.67 feet to a 5/8” rebar set; thence S 60-00-00 E 575.40 feet to a 5/8” rebar set in a stone pile; thence S 25-46-59 W 320.18 feet to a 5/8” rebar set in a stone pile; N 60-00-00 W 559.40 feet to the beginning, containing 4.19 acres, more or less, and being the same real estate that was conveyed to Eric Hedrick by deed dated September 24, 1993, from Genevieve Bennett and Burrell Bennett, which deed is of record in the Clerk’s Office of the County Commission of Pendleton County, West Virginia, in Deed Book 135, page 240, to which deed reference is herewith made for all pertinent purposes.
The Subject Property will be sold subject to all prior liens senior in priority to the Deed of Trust, if any, 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