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 Triple R Ranch, LLC, a West Virginia limited liability company, to George Sponaugle, II and Harry A Smith, III, 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 394, 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 trustees 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 the Pendleton County 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
THURSDAY,
DECEMBER 17, 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 those certain tracts or parcels of real estate, together with all buildings and improvements thereon and appurtenances thereunto belonging, situate in Mill Run District, Pendleton County, West Virginia, and Milroy District, Grant 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. 4: That certain tract of real estate, lying and being situate in Mill Run District of Pendleton County, West Virginia, and Milroy District of Grant County, West Virginia, said tract of real estate being more particularly described as follows:
BEGINNING at a locust tree an old corner near the foot of a hill, thence S. 49° 01’ E. 306.36 feet to a black oak, thence S.31° 33’ E. 600.57 feet to a black oak, thence N. 59° 12’ E. 207.95 feet to an iron pipe a corner of Bouldin’s 2.432 acre tract, thence with two lines of same N. 50° 33’ E. 290.84 feet to an iron pipe, thence S. 30° 15’ E. 244.75 feet to an iron pipe a corner of Bouldin’s 1.636 acre tract, thence with two lines of same N. 52° 54’ E. 428.26 feet to an iron pipe, thence S. 13° 55’ E. 159.32 feet to an iron pipe at the west side of State Rt. No. 1, thence along the west side of the road N. 43° 11’ E. 967.63 feet crossing the Pendleton-Grant County line to an iron pipe on the west side of Secondary Rt. No. 9 and a corner of Alt’s 3.008 acre tract, thence with two lines of the 3.008 acre tract N. 47° 44’ W. 434.31 feet crossing South Mill Creek to an iron pipe, thence N. 36° 58’ E. 291.31 feet to an iron pipe, thence N. 44° 43’ E. 1033 feet to a point in an old ditch and a corner of a 5.606 acre tract and in a line of the old Snell tract, thence N. 39° 06’ W. 617.6 feet to a planted stone, thence S. 51° 54’ W. 2447.8 feet to an iron pipe, thence with old lines old calls given from Deed Book 125, page 344, N. 50° W. 900 feet to three pines, thence N. 88° 30’ W. 379.5 feet to three chestnut oaks, thence S. 11° E. 495 feet to a red oak, thence S. 20° W. 321.75 feet to a chestnut oak, thence S. 72° 30’ E. 523.8 feet to a locust, thence S. 61° 20’ E. 511.5 feet to the place of beginning, containing 83.5 acres, more or less.
The aforesaid Tract No. 4 of real estate is the same real estate conveyed unto Mark Lambert and Mary B. Lambert, his wife, by that certain corrective deed dated March 21, 1991, recorded March 6, 1991, and of record in the Office of the Clerk of the County Commission of Pendleton County, West Virginia, in Deed Book No. 129, at page 168 from Path lab, LTD., Employees Pension Plan.
There is excepted and reserved from the aforesaid Tract No. 4, containing 83.5 acres, more or less, the same is made subject to the following out-conveyance:
All of the interest in and to a permanent flowage easement in and to that tract of land lying about 500’ Northwest of Sec. Rt. 9, near the county line, in Milroy District, Grant County, WV, containing 10.3 acres, more or less, to which the Potomac Valley Soil Conservation District and the Grant County Parks and Recreation Commission, public bodies corporate, and political subdivisions of the State of West Virginia, granted title by that certain order of condemnation dated and entered on July 15, 1992, in that certain condemnation action in the Circuit Court of Grant County, West Virginia, styled Potomac Valley Soil Conservation District and the Grant County Parks and Recreation Commission v. Mark Lambert and Mary Beth Lambert, Civil Action No. 92-C-59, and of record in the Clerk’s Office of the County Commission of Grant County, West Virginia, in Deed Book No. 178, at page 458, said real estate being described as follows:
Beginning at a post with a pipe found, corner of the parent tract and of E. Alt, thence with part of a line of Alt S. 48-51-37 E. 106.11’ to a stake, thence by new lines through the parent tract, S. 24-13-35 W. 163.56’ to a stake, thence, S. 81-09-42 W. 74.79’ to a stake, thence, S. 87-18-27 W. 176.86’ to a stake, thence, N. 65-13-43 W. 215.97’ to a stake, thence, N. 5-22-49 E. 30.00’, crossing South Mill Creek, thence, S. 87-00-10 E. 238.04’ to a stake, thence, N. 15-11-48 E. 402.78’ to a stake, thence, N. 34-00-29 E. 214.94’ to a stake, thence, N. 36-17-28 E. 399.96’ to a stake, thence, N. 37-34-42 E. 624.76’ to the line of Snell, thence with part of said line S. 40-30-57 E. 352.92’ to W. Clark’s corner, thence with Clark S. 43-31-52 W. 338.90’ to a pipe found, thence S. 43-18-26 W. 224.30’ to a pipe found, corner of Clark and Ketterman, thence with the latter S. 43-47-06 W. 185.93’ to a pipe found, corner of Ketterman and J. Alt, thence with the latter S. 43-27-03 W. 283.73’ to a pipe found, corner of J. Alt and E. Alt thence with the latter S. 35-30-13 W. 290.02’ to the point of beginning, containing 10.30 acres, more or less. Bearings are by the magnetic meridian of a Plat of Survey of North and South Mill Creek Site 7, approx. 7 deg., 20 min., West of True North.
TRACT NO. 5: All of the interest in and to a permanent flowage easement in and to that tract of land lying about lying 500’ Northwest of Sec. Rt. 9, near the county line in Milroy District, Grant County, WV, containing 2.33 acres, more or less, to which the Potomac Valley Soil Conservation District and the Grant County Parks and Recreation Commission, public bodies corporate, and political subdivisions of the State of West Virginia, obtained title by that certain order of condemnation dated and entered on July 15, 1992, in that certain condemnation action in the Circuit Court of Grant County, West Virginia, styled Potomac Valley Soil Conservation District and the Grant County Parks and Recreation Commission v. Mark Lambert and Mary Beth Lambert, Civil Action No. 92-C-59, and of record in the Clerk’s Office of the County Commission of Grant County, West Virginia, in Deed Book No. 178, at page 458, said real estate being described as follows:
Beginning at a point in the eleventh line of the original easement conveyed from Mark Lambert to PVSCD, thence with part of said eleventh line and continuing with the lines of said original description, N. 18-53-25 E. 162.81’, thence, N. 11-34-57 E. 203.99’, thence, N. 34-00-29 E. 214.94’, thence, N. 41-15-24 E. 175.13’, thence with part of the fifteenth line, N. 32-26-42 E. 33.18’, thence with and binding on the flood easement elevation of 1311.7’, around the edge of a recently constructed fill, S. 30-11-46 E. 62.27’, thence, S. 47-49-18 E. 125.66’, thence, S. 14-26-53 E. 14.38’, thence, S. 41-30-27 W. 231.83’, thence, S. 40-48-03 W. 219.60’, thence, S. 35-50-09 W. 173.44’, thence, S. 52-18-15 W. 96.71’, to the point of beginning, containing 2.33 acres, more or less, bearings are by the meridian of the original easement.
The aforesaid real estate is the same real estate conveyed unto Mark Lambert and Mary B. Lambert, his wife, by that certain deed of easement dated August 1, 1994, recorded October 19, 1994, and of record in the Office of the Clerk of the County Commission of Grant County, West Virginia, in Deed Book No. 138, at page 118 from the Potomac Valley Soil Conservation District and the Grant County Parks and Recreation Commission, public bodies corporate, and political subdivisions of the State of West Virginia.
Triple R Ranch, LLC obtained title to the real estate described as Tract No. 4 and Tract No. 5 above, by that certain deed dated January 26, 2007, from Mark Lambert and Mary Beth Lambert, which deed was recorded on January 26, 2007, in the Clerk’s Office of the County Commission of Pendleton County, West Virginia, and of record in said Clerk’s Office of the County Commission of Pendleton County, West Virginia, in Deed Book No. 174, at page 70, and recorded on January 30, 2007, in the Clerk’s Office of the County Commission of Grant County, West Virginia, and of record in said Clerk’s Office of the County Commission of Grant County, West Virginia, in Deed Book No. 234, at page 71.
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 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. 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: Tuesday, November 17, 2020.
APPALACHIAN TITLE SERVICES, LLC
Substitute Trustee
P. O. Box 1081
Bridgeport, WV 26330
(304) 641-7374
appalachiantitle@yahoo.
com 11-26-2c