NOTICE OF TRUSTEE’S SALE
Notice is hereby given that default having occurred in the payment of that certain indebtedness secured by a deed of trust dated June 14th, 2022 between Robert P. Smith and William C. Keaton and/or W. Joseph Milleson, Jr., Trustees, recorded in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Deed of Trust Book No.690 at page 142; which deed of trust authorizes the beneficial owner to remove and appoint a Successor Trustee to act in person, or by agent, at its option, and the beneficial owner exercised such option and appointed Nelson M. Michael as its Successor Trustee to act in the enforcement of said deed of trust in person, or by agent, and the undersigned Successor Trustee having been requested in writing by the beneficial owner of said indebtedness to enforce said deed of trust, will sell at public auction to the highest bidder the following hereinafter described real estate on
FRIDAY, MARCH 28th, 2025, AT 11:00 O’CLOCK, A.M
IN FRONT OF THE HAMPSHIRE COUNTY COURTHOUSE,
19 SOUTH MAIN STREET
ROMNEY, WEST VIRGINIA 26726
All of those two certain tracts or parcels of real estate, together with all the rights, rights-of-way, easements, privileges, improvements and appurtenances belonging thereto, situate in Gore District, Hampshire County, West Virginia, and more particularly described as follows;
FIRST: Tract 1, containing 2.0 acres, more or less, as shown on the plat of survey prepared by Richard L. Moreland, Professional Surveyor, dated September 1, 2004, of record in the Office of the Clerk of the County commission of Hampshire County, West Virginia in Map Book No. 11, at Page 37.
Said real estate is depicted in the Hampshire County Land Books as District 5, Tax Map 19, Parcel 59.
Being the same real estate which was conveyed unto Michael P. Smith by deed of Janet T. Shingleton, dated May 20th, 2022 and of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Deed Book 585, page 805.
This property is subject to a certain 20 foot wide right of way crossing the real estate, as shown on the plat of record in said Clerk’s Office in Map Book No. 11, at Page 37. Said right of way is also shown on the plat of record in Deed Book No. 469, at page 105.
This property is further subject to the reservation by Janet T. Shingleton, her heirs and assigns of a 20 foot right of way over and across the subject property, to be used as a means of ingress and egress to the other adjoining properties of the said Janet T. Shingleton, her heirs and assigns.
This property is reported as being unimproved.
SECOND: Tract 2, containing 2.00 acres, more or less, lying on the northwestern side of West Virginia County Route No. 45/9 and West Virginia County Route Nos. 50/10 and 50/14, as shown on that certain Plat of Survey and described on that certain Description of Survey prepared by Richard L. Moreland, Professional Surveyor, which said Plat and Description are of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Deed Book No. 470, at pages 799 and 800.
Being the same real estate which was conveyed unto Michael P. Smith by Brian Philip Buckler and Kathy G. Buckler, his wife, dated May 20th, 2022 and of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Deed Book 586 page 512.
Said real estate is depicted on the Hampshire County land books as Tax Map 19, Parcel 62 for the Gore District.
There is further conveyed with this real estate, and said real estate is taken subject to, that certain 20 foot wide right of way as shown on the above referenced plat.
The above described parcels of real estate will be conveyed by the undersigned Substitute Trustee by deed without warranty of any kind, express or implied, and subject to all prior liens, and further subject to all unpaid real estate taxes or assessments, encumbrances and claims in favor of public service district/municipal sanitary boards, if any, and also further subject to any covenants, restrictions, conditions, reservations, rights of way and easements of record in the aforesaid Clerk’s office and affecting the subject real estate and without responsibility for or representations as to any items of personal property located thereon; and, any party claiming an interest in any item of personal property is responsible for the removal thereof prior to the day of sale.
The property will be sold in its present condition “AS IS”. The undersigned Substitute Trustee makes no warranties as to the condition of the premises. Said Substitute Trustee shall be under no duty to cause any tenant or other persons occupying the premises to vacate same.
The two lots will first be offered together and then separately, and will be sold by the undersigned in whichever manner attains the highest price.
All net proceeds of sale shall be first applied to the satisfaction of the aforesaid first lien deed of trust.
TERMS OF SALE
1. Ten percent (10%) deposit on day of sale; balance upon delivery of deed;
2. Subject to any prior deeds of trust or security agreements of record;
3. Subject to any special assessments or any liens for taxes;
4. The abovedescribed real estate will be sold by the undersigned Trustee
by auction to the highest bidder subject to the right of the undersigned
Trustee to eject all bids if, in his opinion, said bids are inadequate;
5. The owner of the indebtedness secured by the abovedescribed deed of
trust shall have the right to bid.
6. Buyer shall be responsible for payment of all recording fees and transfer
tax.
7. Real estate taxes will be pro-rated at the time of settlement
CONTINUANCE OR ADJOURNMENT OF SALE
The undersigned Trustee reserves 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 the place of sale as hereinabove set forth or at any continuance or adjournment thereof.
Any persons desiring additional information may contact the undersigned Trustee.
Dated this 21st day of February, 2025.
NELSON M. MICHAEL
SUCCESSOR TRUSTEE
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