Pursuant to the authority vested in the undersigned by that certain Real Estate Deed of Trust (Commercial), dated May 1, 2014, made by JIMMIE G. ROBERTS, JR., which Real Estate Deed of Trust is of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Deed of Trust Book No. 571, at page 803, the undersigned, Michael L. Scales, Trustee, having been requested to do so by the Lender, and default having been made under the terms and conditions of said Deed of Trust, and the provisions of said Deeds of Trust concerning acceleration having been complied with by the Lender and present holder of the Note, the undersigned Trustee will sell at public auction on Friday, the 6th day of November, 2015, at 9:30 o’ clock a.m. EST, at the front door of the Hampshire County Courthouse, 19 E. Main Street, Romney, WV 26757, the following described real estate:
PARCEL NO. 2 [as identified in the above Deed of Trust]
That certain tract or parcel of real estate in the Dry Trough area of Romney District, Hampshire County, West Virginia, and more particularly described and bounded as follows:
All that certain tract or parcel of real estate situate as above set forth, and being bounded on the west by real estate owned by the Feller Brothers and by real estate owned by David Harmison; on the north by real estate owned by David Harmison; on the east by real estate owned by Edna and Dailey Mayhew, and by real estate owned by David Harmison; and on the south by real estate owned by Charles Clower, containing 225 acres, but less, however, a certain tract or parcel of real estate consisting of 3-1/2 acres, conveyed by Robert F. Millar and Cora M. Millar, his wife, unto Hilda M. Smith by deed dated the 25th day of April, 1963, of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Deed Book 157, at page 467, leaving for the purpose of this description 221-1/2 acres, more or less.
SUBJECT TO all covenants, conditions, limitations, restrictions and easements existing and of record.
AND BEING the same tract or parcel of real estate that was conveyed to Jimmie G. Roberts, from Carolyn M. Lane, widow, by deed dated September 2, 2002, recorded in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Deed Book 417, at page 466. Reference is also made to Deed Book 524, at page 632.
PARCELS NO. 3 AND 4 [as identified in the above Deed of Trust]
Those certain tracts or parcels of real estate in Romney District, Hampshire County, West Virginia, and more particularly described and bounded as follows:
TRACT ONE: All that certain tract or parcel containing 4.27 acres, more or less, situate along the South Branch of the Potomac River, on the east side of same, as shown on a Plat of Survey prepared K. F. Snyder and Associates of record in the Office of the Clerk of County Commission of Hampshire County, West Virginia, in Map Book No. 5, at Page No. 83, and to which Plat reference is hereby made for any and all pertinent and proper purposes, and which parcel is shown thereon as Parcel B.
TOGETHER WITH a twenty foot wide right of way across the remaining land of or formerly of David L. Harmison from the souheasternmost corner along an existing road to WV Route 8, said right of way for ingress and egress to and from the public road.
TRACT TWO: All that certain tract or parcel of real estate containing 6.94 acres, more or less, located east of the South Branch of the Potomac River, and designated as Tract C on the aforesaid Plat prepared by K. F. Snyder and Associates, of record in Map Book No. 5, at Page No. 83. Reference is hereby made to said Plat for any and all pertinent purposes.
SUBJECT TO and TOGETHER WITH a non-exclusive twenty foot wide right of way lying along or close to the western boundary of Tract C for ingress and egress to and from the subject parcel from “The Gap” leaving River Road, across the back lands of now or formerly of David Harmison, as shown upon the plat made by K.F. Snyder and Associates dated December 6, 1989, of record in Deed Book 318, pg. 160, and as fully described in the deed from David L. Harmison to Roscoe B. Dean, et ux. of record in Deed Book 318, at page 156. Tract C is furthermore subject to a thirty foot wide right of way reserved by Jimmie G. Roberts, Sr., et ux. as provided in the deed from said Roberts to Roscoe B. Dean, et ux. dated March 16, 1990, recorded in Deed Book 318, at page 655.
TRACT THREE: All that certain tract or parcel of real estate containing 17.41 acres, more or less, situate east of the South Branch of the Potomac River, and designated as Tract B on the aforesaid Plat prepared by K. F. Snyder and Associates of record in Map Book No. 5 at Page No. 83. Reference is hereby made to said Plat for any and all pertinent purposes.
TOGETHER WITH a twenty foot wide right of way for ingress and egress over TRACT A and other lands of David Harmison as shown upon the plat recorded in Deed Book 318, at page 160, from “The Gap” leaving River Road and as further set forth in the deed from David L. Harmison to Roscoe B. Dean, dated March 16, 1990, and recorded in Deed Book 318, at page 156.
PARCELS NO. 3 AND 4 above shall be offered for sale first separately as Tract One (4/27 Acres), then Tract Two (6.94 Acres), then Tract Three (17.4 Acres); and, then collectively as all three tracts in total, and shall be sold for the highest cumulative bid as between the offers.
AND BEING the same tracts or parcels of real estate that were conveyed to Jimmie G. Roberts, from Jeannie Dean Zirk, by several deeds dated October 16, 2003, recorded in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Deed Book 427, at page 543. Reference is also made to Deed Book 524, at page 632.
TERMS OF SALE: Cash in hand on day of sale, or ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) cash on day of sale and the balance in thirty (30) days, time being of the essence.
The Trustee does not warrant title, access, acreage or fitness of the property; and the property is being sold “as is”. This is a buyer beware sale and any buyer is advised to retain counsel before the sale. Furthermore, the Trustee shall not be under any duty or obligation to oust or evict any current occupants or tenants of the subject real estate. No purchaser should take possession or make improvements to the premises until the Trustee’s deed is delivered and recorded. A third-party purchaser at sale may be required to pay the purchase price plus all recording and transfer fees. Any sale hereunder may be adjourned from time to time without any notice other than oral proclamation at the date and time appointed for this sale or by the posting of a notice of same. Should the Trustee not appear at the time appointed for the sale and there is no notice of a continuation posted, please contact the office of the Trustee below to make further inquiry. Any sale may be conducted or adjourned by the designated agent or attorney for the Trustee.
FEDERAL TAX LIENS: In the event that there are federal tax liens against the property, the United States of America has the right to redeem the property within 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer.
Should any party have any inquiries, objections to the sale, or protest regarding the sale or requests regarding the sale, please notify the Trustee below by one of the means set forth below.
MICHAEL L. SCALES, TRUSTEE
314 W. JOHN STREET
P.O. BOX 6097
MARTINSBURG, WV 25402
304-263-0000
FAX: 304-263-0739
[email protected]
WV Bar No. 3277
2x: 10/28; 11/4
10-28-2c
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