Notice is hereby given that pursuant to the authority vested in the Trustee by that certain deed of trust made by Sherri A. Dellagatta to Thomas R. Ross, II, Trustee, to secure W. L. Goddin as secured party which is dated the 15th day of August, 2013, and recorded in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Deed of Trust Book 514, at page 86, and that default having been made under aforesaid deed of trust and the undersigned Trustee having been directed to foreclose, the undersigned Trustee will sell at public auction on March 31, 2016, at 10:00 a.m., at the front door of the Randolph County Courthouse in Elkins, Randolph County, West Virginia, the following real estate:
Those two certain parcels of real estate situate in Leadsville District, Randolph County, West Virginia, bounded and described as follows:
Parcel One: “BEGINNING at a point, being the corner of the Lincoln Cunningham property, Leading Creek, and John T. Coberly property; thence in a straight line with the Lincoln Cunningham property line to an electric pole and U.S. Route 33; thence with U.S. Route 33 approximately 527 feet to an iron stake driven; thence in a straight line, parallel to the Lincoln Cunningham property line, 300 feet to Leading Creek; thence with the meanders of Leading Creek back to the point of beginning, containing 1 acre, more or less. Part of Tax Map 126, Part of Parcel 4.”
“This conveyance is made subject to the reservation for right of way for Project 117 (6) and all rights pertaining thereto as set forth in the Quitclaim Deed dated the 31st day of May 1957, recorded in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Deed Book 389 at page 258.”
“This conveyance is made subject to that reservation regarding excavating a new channel for Leading Creek and all rights pertaining thereto, as set forth in the Quitclaim Deed dated the 31st day of May 1957, recorded in the aforesaid Clerk’s Office in Deed Book 389 at page 258.”
Parcel Two: “That certain portion of the South East Area of the McCue Addition to Crystal Springs, said Addition being shown on a plat of record in the aforesaid Clerk’s Office in Deed Book 123 at page 59, and containing 0.92 acres, more or less, and as shown on a plat of said real estate of record in Deed Book 263 at page 302; and being also a part of the Eastern Area of a tract of land conveyed to Robert G. Phillips and Miriam S. Phillips, husband and wife by Thomas J. Devine and Charlotte L. Devine, husband and wife, by deed dated April 4, 1966, recorded in the aforesaid Clerk’s Office in Deed Book 243 at page 478, respectively.”
And being the same parcels of real estate conveyed to Sherri A. Dellagatta by W.L. Goddin by deed dated 8th day of August, 2013 and to be recorded in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Deed Book 561, at page 161.
The real estate will be conveyed without covenants of warranty of title or fitness and subject to any and all prior liens and encumbrances, covenants, restrictions, reservations, easements, and rights of way which are set forth in prior instruments of record in the chain of title to above described real estate, and subject to the payment of the 2016 real estate taxes without proration, and to any unpaid bills for public water and sewer services. The property will be sold in its “AS IS” condition. The Trustee will be under no duty to cause any person occupying the subject real estate to vacate the same or to cause any personal property situate thereon to be removed. The Trustee reserves the right to reject any and all bids. The secured party reserves the right to purchase the property at the sale.
Any sale hereunder may be postponed from time to time or adjourned without any notice other than an oral announcement at the time and place appointed for the sale or by posting notice.
TERMS OF SALE: Cash in hand on the day of sale.
Thomas R. Ross II,
Trustee
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