Source: May 24, 2016 Read More →

NOTICE OF SALE UNDER DEED OF TRUST

NOTICE IS HEREBY GIVEN that R. Mike Mullens, Substitute Trustee under that certain deed of trust dated the 19th day of September, 2008, made by Joshua James Ebaugh to Pat A. Nichols as Trustee, of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Trust Deed Book 448, at page 171. The borrower defaulted under the Note and Deed of Trust and the Substitute Trustee has been instructed to foreclose under that certain Deed of Trust. Accordingly, the Substitute Trustee will offer for sale at public auction the following described property, to the highest bidder at the front door of the Randolph County Courthouse, on:

WEDNESDAY, MAY 25 , 2016 at 10:00 o’clock a.m.,

All that certain tract or parcel of real estate situate in Dry Fork District, Randolph County, West Virginia, being more particularly bounded and described as follows:

Beginning at an iron stake at the edge of the County Road and wire fence, being the division line between Grantors land and Jordan land; thence with the division line running S 209 feet to an iron stake in said line; thence East in a straight line for a distance of 209 feet to an iron stake; thence North in a straight line for a distance of 209 feet to an iron stake, at the edge of the County Road; thence West with the County Road for a distance of 209 feet to the place of beginning, containing 43,681 square feet.

LESS AND EXCEPTING all that certain tract or parcel of real estate containing 0.74 acres, as conveyed unto Johnny Evans by Joshua James Ebaugh by deed dated January 2, 2014 and of record in Deed Book 564, at page 7 and being more particularly bounded and described as follows:

Beginning at Corner 1, a 3/4 inch rebar with plastic cap set near a post in the split rail fence, from which a 3/4 inch rebar with plastic cap found in the southerly right of way limits of County Route 32/3, Red Creek Road, bears N 18 49 W 67.39 feet as a reference, common to Evans (DB 500/813).

Thence southeasterly common to Evans (DB 500/813), one (1) line; S 18 49 E 30.44 feet to a 3/4 inch rebar with plastic cap set near a post in the split rail fence, from which a 112 inch rebar found at a fence post bears S 18 49 E 149.30 feet a s reference.

Thence southwesterly through the original tract one (1) line; S 71 11 W 5.00 feet to a 3/4 inch rebar with plastic cap set approximately 5.0 feet west of the split rail fence.

Thence northwesterly through the original tract one (1) line: N 9 29 W 30.85 feet to Corner 1, the place of beginning, containing 76.10 square feet as surveyed by Evenwood Engineering PLLC, Bowden WV and assisted by Rocky Run Surveying, Bowden, WV in December 2013.

Leaving a residue of approximately 43,604.90 square feet, more or less.

AND BEING the same real estate as conveyed unto Joshua James Ebaugh by Donald S. Ebaugh by deed dated September 19, 2008 and of record in Deed Book 528, at page 472.

This conveyance is made subject to all existing reservations, restrictions, exceptions, conditions, easements, rights of way or other servitudes, if any, made, reserved or created in prior deeds of record in said Clerk’s office, or which would be disclosed by a visual inspection of the premises. For the stated consideration, the Grantor does further grant and convey unto the Trustee all rights of way and easements, together with all appurtenances pertaining to the aforesaid real estate, whether presently owned or hereinafter acquired, which are matters of record in said Clerk’s office or otherwise.

TERMS OF SALE:
1. The property will be conveyed in an “AS IS” condition by Deed containing no warranty, express or implied, subject to the Internal Revenue Service right of redemption, all property taxes, prior Deeds, liens, reservations, assessments, encumbrances, restrictions, rightsof-ways, easements, covenants, conveyances and conditions, of any nature whatsoever, of record in the Clerk’s office or affecting the subject property.

2. The Beneficiary and/or Servicer of the Deed of Trust and Note reserve the right to submit a bid for the property at sale.

3. The Substitute Trustee reserves the right to reject any and all bids received and continue sale of the subject property from time to time by written or oral proclamation, which continuance shall be in the sole discretion of the Substitute Trustee.

4. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate said property, and any personal property and/or belongings remaining at the property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY.

5. The total purchase price is payable to the Substitute Trustee by certified or cashiers check within fifteen (15) days of the date of sale, with ten (10%) of the total purchase price payable to the Substitute Trustee at sale by certified or cashiers check. 6. The Substitute Trustee reserves the right to reject any and all bids received and to continue said sale from time to time, upon announcement thereof given verbally on the day of sale and any continuances thereof.

Given under my hand this 3rd day of May, 2016.

R. MIKE MULLENS, Substitute Trustee
WV State Bar No. 2672
324 Randolph Avenue
Elkins, WV 26241
304-636-7797
5/18, 4/25