Randolph

NOTICE OF SALE UNDER DEED OF TRUST

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 24th day of May, 2010, made by Randy W. Teter to Thomas R. Ross, II, as Trustee, of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Trust Deed Book 470, at page 668. The borrowers defaulted under the Note and Deed of Trust and R. Mike Mullens, 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, FEBRUARY 18, 2015 at 10:30 a.m.,

The property is described as all those certain tracts or parcels of real estate containing 5.70 acres, located on Secondary Route 6, Two Lick, lying on the waters of Shavers Fork, situate in New Interest District, Randolph County, West Virginia, together with the improvements situate thereon and any and all appurtenances thereunto belonging and being more particularly bounded and described as follows:

PARCEL ONE:
Beginning at a point in the center of an existing road (proposed 20’ R-O-W), a corner to a 5.00 acre tract of land, thence with the center of said road

N 03 55 E 95.43 feet to a point in the center of the existing road, thence;

N 02 55 E 71.03 feet to a point in the center of the existing road, thence;

N 08 42 E 60.43 feet to a point in the center of the existing road, thence;

N 04 33 W 32.42 feet to a point in the center of the existing road, thence leaving the road;

N 75 38 E 497.61 feet to a point in the center of th existing road, passing a set 2” rebar at 15.00 feet and a set 2” rebar at 482.61 feet, thence;

S 31 50 E 214.12 feet to a point in the center of the existing road, thence;

N 04 48 E 118.14 feet to a point in the center of the existing road, thence;

S 15 26 E 106.49 feet to a point in the center of the existing road and in the line of the 5.00 acre tract, thence;

S 75 38 W 567.43 feet to the beginning, passing a set 2” rebar at 15.00 feet and a found 2” rebar at 552.43 feet, containing 3.00 acres, as shown by survey of William R. Malcomb, Licensed Professional Surveyor #2044, dated September 28, 2004.

PARCEL TWO:
Beginning at a point in the center of an existing road (proposed 20’ R-O-W), a corner to a 3.00 acre tract of land, thence with the center of said road;

N 04 33 W 81.71 feet to a point in the center of the road, thence;

N 08 25 W 123.58 feet to a point in the center of the road, thence;

N 01 51 W 52.58 feet to a point in the center of the road, thence;

N 03 16 E 81.15 feet to a point in the center of the road, thence;

N 13 01 E 55.58 feet to a point in the center of the road, thence;

N 25 57 E 20.54 feet to a point in the center of the road, thence;

N 66 34 E 25.95 feet to a point in the center of the road, thence;

S 78 17 E 218.99 feet to a point in the center of the road, thence;

S 55 03 E 128.86 feet to a point in the center of the road, thence;

S 63 59 E 112.66 feet to a point in the center of the road, thence;

S 56 32 E 127.05 feet to a point in the center of the road, thence;

S 51 30 E 142.92 feet to a point in the center of the road, thence;

S 31 50 E 10.10 feet to a point in the center of the road, a corner to a 3.00 acre tract of land, thence;

S 75 38 W 497.61 feet to the beginning, passing a set 2” rebar at 15.00 feet and another 2” rebar at 482.61 feet, containing 2.70 acres as shown by survey of William R. Malcomb, Licensed Professional Surveyor #2044, dated September 28, 2004

AND BEING the same real estate as conveyed unto Randy W. Teter by Benjamin Lee McWilliams and Angela Renee McWilliams by deed dated September 2, 2005 and of record in Deed Book 505, at page 204.

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, rights-of-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{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) 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 27th day of January, 2015.

R. MIKE MULLENS, Substitute Trustee
WV State Bar No. 2672
324 Randolph Avenue
Elkins, WV 26241
304-636-7797
2/4, 2/11