Hampshire

NOTICE OF TRUSTEE’S SALE

NOTICE IS HEREBY GIVEN that by virtue of a certain Deed of Trust (the “Deed of Trust”) dated June 7, 2007, made by Whitacre Farms, LLC, to Royce B. Saville, Trustee, of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Trust Deed Book No. 453, at page 171, to secure Branch Banking and Trust Company of Martinsburg, West Virginia, Trustee of the Harold E. Parsons Trust Agreement dated the 23rd day of December 2003, in the payment of the sum of $540,707.28, evidenced by a negotiable promissory note bearing even date therewith, and as modified by that certain Modification of Deed of Trust dated October 16, 2009 by and between Whitacre Farms a West Virginia Limited Liability Company and Dennis D. Parsons Trustee of the Harold E. Parsons Trust, of record in the aforesaid Clerk’s Office in Trust Deed Book 508, at page 236; and pursuant to that Order Approving Compromise and Settlement Agreement dated May 20, 2016 which is of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia in Book 537, Page 295. Pursuant to that certain Fidelity Personal Trust Company, FSB Appointment and Acceptance as Trustee dated December 20, 2010, as permitted by that certain “Order Granting Petition Under the Uniform Declaratory Judgments Act for Direction with Respect to Administration of the Harold E. Parsons Trust Agreement Dated the 23rd day of December 2003” entered on November 2, 2009, in The Circuit Court of Hampshire County, West Virginia, Fidelity Personal Trust Company, FSB was appointed as Trustee of the Harold E. Parsons Trust and being authorized and empowered to designate and appoint one or more substitute trustees in the place and stead of the trustee named in the Deed of Trust and the undersigned, Christopher R. Arthur and/or Michael J. Funk, were so appointed by the terms of a Designation of Substitute Trustee of record in said Clerk’s office, and default having been made in the payment of said indebtedness and said Substitute Trustees having been requested in writing so to do by Fidelity Personal Trust Company, FSB owner and holder of said note, said Substitute Trustees, on

MONDAY, SEPTEMBER 26, 2016 AT 11:00 A.M. EASTERN TIME

will offer for sale and sell at public auction at the Hampshire County Courthouse, 50 S. High Street, Romney, West Virginia to the highest bidder therefore, which is comprised of all of their right, title and interest, in and to being all that certain tract or parcel of real estate, together with the improvements thereon and the appurtenances thereunto belonging, containing 129.52 acres, more or less, located adjacent to and West of West Virginia Route 50/18 and two miles South of U.S. Route 50, situate in Sherman District, Hampshire County, West Virginia, being more particularly bounded and described as follows:

Beginning a set stone found, corner to Clinton Saville (Liber 88, Folio 241) and Whitacre Farms LLC other property, (Liber 456, Folio 66), thence, S. 43° 58’ 33” E. 1452.790’ to a set stone found, corner to Belmont R. Kline (Liber 400, Folio 10) in the line of said Whitacre Farms LLC, thence with said Kline, S 16° 35’ 54” W. 771.363’ to a nr 5 rebar found, thence, S 49° 00’ 59” E passing a nr 5 rebar found at 1655.916’, corner to Gerald W. McCoy (Liber 256, Folio 203) found, in all, 1855.916’, to a nr 5 rebar found, corner to Harold E. Parsons Trust (Will Book 52, Page 20) thence with said trust, S. 47° 14’ 57” W. 795.004’ to a nr 5 rebar found, thence, S. 40° 36’ 29” E. 777.494’ to a nr 5 rebar found, thence, S. 75° 17’ 14” E. 199.339’ to a nr 5 rebar found in the West Boundary of WV Rt. 50/18, thence, S. 18° 16’ 51” W. 60.069’ with said boundary to a nr 5 rebar found, corner to Belmont R. Kline et us, (Liber 220, Folio 173), thence with said B. Kline, N. 75° 15’ 42” W. 239.162’ to a nr 5 rebar found, thence, S. 28° 05’ 47” W. 219.440’ to a nr 5 rebar found, thence, S. 60° 37’ 41” E. 238500’ to a nr 5 rebar found in the boundary of said road, thence with said west boundary, S. 32° 01’ 21” W. 458.011’ to a nr 5 rebar set 10.04 West of the Road Boundary, thence across the parent tract of which this is a part, N. 49° 11’ 30” W. passing a nr 5 rebar set at 10.04’, in all 2048.729’ to a nr 5 rebar set in the line of the original and the line of Andres Salazar et us (Liber 224, Folio 419), thence with said Salazar, N. 11° 02’ 23” E. 792.166’ + to a set stone found, thence, N. 35° 18’ 20” W. 2639.180’ to a set stone found, corner to James R. Daugherty et ux (Liber 345, Folio 318), thence with said Daugherty, N. 36° 01’ 40” W. 1005.829’ to a nr 5 rebar set, corner to said C. Saville, thence with said Saville, N. 59° 41’ 51” E.  1180.501’ to the beginning containing 129.52 acres, more or less, as shown on the attached plat made a part of this official record.

Being a part of the same property conveyed to Harold E. Parsons Trust by will of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia in Will Book 52, at Folio 787.

And being a portion of the real estate originally conveyed unto Harold E. Parsons by deed of Shirley A. Parsons, dated April 9, 1998, and of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia in Deed Book 382, at Page 787, subject to the life estate of Shirley A. Parsons, which has been released by that certain Deed Release of Life Estate dated May 4, 2007, of record in the aforesaid Clerk’s Office in Deed Book 465, at page 216, and the said Harold E. Parsons having subsequently died testate on October 17, 2004, and by the provisions of his Last Will and Testament, dated August 23, 2003, probated on October 27, 2004, and of record in the aforesaid Clerk’s Office in Will Book No. 52, at Page 20, he did devise said real estate unto the Harold E. Parsons Trust dated December 23, 2003.

The 129.52 acre tract or parcel of real estate is to be merged with the Whitacre Farms, LLC, tract as listed on Sherman District, Tax Map 10, Parcel 14, and of record in the aforesaid Clerk’s Office in Deed Book No. 456, at page 606.  Any further modification of this land area shall be in compliance with the county subdivision ordinance.

The real estate herein conveyed is the same real estate that was conveyed unto the grantor herein by deed from Dennis D. Parsons and Lucretia Parsons Lee Co-Executors of the Estate of Harold E. Parsons and Branch Banking and Trust Company of Martinsburg, West Virginia, Trustee of the Harold E. Parsons Trust Agreement dated the 23rd day of December 2003 said deed being dated the 4th day of June, 2007, of record in the aforesaid Clerk’s Office.

The sale of said property will be made subject to all exceptions, encumbrances, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real estate, and any and all unpaid taxes assessed against said property.

Any sale hereunder may be adjourned from time to time without notice other than oral proclamation at the time and place appointed for the sale. The Trustees reserve the right to reject any or all bids. Conveyance shall be by special warranty deed, and purchaser shall pay for all transfer stamps, recording fees, and other closing costs.

TERMS OF SALE: Ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the sales price shall be paid by cash, cashier’s check, or check guaranteed by bank letter of credit in acceptable form, in hand on the day of sale (the “Good Faith Deposit”), with the balance to be paid in cash at closing within 30 days after the date of sale. Additional terms and conditions shall be announced at the sale.

At public sale any person or entity may bid and may purchase any real estate sold if they be the highest bidder. If the real estate is sold for an amount in excess of the outstanding balance of the mortgage, together with all interest, unpaid real estate taxes and costs, said excess must be used to satisfy any other encumbrances on said property and after all said encumbrances are satisfied together with all interest and costs, any excess then remaining must be paid to the Grantor. If the Grantor or any person holding an encumbrance cannot be found after a diligent search, the money shall be paid into the Circuit Court of the county for the benefit of the Grantor or the holder of any such encumbrance.

Dated:  August 18, 2016.

Chris R. Arthur, as Substitute Trustee
Steptoe & Johnson PLLC
P. O. Box 1588
Charleston, WV 25326
8-31-2c