NOTICE OF TRUSTEE’S SALE
Notice is hereby given that default has occurred in the payment of that certain indebtedness secured by a Credit Line Deed of Trust dated October 19, 2004, made by and between Carlos H. Diaz, a married individual, (the “Grantor”) and David H. Wilmoth and Carolyn A. Kerens, in their capacities as Trustees (the “Original Trustees”), predecessors in interest to David M. Thomas (the “Trustee” or “Substitute Trustee”), to secure indebtedness in the principal sum of $90,000.00, plus interest, fees and other applicable charges, recorded in the Office of the Clerk County Commission of Randolph County, West Virginia, in Trust Deed Book 387 at page 493 and re-recorded in said Clerk’s Office in Trust Deed Book 391 at page 507 (the “Deed of Trust”). The Substitute Trustee was appointed in the Original Trustees’ place and stead, by instrument recorded in the aforesaid Clerk’s office. The Deed of Trust authorizes the Substitute Trustee to act in the enforcement of said Deed of Trust, and the undersigned Substitute Trustee having received a request from the beneficiary of said Deed of Trust, will sell at a public auction to the highest bidder(s), the following hereinafter described real estate, together with any buildings, structures and other improvements located thereon (the “Real Estate”) on:
FRIDAY, FEBRUARY 27, 2015, AT 1:00 P.M.
AT THE FRONT DOOR OF THE RANDOLPH COUNTY COURTHOUSE
ELKINS, WEST VIRGINIA
REAL ESTATE DESCRIPTION:
That certain tract or parcel of real estate situate in Beverly District, Randolph County, West Virginia, being more particularly bounded and described as follows:
“BEGINNING at a Ω” iron pipe in an old fence line on the easterly right-of-way of U. S. Route 219 and 250, 80 feet from centerline; being a corner common to the land of Virginia D. Scott.
THENCE with part of a line of said Scott:
N 12 09’ E 114.33 feet to a 1” iron rod at the intersection of fences; being a corner common to the Parmesano land.
THENCE with part of a line of said Parmesano:
S 77 36’ E 189.42 feet to a point in old fence line. Set a 5/8” x 36” aluminum capped steel rod. A 6” locust post at the fence corner (corner common to Parmesano and Poe) bears S 77 36’ E 104.66 feet.
THENCE two lines with the land reserved by Flor S. Poe:
S 15 19’ E 163.93 feet to a point. Set a 5/8” by 36” aluminum capped steel rod.
S 69 22’ W 218.60 feet to a point on the easterly right-of-way of U.S. Route 219 and 250, 80 feet from centerline in center of driveway. Set a 5/8” by 36” aluminum capped steel rod.
THENCE, one line with the easterly right-of-way of U.S. 219 and 250:
N 16 14’ W 170.86 feet to the point of BEGINNING, containing 1.09 acres, as surveyed March 1977, by Jerry L. Shreve.
There is further conveyed a right-of-way through the lands of Flor S. Poe and Juanita G. Poe to a water line as may be necessary to provide water service to the land conveyed.”
Being the same real estate conveyed to Carlos H. Diaz, a married individual, by Victor J. Diaz, single, by deed dated February 6, 2004, of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Deed Book 495 at page 435.
This conveyance is made subject to any and all outconveyances, reservations, restrictions, rights of way, covenants, leases and licenses found in the chain of title to the described real estate.
TERMS OF SALE:
Sale of the Real Estate will be made by the Trustee by public auction to the highest bidder. The Real Estate shall be sold by the Trustee in the manner he determines, in his sole discretion, whether it be in one or several lots or parcels. The Trustee reserves the right to reject any bid that in his opinion is inadequate. The highest bidder(s) will be required to tender a deposit of ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the purchase price in cash or immediately available funds by the end of the day of sale, and the remainder of the purchase price will be due within 30 days of the sale. The Trustee reserves the right to accept or reject such other terms as to payment or delivery of payment as may be agreed to by the Trustee and the bidder(s). If the successful bidder(s) fails to deliver the deposit and/or total purchase price within the prescribed time, the Trustee may proceed to resell the Real Estate, or the applicable portion thereof, pursuant to the Deed of Trust or, at the discretion of the Trustee, convey the Real Estate to the next highest bidder if such bidder will honor said bid.
The Trustee reserves the right to and does hereby state his intention to pay any excess proceeds available and/or to credit any excess bid amount, after payment of the costs of sale and obligations secured by the Deed of Trust, to the obligations secured by that certain deed of trust dated January 7, 2005 made by and between Carlos H. Diaz, as Grantor, and Carolyn A. Kerens and David H. Wilmoth, Trustees, to secure indebtedness owed to The Citizens National Bank of Elkins, now known as Citizens Bank of West Virginia, in the principal amount of $345,446.00, plus interest, fees and other applicable charges, of record in the Office of the Clerk County Commission of Randolph County, West Virginia, in Trust Deed Book 390, at page 713.
The Trustee also reserves the right to continue the sale of all or any one or more of the lots or parcels of Real Estate from time to time by oral proclamation or by posting a notice of the same where legal notices are posted in Randolph County, West Virginia, which continuation shall be in the sole discretion of the Trustee. Should the Trustee not appear at the time appointed for the sale and there is no notice posted of a continuance, please contact the office of the Trustee to make further inquiry. Please direct any inquiries or objections to the sale to the Trustee in writing at the following address: Trustee, David M. Thomas, Esq., at Dinsmore & Shohl LLP, 215 Don Knotts Boulevard, Suite 310, Morgantown, West Virginia 26501, (304) 296-1100. Any sale may be conducted or adjourned by the designated agent or attorney of the Trustee. The Trustee reserves the right to have an auctioneer call the sale of one or more of the parcels of lots to be sold. The beneficiary under the Deed of Trust or its designee may purchase the Real Estate at the sale, in whatever manner sold, and in such case, the beneficiary shall have the right to credit against the amount of the successful bid(s) made therefore all or any of the indebtedness then due to beneficiary which may be secured by the Real Estate.
Conveyance will be made by Trustee’s Deed subject to any and all effective and enforceable exceptions, reservations, conditions, covenants, restrictions, limitations, assessments, easements, rights of way, mineral severances and other encumbrances as have been created with respect to and/or imposed upon said Real Estate by the Grantor or his predecessors in interest in title prior to the recording of the Deed of Trust in the aforesaid Clerk’s office or which may otherwise survive the foreclosure sale under applicable law. Every lot or parcel of the Real Estate, and any improvements located thereon, are sold in “AS IS” condition. The Trustee does not make any representations or warranties as to the physical condition of the Real Estate. Prospective purchasers are responsible for inspecting the title to the Real Estate prior to the Trustee’s Sale. Any and all legal procedural requirements to obtain physical possession of the Real Estate after the sale are the responsibility of the purchaser(s). The successful bidder shall give the beneficiary under the Deed of Trust reasonable access to inspect, remove and/or sell on site any personal property located on the Real Estate which said beneficiary has a security interest in for a period of thirty (30) days following the sale date. Risk of loss or damage will be the purchaser’s from and after the foreclosure sale. All outstanding taxes, assessments and utility charges will be the responsibility of the purchaser(s). All settlement fees, costs of conveyance, examination of title and recording charges shall be at the expense of the purchaser(s). Trustee makes no representations regarding the state of title to the Real Estate. Purchaser(s) shall bear the responsibility and risk of any inspection of the lots or parcels comprising the Real Estate, and shall take title to the Real Estate subject to any existing leases, land contracts, or other agreements recorded and unrecorded affecting the Real Estate. If the Trustee cannot convey title to one or more lots or parcels, purchaser’s sole remedy is the return of the purchase money paid by the purchaser(s) for the purchase of any such lots or parcels. The purchaser(s) shall be responsible for the payment of the transfer taxes imposed by Article 2 of Chapter 11 of the West Virginia Code. Sale is made subject to the right of the Internal Revenue Service to redeem the Real Estate as provided by Section 7425 of the Internal Revenue Code of 1986, as amended. Additional terms and conditions shall be announced at sale.
Given under my hand this 29th day of January, 2015.
David M. Thomas, Trustee
Dinsmore & Shohl LLP
Dinsmore & Shohl Building
215 Don Knotts Boulevard, Suite 310
Morgantown, West Virginia 26501
Telephone: (304) 296-1100
Facsimile: (304) 296-6116
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