Wood

NOTICE OF TRUSTEE’S SALE

NOTICE OF TRUSTEE’S SALE

 

Pursuant to the authority vested in the undersigned Successor Trustee pursuant to that certain Deed of Trust bearing date of January 30, 2009, executed by Gary B. Nelson and Rebecca J. Nelson, to R. Bruce White, Trustee for WesBanco Bank, Inc., Lender therein, which said Deed of Trust is of record in the Office of the Clerk of the County Commission of Wood County, West Virginia, in General Lien Book 1534, at Page 76, and default having been made in the payment and performance of the obligations secured by said Deed of Trust, and WesBanco Bank, Inc. having removed said Trustee and appointed the undersigned Successor Trustee by Appointment of Successor Trustee dated the 30th day of March, 2017 and recorded in said Clerk’s Office in General Lien Book 1965, at Page 324, and the undersigned Successor Trustee having been requested so to do by the holder and owner of said obligations, the undersigned Successor Trustee, or his agent or attorney, will sell at public auction to the highest bidder at 2:00 o’clock P.M. on the 10th day of May, 2017, at the site of the hereinafter described real estate, having an address of 607 Hugh Street, Parkersburg, West Virginia, 26101, the real estate located, situate, of the quantity, and more particularly described as follows:

 

Lying and being situate in the City of Parkersburg, Wood County, West Virginia, and more particularly described as follows:

 

BEING all of Lot No. 11 of Ray Tavenner’s Subdivision of Dower Lot No. 6 of the Thomas J. Tavenner Estate as shown on a plat of said subdivision of record in the Office of the Clerk of the County Commission of Wood County, West Virginia, in Plat Book No. 3, at Page 72.

 

BEING the same real estate conveyed unto Gary B. Nelson and Rebecca J. Nelson, husband and wife, by Deed from Gary B. Nelson and Rebecca J. Nelson, husband and wife, dated July 30, 2003, and of record in the aforesaid Clerk’s Office in Deed Book 1056, at Page 411.

 

This conveyance is made subject to all rights of way, reservations, restrictive and protective covenants, utility easements and oil, gas and mineral leases of record in the chain of title in the aforesaid Clerk’s Office.

 

Said real estate having an address and being commonly known as 607 Hugh Street, Parkersburg, WV  26101.

 

TOGETHER with all existing or subsequently erected or affixed buildings, improvements and fixtures;  all easements, rights of way, and appurtenances;  all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights);  and all other rights, royalties, and profits relating to the real property, including without limitation any right, title and interest of Grantor in all minerals, oil, gas, geothermal and similar matters.

 

TERMS OF SALE SHALL BE AS FOLLOWS:

 

  1. Ten (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) percent of the purchase price to be paid cash in hand on day of sale, and the balance of the purchase price to be paid in full within thirty (30) days from and after the day of sale.

 

  1. The proceeds of said sale will be used for the payment of any and all costs, fees, and expenses of sale pursuant to said Deed of Trust and as otherwise authorized by the loan documentation pertaining to the obligation secured by said Deed of Trust and as authorized by law, then applied to the balance due on the obligation secured by the aforesaid Deed of Trust, and any obligations secured by liens subordinate and junior in priority to said Deed of Trust, in order of priority and in accordance with the terms thereof, and as otherwise authorized by law.

 

  1. The aforesaid real estate, and improvements and fixtures thereon, may be offered for sale in bulk, and/or by parcel, or combination of parcels, alternatively, at the discretion of the undersigned Successor Trustee, or his agent or attorney, and said real estate, improvements and fixtures are sold âas-is,ã âwhere-isã and âwith all faults.ã

 

  1. The undersigned Successor Trustee, acting in his own right or by his agent or attorney, reserves the right to reject any and all bids.

 

  1. The undersigned Successor Trustee, acting in his own right or by his agent or attorney, reserves the right to adjourn said sale from time to time by oral proclamation.

 

  1. Said sale shall be subject to the following:

 

  1. Real estate taxes and the lien therefor for the year 2016 and subsequent years, and any and all other assessments affecting said real estate.

 

  1. Any and all rights of way, easements, leases, exceptions, reservations, out conveyances, defects, encroachments, restrictive and protective covenants, and restrictions, including, but not limited to, zoning restrictions, affecting said real estate.

 

  1. Payment by the Purchaser of the excise tax on the transfer of real estate and costs of recording the Trustee’s Deed to the aforesaid real estate and Trustee’s Report of Sale.

 

  1. Any applicable requirements of Federal and State law, including, but not limited to, West Virginia Code Sections 38-1-16 and 38-1-17, and the rights of any and all bona fide tenants thereunder.

 

  1. Any and all rights of redemption of the Internal Revenue Service of the United States of America as permitted by law.

 

  1. Any and all unrecorded liens, defects and encumbrances, including, but not limited to, mechanics liens, the rights of parties in possession, errors in indexing and recording in the aforesaid Clerk’s Office and Wood County Sheriff’s Tax Office and Assessor’s Office, such matters as may be revealed by a survey and/or visual inspection of the above described real estate and improvements thereon, any defect in title due to the incompetency of any of the owners in the chain of title, whether because of age, insanity, incarceration or otherwise, any claim arising by reason of the operation of federal bankruptcy, State insolvency or similar creditorsá rights laws, and any matter not of record in said Clerkás Office, including such matters as may be revealed by inquiry extraneous to such records, including, without limitation, matters regarding the storage, dumping or contamination of said real estate with hazardous waste and substances as defined by federal and/or State legislation and regulation concerning such matters, planning, zoning and land and building use regulation and compliance, and compliance with building and fire codes, any and all matters pertaining to requirements of federal, state, county, municipal or governmental authority of any kind and nature as to the location and condition of the said real estate and/or improvements thereon, including, but not limited to, the location of said real estate in a designated flood plain area, and any and all prior reservations or conveyances of coal, oil, gas, and other minerals, together with any existing, unreleased leases of reserved or conveyed coal, oil, gas and other minerals, and the rights to remove same, together with the appurtenant drilling and mining rights, privileges, and immunities relating thereto.

 

Dated this 14th day of April, 2017.

 

Robert W. Full /s/

Successor Trustee

 

 

Apr 19, 26