NOTICE OF TRUSTEE’S SALE
Pursuant to the authority vested in the undersigned J. Patrick Jones, Substitute Trustee by Notice of Substitution of Trustee which notice is of record in the Office of the Clerk of the County of Commission of Randolph West Virginia, and by Deed of Trust executed by Janet M. Cooper and Jon C. Cooper to Richard A. Pill, Trustee, which deed of trust is of record in the Office of the Clerk of Randolph County, West Virginia, in Trust Deed Book 385 at Page 335, the undersigned Substitute Trustee has been requested, in writing, by the beneficiary of said deed of trust to sell the real estate described below, as there has been a default under the terms and conditions of said deed of trust. Therefore, the undersigned Substitute Trustee will sell the real estate described in the Deed of Trust, at a public auction on March 18, 2016 at 3:00 p.m. to the highest bidder at the front door of the Courthouse of said County of Randolph, in Elkins, West Virginia, which real estate is more completely described as follows:
All of that certain lot or parcel of real estate together with the improvements thereon and the appurtenances thereunto belonging, situate in Mingo District, Randolph County, West Virginia, and being more particularly described as follows:
BEGINNING at a point in the centerline of County Route 51/1, also known as Dry Branch Road, said point also being the southerly common corner of Lot 3 and Lot 4, Phase I, Mingo Ridge Section of Pocahontas Highlands, situate in Mingo District, Randolph County, West Virginia, as shown upon that certain plat of survey entitled, “Pocahontas Highlands, Mingo Ridge Section “Phase One (1)” Mingo District, Randolph County, West Virginia dated August 1982, as prepared by Jerry L. Shreve, L.S., of record in the Office of the County Commission of Randolph County, West Virginia, in Plat Cabinet A, Slide 100, thence with the centerline of said road S 78∂ 46’ W 10 03 feet to a point, thence N 06∂ 48’ W 30 00 feet to a rebar set, and continuing in a line parallel with the common line of Lot 3 and Lot 4 N 06∂ 48’ W 572 59 feet to a rebar set, and N 06∂ 48’ W 15 63 feet to a point in the centerline of a 30 foot dirt road, thence with the centerline of said road S 80∂ 27’ E 10 42 feet, N 88∂ 47’ E 118 77 feet, S 75∂ 26’ E 30 33 feet, and S 72∂ 36’ E 57 00 feet, thence S 10∂ 05’ E 15 04 feet to a rebar set, thence S 10∂ 05’ E 482 53 feet to a rebar set and S 10∂ 05’ E 30 00 feet to a point in the centerline of said County Route 51/1, thence with the centerline of said County Route 51/1, S 72∂ 50’ W 232 51 feet to the place of beginning and being part of Lot 3 and the easterly 10’ of Lot 4 and to be known as Lot 3A of Phase I, Mingo Ridge Section, as shown upon a map entitled, “PLAT OF SURVEY RESUBDIVISION OF LOT 3 AND LOT 4 POCAHONTAS HIGHLANDS MINGO RIDGE SECTION, PHASE 1 MINGO DISTRICT, RANDOLPH COUNTY, WEST VIRGINIA”, prepared by Robert F Thaw PS 965, dated July 29, 2003 which said map can be found of record in the aforesaid Clerk’s Office in Deed Book 491, at page 236
TERMS OF SALE
1. Cash in hand paid on the day of sale.
2. The sale of the property will be made subject to all matters having priority over the deed of trust referred to herein including but not limited to any and all assessments and taxes against said property, all prior liens, encumbrances, lease, restrictions, covenants, conditions, rights of way and easements of any nature whatsoever.
3. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code section 11-22-2.
4. The subject property will be sold in “AS IS” condition. The Substitute Trustee makes no representations and warranties of any kind or character including, but not limited to, the condition of the real estate or the title to the real estate to be conveyed.
5. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
6. The Substitute Trustee reserves the right to adjourn the sale, for a time, or from time to time, without further notice by announcement at the time and place of the sale described above.
7. The beneficiary of the Deed of Trust and holder of the note thereby secured reserves the right to submit a bid for the property at the sale, which bid may be in the form of a credit bid.
8. Such other terms as may be announced at the time of Sale.
Given under my hand this 9th day of February, 2016.
J. Patrick Jones, Substitute Trustee
304-529-8560
2/12, 2/19