OF REAL PROPERTY
Notice is hereby given that, by virtue of the authority vested in the undersigned Jared T. Moore, as Substitute Trustee, by Deed of Trust made and executed by Robert J. Moyers and Shirley R. Moyers to Jerry D. Moore, Trustee, dated June 30, 2003, to secure Pendleton County Bank, now Pendleton Community Bank in the amount of $485,000.00, recorded in the Office of the Clerk of the County Commission of Pendleton County, West Virginia, in Trust Deed Book 94, Page 216 (the “Deed of Trust”); and an Amended and Restated Deed of Trust from Robert J. Moyers and Shirley R. Moyers to Jerry D. Moore, Trustee, to secure Pendleton Community Bank dated December 30, 2013 and of record in Trust Deed Book 144, Page 115; and pursuant to a written Substitution of Trustee by Pendleton Community Bank appointing Jared T. Moore as Substitute Trustee, dated February 23, 2017 and of record in Trust Deed Book 153, Page 670, and default having been made in the payment of the notes secured by the Deeds of Trust , the owner and holder of said note, having elected to treat the whole principal debt secured by the Deed of Trust as immediately due and payable and having requested in writing the sale of the real estate conveyed by the Deed of Trust;
NOW, THEREFORE, the undersigned Trustee, having been required so to do by said holder, Pendleton Community Bank, will sell the real estate conveyed by the Deed of Trust at public auction to the highest bidder at:
The front door of the Courthouse of
in the City of Franklin, West Virginia,
on Friday, April 7, 2017, at 10:00 a.m.
Said real estate is more particularly described in the Deeds of Trust as follows:
FIRST: That certain tract or parcel of real estate lying and being situate on the east side of West Virginia Rt. 20 at Totten Chapel and on the waters of the Black Thorn, Sugar Grove District, Pendleton County, West Virginia, containing 85.67 acres, according to a Description of Survey and Plat of Survey attached to that certain Deed of Trust dated June 30, 2003 and of record in the Office of the Clerk of the County Commission of Pendleton County, West Virginia, in Trust Deed Book 94, Page 216. This is the same real estate that was conveyed by Quentin and Bonnie Moyers to Robert and Shirley Moyers by Deed dated November 18, 1994 and of record in the aforesaid Clerk’s Office in Deed Book 138, Page 405.
The 85.67 acre tract is subject to an off-conveyance of 2.53 acres from Robert J. Moyers and Shirley R. Moyers to Jason Moyers and Jolene Moyers by Deed dated August 16, 2003 and of record in Deed Book 164, Page 215.
The net acreage of the aforesaid tract is 83.14 acres, Tax Map 38, Parcel 14.
SECOND: BEGINNING at a stone near mile lot S. 66 E. 26-1/2 pos. to set stone in meadow thence along west side of meadow S. 16-1/2 W. 21-1/6 pos. to a set stone thence up a steep bank N. 73-1/2 W. 12 pos. to a stone on steep bank N. 69-1/2 W. 17-3/4 pos. to set stone side of ridge, thence crossing a stream N. 21 E. 23-1/2 pos. to the beginning, containing 3.60 acres, more or less.
THIRD: BEGINNING at a set stone on west of a new building (the dwelling house newly erected by parties of the 2nd part) N. 22-1/2 E. 2 pos. to a set stone thence S. 66 E. 26-1/2 pos. to a set stone in a meadow thence S. 11-1/2 W. 1 poles 17 11 to set stone former corner of 3.6 acre tract thence with said tract N. 66 E. 26-1/2 pos. to the beginning, containing 0.33 acre, more or less.
The “SECOND” and “THIRD” tracts above are the same real estate which was conveyed unto Robert Moyers and Shirley Moyers from Bonnie Moyers, widow, by Deed dated December 8, 2001 and of record in Deed Book 158, Page 249.
Said real estate is located at 1916 Hiner Mill Road, Sugar Grove, West Virginia, and is improved by a 50’ x 824’ former poultry house, 50’ x 824’ dairy barn, an older two-story residence, 50’ x 80’ litter shed, 12’ x 12’ generator shed, 14’ x 20’ garage/storage shed, 8’x 28’ compact building, 20’ x 40’ two-story barn, 24’ x 30’ equipment shed, 14’ x 30’ machine shed, 16’ x 42’ car shed, 10’ x 18’ well house, and 20’ x 60’ sawmill building.
The above described real estate will be conveyed by the undersigned Trustee by deed without warranty of any kind, express or implied, and subject to all prior liens, and further subject to all unpaid real estate taxes or assessments, encumbrances and claims in favor of public service districts/municipal sanitary boards, if any, and also further subject to any covenants, restrictions, conditions, reservations, rights of way and easements of record in the aforesaid Clerk’s Office and affecting the subject real estate, and without responsibility for or representations as to any items of personal property located thereon; and, any party claiming an interest in any item of personal property is responsible for the removal thereof prior to the date of sale.
This sale is also made subject to the rights of tenants under the Protecting Tenants at Foreclosure Act of 2009. Neither the Trustee nor the holders of said note make any representations or warranties as to the existence of any leases or other occupancy agreements affecting the subject property. Any improvements on said real estate will be sold “as is”, without warranty as to condition.
TERMS OF SALE
1. Cash in hand on day of sale or evidence of credit acceptable to the secured party.
2. Subject to any prior deeds of trust or security agreements of record;
3. Subject to any special assessments or any liens for taxes;
4. The above-described real estate will be sold by the undersigned Trustee by auction to the highest bidder subject to the right of the undersigned Trustee to reject all bids if, in his opinion, said bids are inadequate;
5. The owner of the indebtedness secured by the Deed of Trust shall have the right to bid; and
6. The sale shall be without representation or warranty of any kind, express or implied.
CONTINUANCE OR ADJOURNAMENT
The undersigned Trustee reserves the right to continue the sale or to adjourn the sale for a time or from time to time without further notice other than oral public announcement at the time and the place of sale as hereinabove set forth or at any continuance or adjournment thereof.
Any questions regarding the sale should be directed to the undersigned at:
Jared T. Moore
Attorney at Law
74 Walnut Street
P.O. Box 8
Franklin, West Virginia
Ph# (304) 358-2208
Dated this 27th day of February, 2017.
Jared T. Moore, Trustee