NOTICE OF
TRUSTEE’S SALE
OF REAL PROPERTY
Notice is hereby given that, by virtue of the authority vested in the undersigned Jerry D. Moore and Jared T. Moore, as Trustees, by Deed of Trust made and executed by Richard P. Phares to Jerry D. Moore and Jared T. Moore, Trustees, dated April 8, 2017, to secure Pendleton Community Bank in the amount of $28,500.00, recorded in the Office of the Clerk of the County Commission of Pendleton County, West Virginia, in Trust Deed Book 154, Page 379 (the “Deed of Trust”); and default having been made in the payment of the note secured by the Deed 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
Pendleton County, West Virginia,
in the City of Franklin, West Virginia,
on Friday, February 2, 2018, at 10:00 a.m.
Said real estate is more particularly described in the Deed of Trust as follows:
The following tracts or parcels of real estate, together with the buildings and improvements thereon located, situate on Timber Ridge, in Circleville District, Pendleton County, West Virginia, and being more particularly described as follows:
FIRST: That certain tract or parcel of real estate containing 2 acres, and being the remainder of a 3 acre tract conveyed by Maysell M. Thompson, et al. to Donald K. Lantz and Dorothy J. Lantz, by Deed dated June 12, 1994, and of record in the Office of the Clerk of the County Commission of Pendleton County, West Virginia in Deed Book 94, Page 343, the 3 acre tract is described as follows:
BEGINNING at a point in the middle of the road, a point in Richard Hinkle’s line; thence with line of the same N. 57-1/2 W. 530 feet to an iron peg; thence leaving said line, N. 42 E 268 feet to an iron peg on the East side of Spruce Mountain Road; thence leaving said road, S. 62 E. 378 feet to an iron peg; thence S. 13 W. 336 feet to the place of beginning, containing 3 acres, more or less.
The aforesaid 3 acre tract is subject to an off conveyance of 1 acre from Donald K. Lantz and Dorothy J. Lantz to Donald W. Lantz by Deed dated August 5, 1985, and of record in Deed Book 113, Page 629, and being more particularly described as follows:
BEGINNING at an iron peg, at the northwest corner of the 3 acre Donald Lantz tract; thence N. 42° E. 268 feet to an iron peg on the east side of Spruce Mountain Road; thence, leaving said road, S. 62° E. 163 feet to an iron peg; thence S. 42° W. 268 feet to a point in the middle of the road, a point in the Richard Hinkle and the Donald Lantz lines; thence with line of same, N. 57½° W. 163 feet to the beginning, containing 1 acre, more or less.
SECOND: That certain tract containing 1.90 acres as described on a Description of Survey and Plat of Survey attached hereto and also attached to that certain Deed from June R. Smith and Alvin Smith to Donald K. Lantz and Dorthy J. Lantz by Deed dated June 22, 1995, and of record in Deed Book 140, Page 159.
The First and Second Tracts are the same tracts conveyed from Donald K. Lantz and Dorothy J. Lantz to Richard Paul Phares by Deed dated March 17, 1998, and of record in the Office of the Clerk of the County Commission of Pendleton County, West Virginia, in Deed Book 147, Page 268.
Said real estate is located at 67 Simoda Road, Circleville District, Pendleton County, West Virginia, and is improved by a three bedroom, one bath, brick ranch dwelling house with 1,508 sq. feet of living space above grade and 1,073 sq. feet of unfinished basement.
The above described real estate will be conveyed by the undersigned Trustees by special warranty deed, 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.
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 OF SALE
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:
Jerry D. Moore and
Jared T. Moore
The Moore Law Firm,
PLLC
74 Walnut Street
P.O. Box 8
Franklin,
West Virginia 26807
Ph# (304) 358-2208
Dated this 8th day of January, 2018.
Jerry D. Moore, Trustee
Jared T. Moore, Trustee
1-11-2c