NOTICE OF TRUSTEE’S SALE
NOTICE OF TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, Pill & Pill, PLLC, by that certain Deed of Trust dated September 4, 2014, executed by Borrower(s), Kris J Bailey and Tina D Bailey, to Thomas R. Ross II, the Trustee of record in the office of the Clerk of the County Commission of Randolph County, West Virginia, in Book 526, at Page 749. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of Hc 69 Box 33 A, Mingo, WV 26294. Pill & Pill, PLLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated February 21, 2020, of record in the Clerk’s Office in Book 584, Page 784. The borrower(s) defaulted under the Note and Deed of Trust and the Substitute Trustees have been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustees will sell the following described property to the highest bidder at the front door of the Courthouse of Randolph County, in Elkins, West Virginia, on the following date:
September 16, 2021 at 9:20 a.m.
A tract of real estate situate on the Tygarts Valley River, Mingo District, Randolph County, West Virginia, more particularly bounded and described as follows: Beginning at a 1/2-inch iron pipe found in line of the Heartwood Forestland Fund (DB 454/408), corner to another tract of said Fund (DB 454/354); thence with said (DB 454/354), S 80* 25′ 07″ E, 702.12 feet to a 5/8-inch by 30-inch rebar set, corner to William Fanning (DB 416/472), from which a ½ -inch pipe found, said Fund corner, bears S 80* 25′ 07″ E at 298.71 feet; thence with said Fanning for two (2) courses, S 05* 33′ 10″ W, 108.20 feet to a 5/8-inch rebar set; thence, S 51* 51′ 49″ E, 300.00 feet to a 5/8-inch by 30-inch rebar set on the east bank of the Tygarts Valley River, corner to said Fanning and John Mitchell (DB 458/596); thence leaving said Fanning with said Mitchell for two courses along the east river bank, S 32* 51′ 07″ W, 59.12 feet to a point; thence, S 39* 54′ 06″ W, 172.29 feet to a point, thence turning toward U.S. Route 219, S 38* 56′ 37″ E, 2.98 feet to a point, corner to Dennie Sharp (DB 185/366); thence leaving said Mitchell with said Sharp and another Sharp tract (DB 215/68), up the east river bank, S 54* 34′ 12″ W, 263.81 feet to a 5/8-inch by 30-inch rebar set, corner to said Sharp (DB 215/68); thence leaving the east bank of the river, S 33* 31′ 11″ E, passing a 5/8-inch by 30-inch rebar set on the right-of-way of U.S. Route 219, corner to said Sharp, 96.10 feet in all to a point in the center of said Route 219; thence with the center of said Route 219 for four (4) courses, S 48* 12′ 31″ W, 105.99 feet to a point, thence, S 42* 47′ 25″ W, 114.15 feet to a point; thence, S 37* 00′ 35″ W, 136.53 feet to a point, thence, S 36* 12′ 24″ W, 148.82 feet to a point, thence leaving the center of said Route 219, N 51* 17′ 19″ W, passing a 5/8-inch by 30-inch rebar set at 20 feet on the right-of-way of said Route 219, corner to Janice Presley (DB 466/515), 200.00 feet, in all to a 5/8-inch by 30-inch rebar set on the east bank of said river, corner to said Presley, thence with said river bank, S 47* 10′ 48″ W, 80.00 feet to a point, corner to said Presley and Parcel 53 of Tax map 142; thence leaving said Presley with said parcel 53, S 53* 11′ 35″ W, 170.87 feet to a point, thence, N 82* 34′ 50″ W, 48.17 feet to a point in the center of said Tygarts Valley River, corner to Raymond Shrowyer (DB 387/288); thence down the center of said river, N 54* 04′ 40″ E, 184.46 feet to a point in the center of said river; thence leaving said river, N 48* 29′ 02″ W, passing a 5/8-inch by 30-inch rebar set on line at 30.75 feet, 453.73 feet, in all, to a 5/8-inch by 30-inch rebar set in line of said Heartwood Forestland Fund (DB 454/408), corner to said Shrowyer from which, a point in the center of West Virginia Secondary Route 62 bears S 20* 00′ 00″ W, at 363.00 feet; thence leaving said Shrowyer with said Fund, N 20* 00′ 00″ E, 880.17 feet to the beginning, containing 20.31 acres, more or less, as surveyed by Mountain Jewel Surveying in November, 2000, and as shown on a plat attached to the below referenced deed. And being the same real estate conveyed to Kris J. Bailey and Tina D. Bailey by Christine B. Stump by deed dated the 3rd day of September, 2014, to be presented for recordation simultaneously herewith.
There is excepted and reserved from this conveyance the conveyance to the Trustees of Mingo Lodge No. 167, Independent Order of Odd Fellows, for the use and benefit of said Lodge of a one-half undivided interest in and to a certain lot or parcel of land situated within the aforesaid twenty-seven acre boundary of land on the western side of the Huttonsville and Marlinton turn pike as the intersection of the Holly Bush Road with said turn pike, known as the H. B. Marshall store house lot, fronting twenty-four feet on said turn pike, and extending back the same width with the said Holly Bush Road fifty feet, and the upper or second story of the building on said lot, together with the stairway affording access to the said room and the right to maintain said room and stairway, as provided and stipulated in a deed dated the 29th day of June, 1917, recorded in the aforesaid Clerk’s Office in Deed Book 107, Page 529, to which deed reference is hereby made for a more particular description. The Grantor does hereby grant, convey and assign to the Grantees herein, all of her right, title and interest regarding an Agreement dated April 16, 1946, as specified in Deed Book 267, page 538, which said Agreement pertains to certain spring and water rights and more particularly described in Deed Book 221, page 237. The Grantor does further grant, convey and assign to the Grantees herein that certain right of way for water line reserved in a deed dated the 5th day of August, 1964, of record in the aforesaid Clerk’s Office in Deed Book 234, page 524, which reference is here made for a more particular description. This conveyance is made subject to any and all reservations, restrictions, exceptions, rights-of-way and easements as set forth in prior instruments of record in the chain of title to said real estate.
Being the same property conveyed to Kris J Bailey and Tina D Baileyby the Deed dated 09/04/2014 and recorded in Deed Book 567 at Page 604 in the Office of the Clerk of the County Commission of Randolph County, West Virginia.
TERMS OF SALE:
1) The property will be conveyed in an “AS IS” physical condition by Deed containing no warranty, express or implied, subject to the Internal Revenue Service right of redemption, all property taxes, prior Deeds, liens, reservations, encumbrances, restrictions, rights-of-ways, easements, covenants, conveyances and conditions of record in the Clerk’s office or affecting the subject property.
2) The Purchaser shall be responsible for the payment of the transfer taxes imposed by the West Virginia Code § 11-22-1.
3) The Beneficiary and/or the Servicer of the Deed of Trust and Note reserve the right to submit a bid for the property at sale.
4) The Trustee reserves the right to continue sale of the subject property from time to time by written or oral proclamation, which continuance shall be in the sole discretion of the Trustee.
5) The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate said property, and any personal property and/or belongings remaining at the property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY.
6) The total purchase price is payable to the Trustee within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale.
Pill & Pill, PLLC, Substitute Trustee
BY:_______________________________
Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
[email protected]
8-26, 9-2, 9-9