NOTICE OF SALE
UNDER DEED OF TRUST
Notice is hereby given that, under authority of a certain deed of trust hereinafter described, the undersigned Substitute Trustee will, at the front door of the Randolph County Courthouse, in Elkins, West Virginia, on
March 2, 2022
11:00 a.m.
offer for sale certain property described in that certain deed of trust executed by CHARLES K. SWECKER to Jefferson Triplett, as Trustee, which deed of trust is dated the 23rd day of November, 2015, and of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Trust Deed Book 541, at Page 635; and given to secure DAVIS TRUST COMPANY, the payment of a note therein described.
By Substitution of Trustee dated January 14, 2022, and of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Trust Deed Book 614, at Page 444, Jennifer L. Morgan was appointed Substitute Trustee.
The premises subject to the above-described deed of trust, which premises will be sold at the above stated public auction are that certain real property located at (address), (city), West Virginia, and more particularly described as follows:
A tract or parcel of real estate situate in Mingo District, Randolph County, West Virginia, east of State Route 15, west of Secondary Route 15/2, +/- 2.5 miles west of Valley Head, being more particularly bounded and described as follows:
“BEGINNING at a found 3/4” rebar, common corner to Welch, DB 422/185, found south +/-380 feet from the intersection of State Route 15 and Secondary Route 15/2 on the eastern boundary of State Route 15; thence
N 84* 13′ 44″ E 606.60′ leaving said State Route 15 and traveling with a line common to Welch, DB 422/185, traveling to a 5/8″ rebar set on the western boundary of Secondary Route 15/2, (gravel road); thence
S 23* 21′ 03″ E 251.10′ leaving said Welch, DB 422/185, and traveling with the western boundary of Secondary Route 15/2, (gravel road), to a point; thence
S 30* 06′ 03″ E 92.10′ traveling with the western boundary of Secondary Route 15/2, (gravel road), to a point; thence
S 37* 52′ 03″ E 198.20′ traveling with the western boundary of Secondary Route 15/2, (gravel road), to a point; thence
S 40* 24′ 03″ E 249.20′ traveling with the western boundary of Secondary Route 15/2, (gravel road), to a point; thence
S 12* 24′ 03″ E 78.40′ traveling with the western boundary of Secondary Route 15/2, (gravel road), to a point; thence
S 15* 55′ 57′ W 298.50′ traveling with the western boundary of Secondary Route 15/2, (gravel road), to a point; thence
S 07* 23′ 57″ W 138.70′ traveling with the western boundary of Secondary Route 15/2, leaving the gravel portion of said road and traveling with the western boundary of the dirt portion of said road to a point; thence
S 03* 52′ 57″ W 183.90′ traveling with the western boundary of Secondary Route 15/2, (dirt road), to a point; thence
S 37* 33′ 57″ W 198.20′ traveling with the western boundary of Secondary Route 15/2, (dirt road), to a point; thence
S 36* 50′ 57″ W 85.60′ traveling with the western boundary of Secondary Route 15/2, (dirt road), to a point; thence
S 32* 10′ 57″ W 130.80′ traveling with the western boundary of Secondary Route 15/2, (dirt road), to a point; thence
S 11* 26′ 57″ W 17.27′ traveling with the western boundary of Secondary Route 15/2, (dirt road) to a 1/2″ rebar found at a common corner to Arbogast, DB 439/120; thence
N 79* 48′ 56″ W 160.80′ leaving said Secondary Route 15/2, (dirt road), and traveling with a portion of a line common to Arbogast, DB 439/120, to a found ¾” rebar; thence
N 21* 14′ 07″ E 244.77′ leaving said Arbogast, DB 439/120, and traveling with a line common of a tract reserved by Millers to a found 34/4″ rebar; thence
S 88* 41′ 26″ W 457.93′ traveling with a line of attract reserved by Millers to a 3/4″ rebar found on the eastern boundary of State Route 15; thence
N 07* 09′ 55″ W 428.31′ traveling with the eastern boundary of State Route 15 to a point; thence
N 82* 50′ 05″ E 10.00′ traveling with the eastern boundary of State Route 15 to a point; thence
N 07* 09′ 55″ W 700.00′ traveling with the eastern boundary of State Route 15 to a point; thence
N 82* 50′ 05″ E 30.00″ traveling with the eastern boundary of State Route 15 to a point; thence
N 07* 09′ 55″ W 210.00′ traveling with the eastern boundary of State Route 15 to a point; thence
S 82* 50′ 05″ E 30.00′ traveling with the eastern boundary of State Route 15 to a point; thence
N 07* 09′ 55″ W 58.54′ traveling with the eastern boundary of State Route 15 to the beginning, containing 27.27 acres, more or less, as surveyed by Kenneth Kelly, Professional Surveyor No. 973, of Dailey, WV, in October 1996. Tax Map 123, Parcel 59.1″
LESS AND EXCEPT the following out-conveyances:
1. 1.21 acres, more or less, to James M. Jones and
Judith L. Jones by deed dated June 1, 1998, and of record in Deed Book 458, at page 788;
2. 4.4 acres, more or less, to James M. Jones and
Judith L. Jones by deed dated June 16, 2000, and of record in Deed Book 472 at page 770;
3. 9/10 acres, more or less, to Michael Arbogast and
Rose Arbogast by deed dated October 20, 2000, and of record in Deed Book 475, at page 123; and
4. 4.2 acres, more or less, to James M. Jones and
Judith L. Jones, by deed dated April 29, 2003, and of record in Deed Book 489, at page 452.
And being the residue of the real estate conveyed to Charles K. Swecker and Vera A. Swecker, husband and wife, with rights of survivorship, from Ralph R. Miller and Mary L. Miller, by virtue of a deed dated October 31, 1996, and of record in the Office of the Clerk of the County Commission Randolph County, West Virginia, in Deed Book 449, at Page 500. The said Vera A. Swecker died on April 16, 2001, and pursuant to the survivorship language in the aforesaid deed, title vested solely in Charles K. Swecker.
Charles K. Swecker died testate on April 17, 2021, and pursuant to his Last Will and Testament, dated March 13, 2002, of record in the aforesaid Clerk’s Office in Will Book 62 at page 283, he devised the above-described real estate to his children, Jennifer Lynn Lenhart and Keith Randolph Swecker.
“There is further conveyed herein a nonexclusive right to use the spring located on the Grantor’s reserved land and the right to construct, maintain, replace, remove and repair a water line from said spring to the instant property.”
“There is reserved herein an undivided one-half (1/2) interest in and to all the minerals on the instant property.”
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.
The above-described property will be sold subject to all reservations, restrictions, exceptions and conditions contained in all prior deeds conveying said real estate except those pertaining to race, color or creed, and subject to all unpaid levies and assessments including real estate taxes.
TERMS OF SALE: Cash in hand on day of sale, or ten percent (10% down), or approved line of credit with closing to occur within thirty (30) days. Purchaser accepts subject real estate “AS IS”.
The undersigned Substitute Trustee reserves the right to reject any and all bids received, and to continue said sale from time to time, upon announcement thereof given verbally on day of sale and any continuance thereof.
Dated this 19th day of January, 2022.
Jennifer L. Morgan, Substitute Trustee
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