NOTICE OF TRUSTEE’S SALE
NOTICE IS HEREBY GIVEN that, default having been made in the payment of the indebtedness secured by the deed of trust hereinafter described, and the undersigned having been required so to do by the owners and holders of said indebtedness, the undersigned Substitute Trustee {see General Lien Book No. 2256, at page 704 thereof} will offer for sale at the front door of the Wood County Courthouse, Parkersburg, West Virginia, on
FRIDAY,
SEPTEMBER 30, 2022,
at 10:00 o’clock in the
forenoon, local time,
at public auction, to the highest bidder for cash, all of the right, title and interest of THE DILS CENTER LLC in and to the real property described in a certain deed of trust dated November, to CAROL S. COTTRELL original Trustee, recorded in the Office of the Clerk of the County Commission of Wood County, West Virginia, in General Lien Book No. 1998, at page 598 thereof, possessed by the said THE DILS CENTER LLC as at the making of said deed of trust, which real estate conveyed by said maker is described therein as follows, to-wit:
All this property is in the City of Parkersburg. Wood County, West Virginia, together with the buildings thereon and the appurtenances thereunto belonging bounded and described as follows:
PARCEL NO. 1: BEGINNING on the westerly side of Market Street at a point in the line of said street 107.258 feet from the westerly corner of Market and Sixth Streets: thence with the line of Market Street and in the direction of Fifth Street 41.07 feet to the line of the lot belonging to Martha Ramsey: thence with a common line of the lot hereby conveyed, and the Ramsey lot and parallel with Sixth Street, 170.412 feet to the line of a public alley: thence with the line of said public alley and in the direction of Sixth Street, 41.07 feet to the line of a lot belonging to J.V. Rathbone; thence with a common line of the lot hereby conveyed and the Rathbone lot 170.412 feet to the place of beginning, being the property set aside in common to P.D. Rathbone, Martha Ramsey, Margaret W. Paden, Sophie R. Jackson and J .V. Rathbone in the division of the estate of their father, J.V. Rathbone, a plat of the division of which said estate is recorded in Plat Book 1, pages 1 and 2 of the records of the County Clerk’s Office of Wood County, West Virginia, to which reference is hereby made for a more complete description of said property hereby conveyed. It is covenanted between the parties to this deed that this deed is made subject to all the conditions regarding the party walls contained in the deeds and decrees dividing the estate of J.V. Rathbone.
PARCEL NO. 2: BEGINNING at a point 84.898 feet from the corner of Sixth Street, being the center of the wall between rooms Nos. 525 and 527 on said street: thence at right angles to Market Street and along the center of said wall 170.412 feet to Williams Court Alley; thence at right angles in a southerly direction with the line of said alley 22.36 feet to a point; thence at right angles 170.412 feet to the line of Market Street; thence at right angles with the line of Market Street 22.36 feet to the place of beginning. It is expressly understood and agreed between the parties hereto that this deed is made subject to that portion of an agreement heretofore made between Union Trust & Deposit Company of Parkersburg. West Virginia. Trustee, with Dils Bros & Company relating to a party wall between the property hereby conveyed and the properly at No. 527 Market Street in said city, which agreement bears date on the 30th day of June, 1923, and is duly recorded in said Clerk’s Office.
PARCEL NO. 3:
First Tract: BEGINNING at a point 64.728 feet from the corner of Sixth Street, being the center of the wall between rooms nos 527 and 529 on said street; thence at right angles to Market Street and along the center of said wall 170.412 feet to Williams Court Alley; thence at right angles in a southerly direction with the line of said alley 20.17 feet to a point; thence at right angles 170.412 feet and through the center of the wall between rooms nos. 525 and 527 on said street to the line of Market Street: thence at right angles and with the line of Market Street 20.17 feet to the place of beginning. But it is expressly understood and agreed between the parties hereto that this deed is made subject to that portion of an agreement heretofore made between Union Trust & Deposit Company of Parkersburg, Trustee, with Dils Bros. & Company relating to a party wall between the property hereby conveyed and the property at No. 525 Market Street in said City, which agreement bears date on the 30th day of June, 1923, and is duly recorded in said Clerk’s Office in Deed Book No. 191, at page 43 6, there being hereby granted to the said party of the second part by the said party of the first part, however, all of the right, title and interest of the said party of the first part in, of and to said party wall.
Third Tract: BEGINNING at a point on the easterly side of Williams Court Alley forty-two and six hundred seventy-eight thousandths (42.678) feet from the line of Sixth Street, and thence in a southerly direction with the line of Williams Court Alley twenty-two and five one hundredths (22.05) feel to the line of lol formerly held in trust for J.V. Rathone, [sic] Jr.; thence at right angles and with said J.V. Rathbone line towards Market Street eighty and four hundred twelve thousandths (80.412) feet to a point; thence at right angles and towards Sixth Street twenty-two and five one hundredths (22.05) feet to the line of a lot owned by the estate of Sophie R. Poole and the estate of J.M. Jackson, Jr., jointly; thence at right angles and with said Poole and Jackson line eighty and four hundred twelve thousandths (80.412) feet to the place of beginning.
Being part of the same real estate conveyed from SFG Capital Partners II, Ltd. a Texas limited partnership, to Charles E. Stalnaker, by Limited Warranty Deed dated December 1, 2016, and recorded in the Office of the Commission of Wood County, West Virginia in Book 1265, Page 699. A Correction Limited Warranty Deed from SFG Capital Partners II, Ltd., a Texas limited partnership, to DC Property Management. LLC, a West Virginia limited liability company, dated August 1, 2016, in Book 1266, Page 10.
Upon information and belief, the Real Property or its address is commonly known as 521-527 Market Street, Parkersburg, West Virginia.
1. Minimum acceptable bid is $150,000.00, of which the sum of $2,500.00 by Official or Cashier’s check must be delivered at the sale, with the balance due within 14 days or as the Trustee and bidder(s) may otherwise agree at sale.
2. Subject to any and all reservations, exceptions, conditions, grants of rights of way and easements made by the grantor and its predecessors in title prior to the granting of the deed of trust being foreclosed upon.
3. The undersigned reserves the right to adjourn the sale from day to day and time to time upon oral proclamation made at the time and place of sale set forth herein or at such later time and place to which the sale has theretofore been adjourned, and further reserves the right to alter the terms of sale at any such continued sale, including, but to limited to, a lower minimum bid.
4. The undersigned reserves the right to reject any and all bids.
5. Sale is subject to unpaid ad valorem taxes and special assessments, if any.
6. The premises described hereinabove, including any and all improvements thereto, are sold “AS IS-WHERE IS” with no warranty express or implied.
7. The owner and holder of the indebtedness secured by the deed of trust described hereinabove reserves the right to bid at this sale.
8. The successful buyer at the sale will be responsible for paying any and all transfer stamps, excise fees and recording costs with respect to the trustee’s deed.
9. Neither the owner and holder of the indebtedness secured by the underlying deed of trust nor the Trustee shall have any duty to cause any existing tenant or person or persons occupying the subject property to vacate said property.
10. Sale is subject to the provisions of W.Va. Code §38-1-16 regarding any existing residential tenancy at the subject premises.
11. Any personal belongings remaining in the subject premises after sale shall be deemed abandoned and may thereafter be disposed of at the successful bidder’s or bidders’ discretion. Any person or entity claiming ownership of or any interest in any such property should contact the undersigned prior to sale about any such claim.
12. The successful bidder at the sale and the Trustee shall execute a Memorandum of Sale at the conclusion of the sale, and the terms of the Memorandum shall control.
13. In the event that the successful bidder at the sale fails or refuses to consummate his, her, its or their purchase, then the Trustee shall have the option to consummate sale with the next highest bidder at the sale.
Dated at Parkersburg, West Virginia, this, the 2nd day of September, 2022.
ANDREW C. WOOFTER, III, PLLC, Substitute Trustee
By:Andrew C. Woofter, III,
its Manager
Address: 2104 Dudley Avenue
Parkersburg, West Virginia 26101
Telephone: {304} 834-1145
Facsimile: {304} 834-1147.
Sept. 16, 23