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
October 27, 2022
11:00 a.m.
offer for sale certain property described in that certain deed of trust executed by STEVEN W. HERRON and ANGIE D. HELMICK to Jefferson L. Triplett, as Trustees, which deed of trust is dated February 7, 2018, and of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Trust Deed Book 564, at Page 141; and given to secure Citizens Bank of West Virginia, Inc., the payment of a note therein described. By Substitute Trustee dated September 16, 2022, and of record in the aforesaid Clerk’s Office, 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 all those certain tracts or parcels of real estate situate in New Interest District, Randolph County, West Virginia, more particularly described as follows:
FIRST: That certain lot, parcel or tract of land, situate about 2 miles northeast of the town of Kerens, on the waters of Lazy Run, in New Interest District, Randolph County, West Virginia, and more particularly bounded and described as follows:
Beginning at a point on a line of John Gainer in the line fence, Set a 5/8″ x 36″ iron rod with a cap stamped “L.L.S. – No. 6”, A double pitch pine (Corner of whole tract) bears S 61 30′ E 341.0 feet.
Thence with lines of said Gainer:
N 61 30′ W 533.4 feet to a small maple at the fence corner on top of a ridge.
S 64 30′ W 415.1 feet to a double pin oak on top of the ridge.
S 78 00′ W 214.5 feet to a stake in the S.W. Chenoweth line.
Thence with part of a line of said Chenoweth:
S 14 00′ W 437.2 feet to a large white oak by a drain corner to land of the Frazee Lumber Company.
Thence with Frazee Lumber Company:
S 70 00′ E 262.7 feet to a maple stump; being a corner to the McElwain tract (now Harsh).
Thence with lines of the McElwain tract:
N 48 00′ E 735.9 feet to an iron pipe by a white oak stump, north of a pond.
S 54 30′ E 386.7 feet to a point on a line of Harsh, Set a 5/8″ x 36″ iron rod with a cap stamped “L.L.S. – No. 6”.
Thence leaving the outside line, running through the Metz tract:
N 22 45′ E 212.6 feet to the point of beginning, containing 8.7 acres, as compiled December, 1979, by Jerry L. Shreve, and as shown on that plat attached to that deed from Metz to Harsh, dated January 8, 1980, of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Deed Book 328, at Page 526.
This conveyance is made subject to an out conveyance of 3.75 acres by virtue of a deed from Delbert Harsh, Jr. and Julia Christine Harsh, husband and wife, dated the 11th day of July, 2005, to Danny and Regina Harris, of record in the aforesaid clerk’s Office in Deed Book 504, at Page 117. Said real estate being further bounded and described as follows:
A tract or parcel of land situate 1135 feet northwest of the Clifton Run Road (WV Secondary Route 7), and 0.9 miles northeast of Kerens, WV, New Interest District, Randolph County, West Virginia, more particularly described as follows:
Beginning at a 32 inch white oak with wire fence, 23 feet south of a drain, a corner to Troy and Mary Alice Morral (deed Book 311 at page 1) and (Deed Book 418 at page 716), from which a 3/4 inch rebar found at the north edge of said drain, a corner between said Morral tracts, bears N 66* 52′ W, 676.40 feet, thence with said Morral and a found marked line
N 19* 15′ E, 432.30 Feet to a point in line of said Morral – Deed Book 418, at Page 716 and a corner to Ralph and Alice Vandevender (Deed Book 352 at page 104), from which a 10 inch white oak with wire, bears S 82* 15′ W, 24.50 feet and a 14 inch beech marked as a sideline tree, bears N 18* 30′ W, 11.50 feet, thence with said Vandevender
N 82* 21′ E, 187.90 Feet to a 26 inch pin oak, with a broken-off and grown over fork on the east side, at a wire fence bend, a corner to said Vandevender and a corner to Delver Harsh, Jr. reserved land (Part of Deed Book 328 at page 526), from which a 3/4 inch by 36 inch rebar, set bears S 42* 45′ E, 5.90 feet and a post at a wire fence corner, a corner to said Vandevender and Harsh, bears N 68* 37′ E, 475.50 feet, thence through the parent Harsh tract of Deed Book 328, at Page 526
S 42* 45′ E, 345.20 Feet to a point at the north edge of a drain, a corner in line of said Harsh parent tract of Deed Book 328, at Page 526, a corner to Delbert Harsh, Jr. (Deed Book 287 at page 112) and a corner to Danny Harris and Regina Vance (Deed Book 409 at page 654), from which a bent over 3/4 inch iron pipe, found, a corner to said Harsh tracts, replaced with a 3/4 inch by 36 inch rebar, bears N 54* 52′ E, 323.95 feet, another 3/4 inch iron pipe, found, bears S 43* 33′ E, 8.10 feet, a 3/4 inch rebar with plastic cap, found, a corner to Williams (Deed Book 496 at page 97), bears S 43* 33′ E, 522.89 feet, a found and marked 13 inch black gum bears S 10* 10′ E, 17.10 feet and a 16 inch poplar bears S 86* 50′ W, 16.55 feet, thence with said Harris and Vance for part of a line
S 54* 52′ W, at 315.06 passing 19.40 feet northwest of a 3/4 inch galvanized iron pipe in concrete, a corner to said Harris, In All 419.15 Feet to a point on the southwest bank of a drain, a maple stump called for, but not found, a corner in line of Earl and Sylvia Grimm (Deed Book 313 at page 398) and a corner to Troy and Mary Alice Morral (Deed Book 311 at page 1), set a 3/4 inch by 36 inch rebar with 2-3/4 inch diameter orange plastic cap, from which a nail set in top of the trunk of an 11 inch leaning black birch at the drain, bears N 71* 23′ E, 14.43 feet, a 14 inch black birch bears S 34* 00′ E, 5.80 feet and a 35 inch white oak corner tree, found at a wire fence corner, bears S 54* 52′ W, 944.20 feet, thence with said Morral for two lines
N 43* 10′ W, 37.58 Feet to a point at the south edge of said rain, 8.5 feet south of the center, a birch in the hollow called for, but not found, set a 3/4 inch by 36 inch rebar, from which an 8 inch red maple bears N 61* 20′ E, 5.10 feet, thence
N 80* 05′ W, 197.65 Feet to the Beginning, containing 3.75 Acres, as surveyed in May 2005, by Leon G. Mallow, Professional Surveyor No. 567, Route 1, Box 117, Montrose, WV; all bearings being “2004” magnetic taken from a survey of record in Deed Book 496, at page 97.
SECOND: A tract or parcel of real estate situate in the New Interest District, Randolph County, West Virginia, 0.8 mile northeast of Kerens, on the north side of West Virginia State Secondary Route 7, and being more particularly bounded and described as follows:
Beginning at a new iron pin 422.50 feet northwest of the northern right of way of West Virginia State Secondary Route 7 and running thence N 42-00 E 220.00 feet to a new iron pin on the old fence line; thence along the pin at the edge of the former woods; thence S 42-00 W 220.0 feet to a new iron pin at the Hammonds’ line; thence along the Hammonds’ line S 52-21 E 198.0 feet to the place of beginning, containing 1.00 acre, more or less, as surveyed by Carl R. Johnson, P.E., C.E. 3617, on September 16, 1982, and a copy of the said plat of survey is attached to that deed from Blosser to Harsh, dated December 22, 1990, of record in the aforesaid Clerk’s Office in Deed Book 411, at page 239.
THIRD: That certain tract or parcel of land situate in the New Interest District, Randolph County, West Virginia, 0.8 miles North East of Kerens, West Virginia, on the waters of Cleaver Run, on the north side of State Secondary No. 7, and being more particularly bounded and described as follows:
BEGINNING at a 3/4″ pipe N. 46* 30 W. 512′ to a 3/4″ pipe set at the edge of a run, thence N. 50* 15 E. 325′ to a 3/4″ pipe, thence in the direction of Route No. 7 462′ to a pipe set in the edge of the woods on the original property line, thence in a Southwesterly direction along the edge of the woods to the point of beginning.
“There is also included in this conveyance a 20′ wide right-of-way to Route No. 7 across the property being conveyed simultaneously by the grantors herein to James Blosser and Martha Blosser, husband and wife.”
And being the same three tracts or parcels of real estate conveyed to Steven W. Herron by Timothy D. Harsh and Susan M. Harsh by virtue of a deed dated August 25, 2006, of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Deed Book 511 at page 655.
There is further EXCEPTED and RESERVED from this conveyance a 2.16-acre tract of land conveyed by Steve W. Herron to the West Virginia Department of Transportation, Division of Highways, by virtue of a deed dated October 14, 2016, and of record in the aforesaid Clerk’s Office in Deed Book 586 at page 386, to which reference is hereby made for a more complete description of the 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 September, 2022.
Jennifer L. Morgan, Substitute Trustee
9/21, 9/28