NOTICE OF TRUSTEE’S SALE
NOTICE OF TRUSTEE’S SALE is hereby given
pursuant to and by virtue of the authority vested in the Trustees, Richard A. Pill and David D. Pill, by that
certain Deed of Trust dated July 21, 2005, executed by the Borrowers, Mildred L. Ebbert and Delbert Dean
Ebbert, to Richard A. Pill and David D. Pill, the Trustees, of record in the Office of the Clerk of the County Commission of Wetzel County, West Virginia, in Book 316, at Page 264. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of RR 1 Box 408, New Martinsville, WV 26155, and, upon information and belief, is now known as 106 Spruce Ln., New Martinsville, WV 26155. The Borrowers defaulted under the Note and Deed of Trust and the Trustees have been instructed to foreclose under the Deed of Trust. Accordingly, the Trustees will sell the following described property to the highest bidder at the front door of the Courthouse of Wetzel County, in New Martinsville, West Virginia, on the
following date:
December 15, 2022, at 10:30 a.m.
A parcel of land situate on the waters of Point Pleasants Creek in Magnolia District, Wetzel County, West
Virginia, and more particularly described as follows:
Beginning at a Fourteen inch wild cherry tree being the northwest corner of Van Camp and in the division line of Van Camp and L. L. Gorrell, thence; with said division line, bearing S 47 25′ E 868.30 feet to a point near old alternate route 18. Thence; continuing with said old
alternate route 18, for the following four calls, S 37 W 152 feet, S 81 30′ W 181.5 feet, S 22 W 159 feet and S 24 22′ W 283.6 feet to an iron pin in a run, said iron pin being 6.63 feet perpendicular from the outside face of the west parapet wall of the concrete bridge spanning the run. Thence; northwesterly with the approximate center of said run for the following ten calls, N 53 W 62 feet, N 38 45′ W 81.3 feet, N 44 15′ W 117.5 feet, N 43 30′ W 122.5 feet, N 43 45′ W 96.8 feet, N 59 30′ W 91.6 feet, N 50 15′ W 74.7 feet, N 34 45′ W 157.5 feet, N 44 45′ W 130.7 feet and N 6 00′ E 31 feet to a stake. Thence; leaving said run with a line that bears N 42 30′ W 241.4 feet to a stake & stone, corner to Van Camp, Fox & Postlewaite, Thence; with the division line of Van Camp and Postlewaite bearing N 50 E 650 feet to the cherry tree the place of beginning containing in all 16.4 acres more or less subject to all rights of ways,
agreements, conditions and covenants of record by grantors or their predecessors.
LESS AND EXCEPTING the following described parcel conveyed to Lloyd Dean Ebbert and Jana L. Ebbert from Delbert Dean Ebbert and Mildred L. Ebbert, by Deed dated March 16, 1995, and recorded on March 28, 1995, in Deed Book 349, at Page 221, in the Office of the Clerk of the County Commission of Wetzel County, West Virginia: A parcel of land on the West side of Route 18/2 near Alternate No. 18 and Point Pleasant Creek at the Village of VanCamp approximately 4 miles from New Martinsville in Magnolia District, Wetzel
County, West Virginia, more particularly described as follows: BEGINNING on the East side of Route No. 18/2 at a 1/2″ rod set 20 feet from the pavement center line and being referenced to a car axle at the North corner of a 0.92 acre lot as shown on drawing No. 95-9102 which is made a part of this description (without the drawing this is not a complete description) and the above said 1/2″ rod is a corner to land remaining to Delbert Dean Ebbert, then with and binding on the land remaining to Delbert Dean Ebbert for six (6) lines, N 43 49′ W, 220.01 feet to a point (no marker), then N 29 18′ E, 49.94 feet (passing through the center a 1/2″ rod set at 30.00 feet) to a set 1/2″ rod, then N 75 33′ E, 43.09 feet to a set 1/2″ rod, then N 62 26′ E, 56.40 feet to a set 1/2″ rod, then N 33 33′ E, 63.63 feet to a set 1/2″ rod, then S 77 18′ E, 121.05 feet to a 1/2″ rod set on the West side of Route 18/2 and being 20 feet from the pavement center line at a corner to land remaining to Delbert Dean Ebbert, then with and binding on the West side of Route 18/2 for four (4) chords of a curve, S 18 56′ W, 86.56 feet to a 1/2″ rod set 20 feet from the
pavement center line, then S 21 50′ W, 87.04
feet to a 1/2″ rod set 20 feet from the pavement center line, then S 26 09′ W, 62.06 feet to a 1/2″ rod set 20 feet from the pavement center line, then S 31 47′ W, 55.55 feet to the beginning, containing 0.938 acre, more or less, which contains a small parcel (a 10 foot by 20 foot triangle) for a right of way reserved for Delbert Dean Ebbert.
ALSO LESS AND EXCEPTING the following described parcel conveyed to Gerald A. Shepherd and May M. Shepherd from Delbert Dean Ebbert and Mildred L.
Ebbert, by Deed dated August 18, 2006, and recorded on August 21, 2006, in Deed Book 405, at Page 499, in the Office of the Clerk of the County Commission of Wetzel County, West Virginia: The following described property, situate in Magnolia District, Wetzel County, West Virginia, that is to say: A parcel of land on a run (a branch of Point Pleasant Creek) near Routes 18/2 and 180 approximately four (4) miles from New Martinsville in Magnolia District, Wetzel County, West Virginia, more particularly described as follows: Beginning at a 5/8″ rod set at the west corner of a 0.938 acre parcel and being a corner to land remaining to Delbert Dean Ebbert, then with and binding on Delbert Dean Ebbert for two (2) lines as shown on Drawing No. 2006-10963 which is made a part of this description, S. 45 degrees 05′ W. 66.30 feet to a set 5/8″ rod, then, S. 53 degrees 56′ W. 112.52 feet (passing through the center of a 5/8″ rod set at 105.52 feet) to a point in the above said run, then with and binding on Jack E. Mason up the aforesaid run N. 44 degrees 09′ W. 124.99 feet to a point at a corner to land remaining to Delbert Dean Ebbert, then with and binding on Delbert Dean Ebbert for two (2) lines, N. 53 degrees 19′ E. 201.89 feet (passing through the center of two 5/8″ rods set at 10.00 feet and 131.89 feet) to a point, then S. 32 degrees 58′ E. 115.88 feet to the
beginning, containing 0.536 acre, more or less, as shown on a plat of a survey of said property by Henry Parsons, P.S. #98 which is attached to Deed recorded at Deed Book 405, at Page 499 for a more particular description of said property.
Being the same property, less and excepting the parcels described above, conveyed to Delbert Dean Ebbert and Mildred L. Ebbert, by Martin P. Van Camp and Dora May Van Camp, by Deed dated April 6, 1976, and recorded in the Office of the Clerk of the County
Commission of Wetzel County, West Virginia in Deed Book 284, at Page 407.
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 ยง 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.
Richard A. Pill, Trustee
David D. Pill, Trustee
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
[email protected]
WC 11/23, 11/30, 12/7
REF#15488