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
January 11, 2023
offer for sale certain property described in that certain deed of trust executed by ERNEST L. CUNNINGHAM, JR. (also referred to as Earnest L. Cunningham, Jr.) and APRIL L. CUNNINGHAM to David H. Wilmoth and Rebecca L. McClung, as Trustees, which deed of trust is dated the 31st day of January, 2014, and of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Trust Deed Book 519, at Page 670; and given to secure Mountain Valley Bank, N.A., the payment of a note therein described.
By Substitution of Trustee dated November 3, 2022, and of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Trust Deed Book 623, at Page 559, 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 9807 Seneca Trail, Mill Creek, West Virginia, 26280, and more particularly described as follows:
“All that certain parcel of land, with all improvements thereon and appurtenances thereto belonging, being the residence property of grantor, designated and known as Part Town Lot No. 1, in Block B of the Tygarts River Subdivision of the Town of Mill Creek, Randolph County, West Virginia, the map of which Addition is recorded in the Office of the Clerk of the County Court of said Randolph County in Deed Book No. 109, Page 596, and the Western larger part of Town Lot No. 1, Block B of said Addition hereby conveyed is bounded and described as follows: Beginning at the original comer of Town Lot No. 1, Block B on the East side of the former Staunton and Parkersburg Turnpike, now U.S. Highway Routes 219 and 250, at the intersection with Main street of said Town, sometimes called Railroad Avenue, and running thence in an Easterly direction, along part of the Southern line of Town Lot No. 1,126 feet to the Southwestern comer of the land parcel owned by D. C. Bell which was carved out of the Eastern Parts Town Lots Nos. 1 and 2 by deed from Lummie Morrison and her husband to D.C. Bell and T. J. Bell, dated September 9,1919 and recorded in said Clerk’s office in Deed Book No. 112, page 419; thence in a Northerly direction along part of the Western line of said Bell property for a distance of 57 feet to the common boundary line of Town Lots Nos. 1 and 2, Block B; thence in a Westerly direction along part of said common boundary line for a distance of 129 feet to the Eastern line of said Highway, common comer of Town Lots Nos. 1 and 2, Block B; thence in a Southerly direction with said Highway, along the entire Western line of Town Lot No. 1, Block B, for a distance of 57 feet to the beginning comer; and being the same real estate conveyed to grantors herein by Ruth Parrack, widow, by deed dated June 14, 1955, recorded in said Clerk’s office in Deed Book No. 200, Page 451, and in that deed there was conveyed to grantors herein “all of the right in and to a right of way across Lot No. 2 as reserved in a deed from” Ruth Parrack and her husband to James E. Shipman and Helen Shipman, husband and wife, dated August 26 , 1949, recorded in said Clerk’s office in Deed Book No. 180, Page 321, which deed conveyed the larger part of Town Lot No. 2, Block B, and such right of way conveyed to grantors herein and hereby conveyed to grantees herein is described in said deed to said Shipmans as follows: “There is reserved for the owners of Lot No. 1, adjoining the property hereby conveyed the right to build a sewer from said Lot No. 1 to the existing sewer now upon Lot No. 2, hereby conveyed, to connect onto the same, and to use it, and to go upon Lot No. 2 for purposes of repairing and maintaining the said sewer and connection, if and when built, and this reservation for the benefit of the owners of Lot No. 1 shall run with the land forever.”
And being the same real estate conveyed to Ernest L. Cunningham, Jr., and April L. Cunningham by Diane Thompson, Marilyn Kay Bell and Michelle Dawn Tedder by virtue of a deed dated January 29, 2014, and of record in the Office of the Clerk of the County Commission Randolph County, West Virginia, in Deed Book 563, at Page 649.
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 7th day of November, 2022.
Jennifer L. Morgan, Substitute Trustee
11/30, 12/7, 1/4