NOTICE OF TRUSTEE’S SALE
NOTICE OF TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, Pill & Pill, PLLC, by that certain Deed of Trust dated July 16, 2014, executed by the Borrower, Steven W. Herron, to Golden & Amos, PLLC, the Trustee, of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Book 525, at Page 578. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of Route 1 Box 10-3, Kerens, WV 26276, and, upon information and belief, is now known as 153 Hillside Dr., Kerens, WV 26276. Pill & Pill, PLLC was appointed as Substitute Trustee by an APPOINTMENT OF SUBSTITUTE TRUSTEE dated June 29, 2023, of record in the Clerk’s Office in Book 629, at Page 654. The Borrower defaulted under the Note and Deed of Trust and the Substitute Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustee will sell the following described property to the highest bidder at the front door of the Courthouse of Randolph County, in Elkins, West Virginia, on the following date:
December 19, 2023, at 10:14 a.m.
THE FOLLOWING DESCRIBED REAL PROPERTY SITUATED IN THE TOWN OF KERENS, RANDOLPH COUNTY, STATE OF WEST VIRGINIA, TO-WIT:
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 DEGREES 30 MINUTES E 341.0 FEET. THENCE WITH LINES OF SAID GAINER: N 61 DEGREES 30 MINUTES W 533.4 FEET TO A SMALL MAPLE AT THE FENCE CORNER ON TOP OF A RIDGE. S 64 DEGREES 30 MINUTES W 415.1 FEET TO A DOUBLE PIN OAK ON TOP OF THE RIDGE. S 78 DEGREES 00 MINUTES W 214.5 FEET TO A STAKE IN THE S.W. CHENOWETH LINE. THENCE WITH PART OF A LINE OF SAID CHENOWETH: S 14 DEGREES 00 MINUTES 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 DEGREES 00 MINUTES 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 DEGREES 00 MINUTES E 735.9 FEET TO AN IRON PIPE BY A WHITE OAK STUMP, NORTH OF A POND. S 54 DEGREES 30 MINUTES 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 DEGREES 45 MINUTES 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 THE OUTCONVEYANCE OF A 3.75 ACRE PARCEL OF LAND 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.
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 PARTICULARY 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 DEGREES 00 MINUTE 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 DEGREES 00 MINUTES W 220.0 FEET TO A NEW IRON PIN AT THE HAMMONDS’ LINE; THENCE ALONG THE HAMMONDS’ LINE S 52 DEGREES 21 MINUTES 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 DEGREES 30 MINUTES W. 512′ TO A 3/4″ PIPE SET AT THE EDGE OF A RUN, THENCE N. 50 DEGREES 15 MINUTES 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.”
There is further EXCEPTED and RESERVED from this conveyance a certain tract or parcel of real estate containing 2.16 acres, more or less, situate in New Interest District, Randolph County, West Virginia, which said tract or parcel of land was conveyed by Steve W. Herron unto the West Virginia Department of Transportation, Division of Highways, by Deed dated the 14th day of October, 2016, and of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Deed Book 586, at Page 386, to which reference is hereby made for a more complete description of said property.
Being a part of the same property conveyed to Steven W. Herron by the Deed dated August 25, 2006 and recorded in Deed Book 511, at Page 655, in the Office of the Clerk of the County Commission of Randolph County, West Virginia.
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 Section 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.
Pill & Pill, PLLC, Substitute Trustee
BY: Richard A. Pill, Member
Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
[email protected]
11/29, 12/5, 12/12