NOTICE OF TRUSTEE’S SALE
By virtue of the execution of a certain deed of trust
dated November 19, 2021, recorded in the Office of the Clerk of the County Commission of Tyler County, West Virginia, in Trust Deed Book 147, page 299, made and
executed by, Ottis Dwight Davis, dba A1 Rentals and Services, to Timothy R. Aiken, trustee, to secure Union Bank, Inc., a corporation, in the payment of the deed of trust obligation therein fully set forth, and by virtue of the execution of a certain deed of trust dated April 28, 2022, recorded in the Office of the Clerk of the County
Commission of Tyler County, West Virginia in Trust
Deed Book 178, at page 72, made and executed by
Ottis Dwight Davis, dba A1 Rentals and Services, to
Timothy R. Aiken, trustee, to secure Union Bank, Inc., a corporation, in the payment of the deed of trust
obligation therein fully set forth, and Logan Hassig whose principal residence is 505 Greenbriar Court, New Martinsville, Wetzel County, West Virginia, having been appointed as Successor Trustee by “Appointment of
Successor Trustee Agreements” recorded in the a
foresaid Clerk’s Office in Trust Deed Book 297, page 352, and Trust Deed Book 297, page 349, the said
Trustee having been required by the said beneficiary so to do, the undersigned Trustee will sell said property to the highest and best bidder at the front door of the courthouse in Tyler County, West Virginia, at Middlebourne,
West Virginia, on
April 10, 2024 at 11:30 o’clock a.m.
Said deed of trust property, with the appurtenances
thereunto belonging, situate in Union District, Tyler
County, West Virginia, and is more particularly
described as follows, to-wit:
TRACT ONE: Situate between the B&O Railroad and
W. Va. State Route 2 and adjacent to the Sewage
Treatment Plat (D.B. 242/627), approximately 0.1 mile
East of the Village of Friendly, Union District, Tyler
County, West Virginia, more precisely described as
follows:
Beginning at a point in the common line of W. Va.
State Route 2, South 40 54′ West 29.7 feet to an iron
rod in concrete (exist.) the common line of the run corner to Friendly Public Service District; thence with F. Public Service S. line North 40 54′ West 277.07 feet to a point in the B&O Railroad East Right of Way line, 25 feet from the common line of the main tract and 0.5 feet Northeast of the iron pipe fence post, passing a point
0.5 feet Northeast of the Southeast iron fence post at 15.7 feet and 3/4″ iron rod (exist.) by Hughes at 126.3 feet; thence with the B&O Railroad Right of Way line and four calls, North 44 23; East 151.05 feet to a point; thence North 46 56′ East 200.15 feet to a point; thence North 49 31′ East 174.34 feet to a point; thence North 53 59′ East 154.57 feet to a point in the P.D. Miller line (D.B. 131/387) reference by a 3/4″ iron rod (set) North 40 52′ West 16.95 feet; thence with the Miller line and four calls, South 40 52′ East 82.05 feet to an iron rod (exist.) on the edge of a pine grove; thence South 57 08′ West 189.45 feet to an iron rod (exist.) on the East side of old Route 2; thence South 40 51′ East 228.46 feet to an iron rod (exist.); thence South 40 51′ East 43.82 feet to a point in the common line of W. Va. State Route 2; thence with the common line of road and 2 calls, South 51 11′ West 255.13 feet to a point; thence South 50 39′ West 236.55 feet to the point of beginning, containing 4.04 acres, more or less, as surveyed by C.A. Smith on April 24, 1997, of record in the Office of the Clerk of the County Commission of Tyler County, West Virginia in Deed Book No. 320, at page 312.
There is EXCEPTED from this parcel a 30 foot right of way for access to and from the eleven lots between
Railroad and the Ohio River with calls as follows:
Beginning at a point in the common line of W. Va.
State Route 2; thence North 40 54′ West 29.7 feet to an
iron rod in concrete in the common line of the run;
thence North 40 54′ West 15.7 feet to a point in the concrete 0.5 feet of the iron fence post; thence North 40 54′ West 110.6 feet to a 3/4″ iron rod with plastic cap; thence North 40 54′ West 150.77 feet to a point in
concrete Northeast 0.5 feet, more or less from an iron post in the B&O Railroad Right of Way North 44 25′
East 30 feet to a point; thence South 40 54′ East
306.77 feet to a point in the common line of W. Va. State Route 2; thence with the common line of the road South 50 39′ West 30 feet to the beginning, containing 0.211 acres, more or less, as shown on Plat No. 1091.
Subject to mineral reservation/conveyance recorded in Deed in Deed Book 439, at page 613.
This deed is subject to any and all exceptions,
reservations, restrictions and conveyances heretofore
given, leases, reserved and excepted by the Grantor and its predecessors in title.
Taxed as Map 1, Parcel 000700006
Known as 7576 Energy Highway, Sistersville, WV
26175
TRACT TWO: All that certain lot, tract or parcel of land
lying more particularly bounded and described as follows:
A parcel of land situate along the southeast side of State Route 2, on the northern end of the Town of
Friendly, on the waters of the Ohio River, in Union
District, of Tyler County, West Virginia:
BEGINNING at a point in the center of State Route 2
in the line of a tract of Richard and Paul Miller, from which a 1/2″ steel rod, found, is N 44 degrees 16′ 31″ W 43.82 feet; thence one call with said Miller tract S 44
degrees 00′ 00″ E, a distance of 168.32 feet, passing a
5/8″ steel rod, set at 29.25 feet, to a 1 1/4″ galvanized
pipe, found; thence with four new division lines; S 43.
degrees 42′ 28″ E a distance of 71.38 feet to a 5/8″ steel rod, set; thence S 55 degrees 27′ 05″ W a distance of 249.44 feet to a 5/8″ steel rod, set; thence S 60 degrees 11′ 49″ W a distance of 362.90 feet to a 5/8″ steel rod, set; thence N 49 degrees 02′ 53″ W a distance of 122.93 feet, passing a 5/8″ steel rod, set at 100.43 feet, to a
point in the center of State Route 2; thence three calls with said Route 2; N 46 degrees 10′ 45″ E a distance of 117.53 feet; thence N 47 degrees 09″ 45″ E a distance
of 236.55 feet; thence N 47 degrees 41′ E a distance of 255.13 feet to the true point of beginning, containing
2.608 acres, more or less, as surveyed by Thomas
Summers Land Surveying on January 25, 2006, and shown upon the plat of survey designated as File No. 92-63.
Being a portion of the same property conveyed unto Roger E. Wyke and Kendra K. Wyke, his wife, by Arthur M. Standish, Trustee for the Bankruptcy Estate of John William Hammett, et al, by Deed dated the 18th day of November, 1992, and of record in the Office of the Clerk of the County Commission of Tyler County, West
Virginia, in Deed Book 297 at page 10.
The Grantors do further grant, convey and assign unto Grantees, their successors and assigns, all of their right, title and interest in and to any right of way or easement owned or possessed by Grantors by deed, grant,
assignment, prescription or otherwise, for ingress and egress to and from the property conveyed and
described herein.
This conveyance is made subject to all exceptions,
reservations, covenants, conditions, rights of way, or
other easements and other interest of other parties
appearing in prior instruments of record.
Taxed as Map 1, Parcel 7
Known as 7497 Energy Highway, Sistersville, WV
26175
TERMS OF SALE:
1. The property is being 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 way, easements, covenants, conveyances and
conditions of record in the said Clerk’s Office or affecting
the subject property.
2. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code ยง 11-22-1, the West Virginia Affordable Housing Trust Fund Fee and all other
recording costs.
3. The beneficiary and/or the servicer of the Deeds of
Trust and Notes reserve the right to submit a bid for the property at sale.
4. The Trustee reserves the right to continue the 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 an
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 purchaser shall pay a ten (10%) percent non-refundable down payment to the Trustee at the
conclusion of the Foreclosure Sale with the balance due at closing, which shall be no later than thirty (30) days after the foreclosure sale date. The balance of the
purchase price shall be paid by certified check,
cashier’s check or wired funds.
7. In addition to the sale price, the purchaser will be responsible for a ten (10%) percent “Buyer’s Premium” which shall be added to the final bid amount and due at the time of sale, payable to Joe R. Pyle Auction & Real Estate Services, LLC.
8. Purchaser shall execute a binding purchase
agreement at the conclusion of the foreclosure sale.
Logan Hassig, Trustee
PO Box 189,
233 Main Street
New Martinsville, WV 26155
Telephone: 304-455-2180
TSN 3/20 3/27
5055