NOTICE OF
TRUSTEE’S SALE
NOTICE IS HEREBY GIVEN that, default having been made in the payment of the indebtedness secured by the deed of trust hereinafter described, and the undersigned having been required so to do by Community Bank of Parkersburg, the owner and holder of said indebtedness, the undersigned Trustee will offer for sale at the front door of the Wood County Courthouse, Parkersburg, West Virginia, on
FRIDAY, AUGUST 30, 2024,
at 10:15 o’clock in the
forenoon, local time,
at public auction, to the highest bidder for cash, all of the right, title and interest of OTTIS D. DAVIS in and to the real property described in a certain deed of trust dated February 27, 2023, to RANDALL E. SNIDER and ANDREW WOOFTER (also known as Andrew C. Woofter, III), original Trustees, recorded in the Office of the Clerk of the County Commission of Wood County, West Virginia, in General Lien Book No. 2280, at page 1 thereof, possessed by the said OTTIS D. DAVIS as at the making of said deed of trust, which real estate conveyed by said maker is described therein as follows, to-wit:
All of those certain Lots, tracts or parcels of real estate situate in the City of Parkersburg, Wood County, West Virginia, more particularly bounded and described as follows:
FIRST TRACT: Situate along the revised easterly right of way line of Dudley Avenue, being part of Lot #53 of G.B. Foley Farm, plat in Deed Book 59, page 187 (rerecorded in Plat Book 6 page 45), and being a part of Parkersburg Corporation, Wood County, West Virginia, being more particularly bounded and described as follows:
Beginning at a 5/8″ diameter capped iron rebar (set) in the easterly right of way line of Dudley Avenue, being the common corner between the James W. Potts, II tract, Deed Book 1226, page 81 and the Double T Properties LLC tract, Deed Book 1258, page 241.
Thence South 64 degrees 37 minutes 54 seconds East a distance of 200.46 feet with the common line between the James W. Potts, II tract, Deed Book 1226, page 81 and the Double T Properties, LLC tract, Deed Book 1258, page 241 to a 5/8″ diameter iron rebar (found) at the northwest corner of the Steven Wayne Hinton tract, Deed Book 1325, page 708;
Thence South 26 degrees 47 minutes 23 seconds West a distance of 58.88 feet with the common line between the Double T Properties, LLC tract, Deed Book 1258, page 241 and the Steven Wayne Hinton tract, Deed Book 1325, page 108 to a ½” diameter iron pipe (found) in the northerly line of Lot #5 of the C.H. Martin’s Addition being a subdivision of G.B. Foley Farm Lot #60 and Lot #61, Plat Book 2, page 91;
Thence North 64 degrees 44 minutes 23 seconds West a distance of 44.67 feet with the northerly line of Lot #5 of C.H. Martin’s Addition being a subdivision of G.B. Foley Farm Lot #60 and Lot #61, Plat Book 2, page 91 and also being the common line between Lot #53 and Lot #61 of G.B. Foley Farm, plat in Deed Book 59, page 187 to a ½” diameter iron pipe (found) at the northeast corner of a 10 foot wide tract which was formerly an alley;
Thence North 26 degrees 59 minutes 37 seconds East a distance of 15.66 feet with a new partition line through the parent tract to a 5/8″ diameter capped iron rebar (set);
Thence North 64 degrees 49 minutes 15 seconds West a distance of 156.00 feet continuing with a new partition line through the parent tract to a mag nail (set) in the easterly right of way line of Dudley Avenue where the common line between Lot #53 and Lot#61 of G.B. Foley Farm bears South 26 degrees 59 minutes 37 seconds West a distance of 15.44 feet;
Thence North 26 degrees; 59 minutes 37 seconds East a distance of 43.82 feet with the easterly right of way line of Dudley Avenue to the place of beginning; containing 0.216 acre.
Also conveying and reserving a 10 foot wide right of way for ingress, egress, an[d] regress from 32nd Street and Dudley Avenue to and from the above described 0.216 acre tract. Said right of way is for the benefit of the 0.216 acre tract and its {sic} heirs and assigns and the grantor and his or her heirs and assigns, described as follows.
Beginning at a mag nail (set) in the northerly right of way line of 32nd Street where the intersection of the northerly right of way line of 32nd Street and the easterly right of way line of Dudley Avenue bears North 64 degrees 44 minutes 23 seconds West a distance of 146.00 feet;
Thence North 26 degrees 59 minutes 37 seconds East a distance of 91.10 feet with the westerly line of the 10 foot wide right of way to a mag nail (set) on the northerly line of Lot #4 of the C.H. Martin’s Addition, Plat Book 2, page 91;
Thence North 26 degrees 59 minutes 37 seconds East a distance of 5.64 feet to a point on the southerly line of another 10 foot wide right of way;
Thence South 64 degrees 49 minutes 15 seconds East a distance of 10.00 feet with the southerly line of another 10 foot wide right of way to a point in the westerly line of the above described 0.216 acre tract;
Thence South 26 degrees 59 minutes 37 seconds West a distance of 5.66 feet with the westerly line of the above described 0.216 acre tract to a ½” diameter iron pipe (found) a common corner to the above described 0.216 acre tract;
Thence South 26 degrees 59 minutes 37 seconds West a distance of 91.10 feet with the easterly line of the 10 foot wide right of way to a mag nail (set) in the northerly right of way line of 32nd Street;
Thence North 64 degrees 44 minutes 23 seconds West a distance of 10.00 feet with the northerly right of way line of 32nd Street to the place of beginning;
Also conveying a 10 foot wide right of way for ingress, egress, and regress from Dudley Avenue to the above described 0.216 acre tract, said right of way is for the benefit of the 0.216 acre tract and its {sic} heirs and assigns and the grantor and his heirs and assigns, described as follows.
Beginning at a mag nail (set) in the easterly right of way line of Dudley Avenue at the southwesterly corner of the above described 0.216 acre tract where the intersection of the northerl[y] right of way line of 32nd Street and the easterly right of way line of Dudley Avenue bears South 26 degrees 59 minutes 37 seconds West a distance of 106.54 feet;
Thence South 64 degrees 49 minutes 15 seconds East a distance of 156.00 feet with the southerly line of the above described 0.216 acre tract to a 5/8″ diameter capped iron rebar (set), passing a mag nail (set) at 146.00 feet;
Thence South 26 degrees 59 minutes 37 seconds West a distance of 10.00 feet with the westerly line of 0.216 acre tract to a point at the northeast corner of another 10 foot wide right of way;
Thence North 64 degrees 49 minutes 15 seconds West a distance of 156.00 feet with the northerly line of another 10 foot wide right of way and with a new line through the parent tract to a point in the easterly right of way line of Dudley Avenue;
Thence North 26 degrees 59 minutes 37 seconds East a distance of 10.00 feet with the easterly right of, way line of Dudley Avenue to the place of beginning;
Subject to all legal highways, rights of ways, reservations, protective covenants, utility easements, gas, oil, mineral leases, and all restrictions of record in the chain of title.
This description was prepared by Nelson8. Douglass P.S. #1241 and was prepared from a field survey completed on January 7, 2022, the plat dated January 7, 2022, (Project #2021 * OO77) is attached hereto, and thereby made a part of this description.
Monuments described as set are iron rebar (5/8″ diameter, 30 inches long), bearing red plastic caps inscribed “Douglass” – “PS 1241″ or ¼” mag nails.
SECOND TRACT: Being all of Lot #5 of C.H. Martin’s Addition to North Parkersburg as is laid down on the plat of said addition of record in the Office of the Clerk of the County Commission of Wood County, West Virginia, in Plat Book 2, at page 91.
Being a part of the same real estate conveyed unto Double T Properties LLC by deed dated October 15, 2016 and of record in the Office of the Clerk of the County Commission of Wood County, West Virginia, in Deed Book 1258, at page 241 and a part of the same property conveyed by deed dated October 7, 2022, and of record in Deed Book 1347, at page 676.
This conveyance is made subject to any and all exceptions, agreements, restrictions, covenants, easements and rights-of-way set forth in prior deeds of record.
Upon information and belief, the Real Property or its address is commonly known as 3206 Dudley Avenue, Parkersburg, West Virginia.
Upon the following terms to-wit:
1. Cash in hand on day of sale, or as the Trustee may otherwise agree.
2.Minimum acceptable bid is $250,000.00. The sum of $2,500.00 by Bank or Cashier’s check must be delivered at the sale to the Trustee by the successful bidder as a deposit. If the Trustee is unable to convey insurable or marketable title to purchaser for any reason, but subject to the terms of this Notice and Sale, purchaser’s sole remedy is limited to refund of this deposit. Otherwise, the deposit is not refundable.
3. Subject to the lien of that certain Deed of Trust dated January 30, 2023, and recorded in the aforesaid Clerk’s Office in General Lien Book 2273, at page 774, as well as any and all reservations, exceptions, conditions, grants of rights of way and easements made by the grantors and their predecessors in title prior to the granting of the deed of trust being foreclosed upon.
4. The undersigned reserves the right to adjourn the sale from day to day and time to time upon oral proclamation made at the time and place of sale set forth herein or at such later time and place to which the sale has theretofore been adjourned, and further reserves the right to alter the terms of sale at any such continued sale, including, but not limited to, a lower minimum bid.
5. The undersigned reserves the right to reject any and all bids.
6. Sale is subject to unpaid ad valorem taxes and special assessments, if any, as well as any sale of the subject real estate for unpaid taxes.
7. The premises described hereinabove, including any and all improvements thereto, are sold AS IS-WHERE IS with no warranty express or implied.
8. The owner and holder of the indebtedness secured by the deed of trust described hereinabove reserves the right to bid at this sale.
9. The successful buyer at the sale will be responsible for paying any and all transfer stamps, excise fees and recording costs with respect to the trustee’s deed.
10. Neither the owner and holder of the indebtedness secured by the underlying deed of trust nor the Trustee shall have any duty to cause any existing tenant or person or persons occupying the subject property to vacate said property.
11. Any personal belongings remaining in the subject premises after sale shall be deemed abandoned and may thereafter be disposed of at the successful bidder’s or bidders’ discretion. Any person or entity claiming ownership of or any interest in any such property should contact the undersigned prior to sale about any such claim.
12. The successful bidder at the sale and the Trustee shall execute a Memorandum of Sale at the conclusion of the sale, and the terms of the Memorandum shall control.
13. In the event that the successful bidder at the sale fails or refuses to consummate his, her, its or their purchase, then the Trustee shall have the option to consummate sale with the next highest bidder at the sale.
Dated at Parkersburg, West Virginia, this, the 30th day of July, 2024.
ANDREW C. WOOFTER, III, Trustee,
2104 Dudley Avenue, Parkersburg, West Virginia 26101,
Telephone: 304-834-1145
Facsimile:
304-834-1147
E-mail: [email protected]
Aug 5