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 Peoples Bank, the owner and holder of said indebtedness, the undersigned Substitute Trustee {see General Lien Book No. 2333, at page 539 thereof} will offer for sale at the front door of the Wood County Courthouse, Parkersburg, West Virginia, on
FRIDAY, SEPTEMBER 6, 2024,
at 10:00 o’clock in the
forenoon, local time,
at public auction, to the highest bidder for cash, all of the right, title and interest of BYRON D. SWEENEY and MARION JOANN SWEENEY, husband and wife, in and to the real property described in a certain credit line deed of trust dated June 26, 2017, to PAUL J. GRAY, original Trustee, for the benefit of Peoples Bank, recorded in the Office of the Clerk of the County Commission of Wood County, West Virginia, in General Lien Book No. 1978, at page 243 thereof, possessed by the said BYRON D. SWEENEY and MARION JOANN SWEENEY as at the making of said deed of trust, which real estate conveyed by said maker is described therein as follows, to-wit:
SITUATE, lying and being in Union District, Wood County, West Virginia, described as follows:
FIRST TRACT: BEGINNING at an Iron pipe and stone (found) in line of Wilma Smith (Deed Book 608, Page 247) and being a corner of Dorothy Elizabeth Johnson (Deed Book 806, Page 24) ; thence with said Johnson; S 72-46 E. 378.30 feet passing a 1/2″ rebar (found) at 358.30 feet, and continuing to a point in the center of Delta Route 28; thence with center of said road; S 31-59 W. 152. 15 feet; thence leaving center of said road and with the interior of the original 2.41 acres; N 71-05 W 359.76 feet passing a 1″ Iron pipe (set) at 25.00 feet and continuing to a 1″ Iron pipe (set) in line of Wilma Smith; thence with said Smith; N 25-35 E. 138.00 feet to the place of beginning and containing 1.205 acres, more or less.
SECOND TRACT: BEGINNING at a 1″ Iron pipe (set) in line of Wilma Smith (Deed Book 608, Page 217); thence with the interior of the original 2.41 acres; S 71-05 E. 359.76 feet passing a 1″ Iron pipe (set) at 334.76 feet and continuing to a point in the center of Delta Route 28; thence with the center of said road; S 31-59 W. 152.15 feet to a point at the intersection of a private drive; thence leaving Delta Route 28 and with center of said private road the next three courses; N 84-31 W. 120.00 feet; N. 69-47 W. 36.20 feet; N. 49-01 W. 198.80 feet to a point in the center of said private drive; thence leaving said drive; N. 25-35 E. 101.30 feet passing a 20″ Oak stump at 14.3 feet and continuing to the place of beginning and containing 1.209 acres, more or less.
BEING the same real estate conveyed unto Marion JoAnn Miller by James A. Gorrell, Jr., by deed dated May 14, 1993, and of record in the Office of the Clerk of the County Commission of Wood County, West Virginia, in Deed Book 919, at Page 250[].
This conveyance is made subject to all rights-of-way, reservations, a[n]d protective cove[na]nts, utility easements, and oil, gas and mineral leases of record in the chain of title in the aforesaid Clerk’s Office.
Parcel no. 370-S1 [and S1A]
Property address: 30 Pineview Rd, Waverly, West Virginia 26184.
Upon information and belief, the Real Property or its address is commonly known as 30 Pineview Road, Waverly, West Virginia 26184.
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 $59,000.00. 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 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. Both Byron D. Sweeney and Marion Joann Sweeney have died and Estates of each are pending in Wood County, West Virginia.
5. The undersigned re- serves 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 to limited to, a lower minimum bid.
6. The undersigned re- serves the right to reject any and all bids.
7. 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.
8. The premises described hereinabove, including any and all improvements thereto, are sold “AS IS-WHERE IS” with no warranty express or implied.
9. The owner and holder of the indebtedness secured by the deed of trust described hereinabove reserves the right to bid at this sale.
10. 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.
11. Sale is subject to the provisions of W.Va. Code §38-1-16 regarding any existing tenancy at the subject premises.
12. Neither the owner and holder of the indebtedness secured by the underlying deed of trust nor the successor trustee shall have any duty to cause any existing tenant or person or persons occupying the subject property to vacate said property.
13. 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.
14. 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.
15. 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 7th day of August, 2024.
ANDREW C. WOOFTER, III, PLLC, Substitute Trustee
By: Andrew C. Woofter, III, its Manager 2104 Dudley Avenue
Parkersburg, West Virginia 26101
Telephone: {304} 834-1145
Facsimile: {304} 834-1147
.
Aug 23, 30