Public Notice

NOTICE OF TRUSTEE’S SALE
NOTICE IS HEREBY GIVEN that by virtue of a deed of trust dated July 11, 2013, (the “Deed of Trust”), made by Josephine A. Wingfield to David H. Wilmoth and Harry A. Smith, III, as Trustees, of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Trust Deed Book 512, at Page 686, to secure Freedom Bank, Inc. in the payment of the sum of $110,000.00, evidenced by a negotiable promissory note bearing even date therewith, and Freedom Bank, Inc. being authorized and empowered to designate and appoint one or more substitute trustees in the place and stead of the trustee named in the Deed of Trust and the undersigned, Appalachian Title Services, LLC, a West Virginia limited liability company, having been so appointed by the terms of a Designation of Substitute Trustee of record in said Clerk’s office, and default having been made in the payment of said indebtedness and said Substitute Trustee having been requested in writing so to do by Freedom Bank, Inc., the owner and holder of said note, said Substitute Trustee, on
MONDAY, SEPTEMBER 30, 2024 AT 2:00 P.M. EASTERN TIME
will offer for sale and sell at public auction at the front door of the Randolph County Courthouse in Elkins, West Virginia, to the highest bidder therefor, all that certain tract or parcel of real estate, together with all buildings and improvements thereon and appurtenances thereunto belonging, situate in Leadsville District, Randolph County, West Virginia, said real estate being Lot 12 of the Meadowland Estate, located in Gilmore, on the northeast side of Creekside Drive, reported to have, at the time of execution of said Deed of Trust, an address of 109 Creekside Drive, Elkins, West Virginia 26241, and being more particularly bounded and described as follows:
Beginning at a 3/4 inch by 30 inch rebar driven in the northeast boundary of Creekside Drive, said point being a corner common to Lot 11; thence leaving Creekside Drive with the line of Lot 11, N 61 58 E, 120.00 feet to a 3/4 inch by 30 inch rebar driven in the line of Lot 13; thence with Lot 13 for part of a line S 28 02 E, 106.80 feet to a 3/4 inch by 30 inch rebar driven in the western line of Hillside Drive, said point also being a corner common to Lot 13; thence with the western side of Hillside Drive S 49 58 W, 98.38 feet to a 3/4 inch by 30 inch rebar driven at the beginning of a curve; thence with the curve on a radius of 26.16 feet to the right
a distance of 46.57 feet to a 3/4 inch rebar driven in the northeast boundary of Creekside Drive at the end of the curve, the chord of said curve being N 79 02 W, 40.66 feet; thence with the northeast boundary of Creekside Drive N 28 02 W, 10.00 feet to the point of beginning, containing 14,110 square feet, more or less, as surveyed by Williams D. Swecker of Elkins, WV.
“This conveyance is necessarily made subject to the restrictive covenants, rights of way and other matters set forth in the aforesaid Deed dated October 3, 1984 and of record in the said Clerk’s Office in Deed Book 364 at Page 552.”
Being the same real estate conveyed to Josephine A. Wingfield by David B. Ferguson and Susan Ferguson, f/k/a Susan Daniels, by deed dated June 26, 2013, and of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia in Deed Book 560, at Page 572.
TERMS OF SALE: Ten percent (10%) of the sales price shall be paid by cash, cashier’s check, or check guaranteed by bank letter of credit in acceptable form, in hand on the day of sale (the “Good Faith Deposit”), with the balance to be paid in cash at closing within 30 days after the date of sale. The sale of said property will be made subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real estate, and any and all unpaid taxes assessed against the Subject Property.
The Subject Property shall be sold “AS IS” and “WITH ALL FAULTS.” The Substitute Trustee shall not be liable for any representations or warranties respecting the physical condition, size or characteristics of the Subject Property. Conveyance shall be by special warranty deed, and purchaser shall pay for all transfer stamps, recording fees, and other closing costs.
The risk of loss or damage to the Subject Property shall be borne by the foreclosure purchaser from and after the bid strikedown at the time of sale. The Substitute Trustee will not deliver possession of the Subject Property to the foreclosure purchaser, who shall be solely responsible for obtaining possession of the Real Property. Further, the Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the Subject Property to vacate said property, and any personal property and/or belongings remaining at the Subject Property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY TO BE DISPOSED OF
ACCORDINGLY BY THE FORECLOSURE PURCHASER.
Any sale hereunder may be adjourned from time to time without notice other than oral proclamation at the time and place appointed for the sale. The Substitute Trustee reserves the right to reject any or all bids. The party secured by the Deed of Trust reserves the right to purchase the property at such sale.
Additional terms and conditions shall be announced at the sale.
At public sale any person or entity may bid and may purchase any real estate sold if they be the highest bidder. If the real estate is sold for an amount in excess of the outstanding balance of the mortgage, together with all interest, unpaid real estate taxes and costs, said excess must be used to satisfy any other encumbrances on said property and after all said encumbrances are satisfied together with all interest and costs, any excess then remaining must be paid to the Grantor. If the Grantor or any person holding an encumbrance cannot be found after a diligent search, the money shall be paid into the Circuit Court of the county for the benefit of the Grantor or the holder of any such encumbrance.
In the event that there are federal tax liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer.
Dated: August 29, 2024.
APPALACHIAN TITLE SERVICES, LLC
Substitute Trustee
P. O. Box 1089
Bridgeport, WV 26330
(304) 641-7374
[email protected]
09/04/2024, 09/11/2024