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 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, SEPTEMBER 27, 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 MARK A. THOMAS in and to the real property described in a certain deed of trust dated August 17, 2020, to RANDALL E. SNIDER and ANDREW WOOFTER (also known as Andrew C. Woofter, III), original Trustees, for the benefit of Community Bank of Parkersburg, recorded in the Office of the Clerk of the County Commission of Wood County, West Virginia, in General Lien Book No. 2132, at page 388 thereof, possessed by the said MARK A. THOMAS 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 that certain lot, tract or parcel of real estate situate in Harris District, Wood County, West Virginia, more particularly bounded and described as follows:
BEGINNING at a point in the edge of Beeman Road and being a corner to Cline & Grose, Deed Book No. 518, at page 669, and the northwest corner of Richard I. Wigal, Deed Book No. 516, at page 146; thence with a line of Cline & Grose N. 56* 40′ E. 298.40 feet to an iron pipe (set) 1.45 south of a fence line; thence S. 38* 38′ E. 215.92 feet to an iron pipe; thence S. 12* 14′ W. 265.00 feet to an iron pipe in the line of Chase Jefferey, Deed Book No. 655, at page 50; thence with the line of Chase Jeffery N. 52* 44′ W. 320.71 feet to a 12″ Black Locust; thence N. 46* 05′ W. 101.16 feet with Beeman Road to the place of beginning, containing 1.92 acres.
There is expressly excepted and reserved from the above described land the following enumerated tracts and minerals:
1. Oil and gas rights conveyed by J.S. Sellers and wife to G.L. Cabot, by Deed dated August 15, 1914, recorded in the aforesaid Clerk’s Office in Deed Book No. 165, at page 303.
2. This conveyance is made subject to all utilities and rights of way that may now appear of record.
Being the same real estate conveyed unto Rodney L. Fluharty and Kay M. Fluharty by deed dated September 13, 2004, and of record in the Office of the Clerk of the County Commission of Wood County, West Virginia, in Deed Book 1072, at page 571.
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 address of the subject real estate is 450 Beeman Road, Washington, West Virginia 26181.
There is present on said real estate certain 2005 Skyline Mobile Home Model FH unit of manufactured housing, serial number 2F390327T, and the undersigned, as agent of the secured party, Community Bank of Parkersburg, will offer said unit of manufactured housing for sale at public auction on the date, time and place set forth above and under the same terms and conditions.
Sale is subject to 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. A deposit 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 grantor and his predecessors in title prior to the granting of the deed of trust being foreclosed upon.
4. Mark A. Thomas died on May 15, 2024, and his Estate has not yet been settled.
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 not 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 and the unit of manufactured housing 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, which bid may include a credit bid, and is not required to pay any deposit.
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. 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.
12. 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.
13. 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.
14. 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 23rd day of August, 2024.
Andrew C. Woofter, III, PLLC, Trustee
Address:
2104 Dudley Avenue,
Parkersburg,
West Virginia 26101
Telephone: (304) 834-1145;
Facsimile: (304) 834-1147.
E-mail: [email protected]
Sept 13, 20