NOTICE OF TRUSTEE’S SALE
NOTICE OF TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, Pill & Pill, PLLC, by that certain Deed of Trust dated June 12, 2009, executed by Borrower(s), Kurtis H Jones, to Brian Gertley, the Trustee of record in the office of the Clerk of the County Commission of Ohio County, West Virginia, in Book 1376, at Page 632. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 4053 Dallas Pike Road, Triadelphia, WV 26059. Pill & Pill, PLLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated September 23, 2024, of record in the Clerk’s Office in Book 1693, Page 667. The borrower(s) defaulted under the Note and Deed of Trust and the Substitute Trustees have been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustees will sell the following described property to the highest bidder at the front door of the Courthouse of Ohio County, in Wheeling, West Virginia, on the following date:
day of , 2024 at .m.
The following tract of land situated on the northerly side of Middle Wheeling Creek Public Road, West Virginia State Secondary Route No. 39, Liberty-Triadelphia (formerly Triadelphia) District, Ohio County, West Virginia and being more particularly bounded and described as follows: Beginning at a point in the northerly side of Middle Wheeling Creek Public Road, said beginning point being located, the following two (2) bearings and distances: from a post at the beginning of the Deed for the three (3) acre tract of land that was conveyed by Eleanor Robinson and Joseph W. Robinson to the Board of Education of Triadelphia District, Ohio County, West Virginia, by deed dated May 29, 1920 and recorded in the office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed Book 172, at page 257, South 49 degrees 10` West 88 and 1/10 feet to a point; thence North 54 degrees 25 West 39 and 3/10 feet to said beginning point; thence from said beginning point, and with lines of said Middle Wheeling Creek Public Road, the following four (4) bearings and distances: North 54 degrees 25` West 6 and 94/100 feet to a point; thence North 72 degrees 26` West 54 feet to a point; thence South 89 degrees 09` West 375 feet to a point; thence North 82 degrees 26` West 212 and 37/100 feet to a point; thence leaving said road and with other lands now owned by said Robert C. Hazlett, Jr. and George S. Hazlett, Trustees, the following ten (10) bearings and distances: North 17 degrees 38` West 151 and 81/100 feet to a point; thence North 23 degrees 06` East 170 and 92/100 feet to a point; thence South 88 degrees 33` 10″ East 698 and 69/100 feet to a point in the westerly side of a right of way or roadway hereinafter mentioned; thence with said right of way or roadway, the following seven (7) bearings and distances: South 7 degrees 23` West 66 and 44/100 feet to a point; thence South 6 degrees 55` 46″ West 57 and 91/100 feet to a point; thence South 4 degrees 07` 12″ West 70 and 8/100 feet to a point; thence South 11 degrees 35` 40″ West 38 and 53/100 feet to a point; thence South 15 degrees 49` 48″ West 35 and 72/100 feet to a point; thence South 20 degrees 52` 12″ West 41 and 76/100 feet to a point; thence South 46 degrees 45` 45″ West 32 and 95/100 feet to said beginning point, containing by survey made by Stegman & Schellhase, Inc. Civil Engineers and Surveyors, Five and one hundred ninety-four one thousandths (5 and 194/1000) acres, more or less, a map of which is attached hereto. THERE IS EXCEPTED FROM THE ABOVE DESCRIPTION the following parcel of land, to-wit: The following tract of land situated on the northerly side of Middle Wheeling Creek Public Road, West Virginia, State
Secondary Route No. 39, Triadelphia District, Ohio County, West Virginia, and being more particularly bounded and described as follows: Beginning at an iron pin in the northerly side of Middle Wheeling Creek Road at the southwesterly corner of the 5 and 194/1000 acre tract of land, (of which the herein described tract is a part of), that was conveyed by Robert C. Hazlett, Jr. and George S. Hazlett, Trustees of Evergreen Properties, a Revocable Trust, to James Kuhns and Judy Kuhns, his wife, by Deed dated June 29, 1973, and recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed Book 543, at page 493; thence from said beginning pin and with lands now or formerly owned by Evergreen Properties, the following three (3) bearings and distances: North 16 degrees 31` 29″ West 157 and 73/100 feet to an iron pin, (erroneously called North 17 degrees 38` West 151 and 81/100 feet in previous Deed); thence North 23 degrees 06` East 164 and 04/100 feet to an iron pin, (erroneously called 170 and 92/100 feet in previous Deed); thence South 88 degrees 33` 10″ East (passing an iron pin at 117 and 23/100 feet) 270 and 76/100 feet to an iron pin; thence with other lands remaining to the party of the first part hereto, South 07 degrees 16 09 West (passing iron pins at 34 and 76/100 feet, and at 127 and 19/100 feet, and at 240 and 77/100 feet, and at 321 feet) 325 and 04/100 feet to a point in said northerly side of Middle Wheeling Creek Road; thence with same the following two (2) bearings and distances: South 89 degrees 09 West 40 and 1/10 feet to a point; thence North 82 degrees 26 West 210 and 78/100 feet (erroneously called 212 and 37/100 feet in previous Deed), to the place of beginning, containing by survey made by Stegman & Schellhase, Inc., Civil Engineers and Surveyors, two and eight hundredths (2 and 08/100 acres, more or less. There is also granted through the subject property, an easement and right of way, by Deed dated May 20, 2009, to Kenneth William Smith and Terri L. Smith, husband and wife, from James Kuhns and Judy Kuhns, for purposes of ingress and egress to the subject property, to the aforesaid 2.08 acres, that is recorded in said Clerks office in Deed Book No. __ , at page __. There is also granted to the parties of the second part, hereto, the right to use the above-mentioned roadway, situate along the easterly side of above described 5 and 194/1000 acre tract, said right of way or roadway is to be used in common by both parties hereto, their heirs and assigns. There is excepted and reserved from the above described tract of land hereby conveyed the spring that is located as follows: Beginning at a stake located South 29 degrees 20` West (all bearings being of the same meridian as that used of the 30 and 14/100 acre tract of land ) 9 feet from the beginning point of the said three (3) acre tract of land conveyed to the Board of Education of Triadelphia District; thence 52 degrees 30` West 495 feet to the spring, together with the ground necessary to construct a reservoir at said spring and a right of way for laying pipe lines to said reservoir from said three (3) acre tract, along the line described as “North 52 degrees 30` West 495 feet”, together with the right to lay, maintain, operate, relay, repair, replace and remove said reservoir and pipe lines and the right of ingress, egress and regress to, from and over said 5 and 194/1000 acre tract of land to said reservoir and right of way. The grantors herein also quitclaim to the grantees herein, all of their rights to the spring on that part of the 30 and 14/100 acre tract retained by the grantors, as well as the spring on this subject parcel. There is also excepted and reserved from said 5 and 194/1000 acre tract of land so much of the coal underlying same, together with such mining rights and privileges that were conveyed by Eleanor Robinson and Joseph W. Robinson, her husband, to W. H. B. Bulger, by deed dated the 20th day of June, 1901 and recorded in said Clerk`s office, in Deed Book 106, at page 482. Subject, however, to a grant of a right of way to Wheeling Electric Company, by deed dated November 16, 1938 and being recorded in said Clerk`s office, in Deed Book 252, at page 482. The said 5 and 194/1000
acre tract of land being part of the 30 and 14/100 acre tract of land (Parcel One), which was conveyed by William H. Hand and Bonnie Jean Hand to Robert C. Hazlett, Jr. and George S. Hazlett, Trustees of Evergreen Properties, a Revocable Trust, by deed dated March 17, 1971 and recorded in said Clerk`s office in Deed Book 523, at page 33. This conveyance is made subject to exceptions, reservations, restrictions, covenants, conditions, easements and rights-of-way referred to or contained in this Deed, any aforementioned Deeds and/or Plats, and all prior conveyances or record.
TERMS OF SALE:
1) The property will be 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-ways, easements, covenants, conveyances and conditions of record in the Clerk’s office or affecting the subject property.
2) The Purchaser shall be responsible for the payment of the transfer taxes imposed by the West Virginia Code 11-22-1.
3) The Beneficiary and/or the Servicer of the Deed of Trust and Note reserve the right to submit a bid for the property at sale.
4) The Trustee reserves the right to continue 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 any 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 total purchase price is payable to the Trustee within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale.
Pill & Pill, PLLC,
Substitute Trustee
BY:
Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
foreclosures@
pillwvlaw.com
Int. Nov 19, 26, Dec 3, 10, 2024