NOTICE OF TRUSTEE SALE OF
VALUABLE REAL ESTATE
Pursuant to the authority vested in the undersigned by deed of trust dated the 14th day of November 2022 signed by Ruthellen L. Prah to James C. Gardill, Trustee, which said deed of trust is of record 697, and Robert K. Tebay, III, LC, having been appointed as Substitute Trustee under Trust Deed Book 115 at page 329, and having been requested so to do by the Secured Creditor, and default having been made under the terms and conditions of said deed of trust, and the provisions in said deed of trust concerning acceleration having been complied with by the Secured Creditor and present holder of the note, said Trustee will sell at public auction at 10:00 a.m., on
April 17, 2025
at the front doors of the Courthouse in Wirt County in Elizabeth, West Virginia the following described real estate Situate in the District of Newark, Wirt County, West Virginia:
BEGINNING at a point in the center of the creek, 10 feet from a 10″ Black Walnut, in the line of Chambers; thence with said road, North 51 deg. 05′ W. a distance of 137.37 feet to appoint in the center of a private road; thence with said road, N. 33 deg. 50′ E. a distance of 81.45 feet to a point; thence N. 30 deg. 14′ E. a distance of 148.32 feet to a point; thence leaving said road, S. 51 deg. 05′ E. passing a 5/8″ rebar set at 7.54 feet, and at 218.51 feet, a total distance of 239.74 feet to a point in said creek; thence with said creek, S. 37 deg. 07′ W. a distance of 33.92 feet to a point; thence S. 61 deg. 13′ W. a distance of 125.80 feet to a point; thence S. 57 deg. 33′ W. a distance of 81.73 feet to the place of beginning, Containing 1.00 acres, more or less.
BEING the same real estate conveyed to Ruthellen L. Prah, by deed dated October 17, 2022, of record in the Office of the Clerk of the County Commission of Wirt County, West Virginia in Deed Book 268 at page 386.
This conveyance is made subject to all easements, rights of way, restrictions, reservations and protective covenants, including but not limited to all oil, gas and mineral exceptions, reservations and leases, appearing in the chain of title.
The above referenced Deed of Trust is second in priority to that certain Deed of Trust dated October 17, 2022 of record in Trust and Mortgage Book 112 at page 389.
The above described real estate is reported to have a mailing address of:
133 Tippens Lane, Elizabeth WV 26143
TERMS OF SALE:
1. Cash in hand on day of sale or within 30 days of date of sale upon terms to be agreed upon between Trustee and successful bidder, time being of the essence; payment for unpaid real estate taxes to be assumed by the purchaser. The Trustee does not warrant title or fitness to this property; it is being purchased as is; this is a buyer beware sale and any buyer is advised to retain counsel before the sale. If there is any part of the process of sale which is found to be objectionable, the Trustee reserves the right to cancel sale. No purchaser should take possession or make improvements in the premises until the Trustee deed is delivered or recorded. A third party purchaser at sale will be required to pay the purchase price plus all recording and transfer fees.
2. FEDERAL TAX LIEN: 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.
3. The party(ies) secured by the Deed of Trust reserve the right to purchase the property at such sale. If the purchaser at sale is unable to complete the terms of purchase within 30 days, the Trustee reserves the right to transfer the property to the next highest bidder, or to reject any and all bids.
4. Any sale hereunder may be adjourned from time to time without any notice other than oral proclamations at the time and place appointed for this sale or by posting of a notice of same. Should the Trustee not appear at the time appointed for the sale and there is no notice posted of a continuance please contact the office of the Trustee to make further inquiry. Any sale may be conducted or adjourned by the designated agent or attorney of the Trustee. In the event of any defect in notices for this sale, be discovered prior to the delivery of the Trustee’s Deed, the Trustee may cause the re-advertisement and sale. The undersigned is fully vested with the authority to sell said property as Trustee by instrument of record.
5. The lender and the Trustee reserve the right to engage the services of a professional auctioneer to assist in the marketing of this sale. In such instances, a Buyer’s premium may be charged to the successful bidder.
6. The sale is subject to unpaid ad valorem taxes and assessments, if any, whether billed or not, including those redeemable from the WV Auditor.
7. The holder of the indebtedness secured by the Deed of Trust reserves the right to bid at sale.
8. The successful bidder at sale will be responsible for paying any and all transfer stamps, excise fees and recording costs with respect to the Trustee’s Deed.
9. Neither the owner 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.
10. 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 personal property should contact the undersigned prior to sale about any such claim.
11. The successful bidder and the Trustee shall execute a memoranda of sale at the conclusion of the sale and the terms therein shall control, subject to the terms included in this notice.
12. The property sold and improvements thereon are sold “AS-IS-WHERE-IS” with no warranty expressed or implied. Prospective Bidders shall rely upon their own inspections and not on any representations made by the holder of the indebtedness or the Trustee.
13. This sale is subject to the provisions of West Virginia Code 38-1-16 regarding any existing tenancy (leasehold) at the premises.
Should and party have inquiries, objections to the sale or protests regarding the sale, or requests regarding the sale, please notify the trustee by one of the means of communications set forth below.
ROBERT K. TEBAY, III, TRUSTEE
331 Juliana Street
Parkersburg, WV 26101
Telephone (304)422-3110
Fax (304)422-1933
E-mail: [email protected]
Our business hours are
8:30 AM-4:30 PM Monday-Friday not including Holidays
IMPORTANT NOTICE CONCERNING YOUR RIGHTS:
IN THE EVENT THIS COMMUNICATION IS DETERMINED TO BE FROM A DEBT COLLECTOR IN AN ATTEMPT TO COLLECT A DEBT, BE ADVISED THAT ANY INFORMATION OBTAINED WOULD BE USED FOR THAT PURPOSE.
SIGNED:
ROBERT K. TEBAY, III, – SUBSTITUTE TRUSTEE
DATED: March 7, 2025
Publication in the Parkersburg News/Sentinel on:
Lender: Wesbanco Bank, Inc.
Mar.17, 24