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 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
TUESDAY, JULY 1, 2025, 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 JAMES E. SMITH in and to the real property described in a certain deed of trust dated March 22, 2021, 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. 2171, at page 17 thereof, possessed by the said JAMES E. SMITH 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 those certain lots, tracts or parcels of real estate situate in Slate District, Wood County, West Virginia, more particularly bounded and described as follows:
FIRST TRACT: BEGINNING at an iron pin on the Southerly side of Butcher Bend Road, .8 miles east of West Virginia Route 14; thence N. 48 50′ E. 274.80 feet to an iron pin; thence N. 51 14′ E. 77.0 feet to an iron pin; thence S. 16 40′ E. 551.21 feet to an iron pin; thence N. 89 50′ W. 230.30 feet to an iron pin; thence N. 33 08′ W. 356.23 feet to the place of beginning, containing 2.83 acres, more or less.
SECOND TRACT: BEGINNING at an iron pipe in the northerly line of a tract of land now owned by Robert Smith and of record in the Office of the Clerk of the County Commission of Wood County, West Virginia, in Deed Book 764, at Page 258, which pipe is S. 16* 40′ E. 226.48 feet from Butcher Bend Road; thence N. 74* 56′ E. 355 feet to an 18 inch Red Oak; thence S. 57* 57′ E. 336.6 feet to an iron rod; thence S. 31* 40′ W. 357.8 feet to a iron pipe; thence N. 65* 05′ W. 184.3 feet to a 14 inch pin oak; thence S. 80* 43′ W. 173.27 feet to an 8 inch W. Oak; thence N. 16* 40′ W. 356 feet to the place of beginning, containing 3.79 acres, more or less.
There is EXCEPTED and RESERVED and not conveyed hereby that certain tract containing 2.02 acres as conveyed unto James E. Smith and Carla J. Smith by deed dated January 11, 2005 and of record in Deed Book 1077, at page 667 and that certain tract containing 1.54 acres as conveyed unto Chad A. Staats and Tara L. Staats by deed dated July 6, 2011 and of record in Deed Book 1173, at page 386.
Being a part of the same real estate conveyed unto Robert E. Smith and Phyllis V. Smith by deed dated October 11, 2004 and of record in the Office of the Clerk of the County Commission of Wood County, West Virginia, in Deed Book 1074, at page 167. Robert E. Smith died a resident of Wood County, West Virginia on October 26, 2005 and pursuant to the survivorship provisions of the aforesaid deed title to the property vested in Phyllis V. Smith. The said Phyllis V. Smith died testate on April 22, 2015 and pursuant to her Last Will and Testament of record in Will Book 168, at page 518 she devised the property unto James E. Smith.
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 100 High Knob Road, Mineral Wells, West Virginia 26150.
There are present on said real estate four (4) units of manufactured housing: a certain 1977 FRP Mobile Home Model FH, serial number N013364; a certain 1979 Duke Mobile Home Model FH, serial number ZDI8117; a certain 1971 Sky Mobile Home Model FH, serial number SE2229E; and a certain Pam Mobile Home Model FH, serial number 1260CK2A9291E7, and the undersigned, as agent of the secured party, Community Bank of Parkersburg, will offer said units 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 $63,000.00. 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. The undersigned reserves 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.
5. The undersigned reserves the right to reject any and all bids.
6. 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.
7. The premises and the units of manufactured housing described hereinabove, including any and all improvements thereto, are sold “AS IS-WHERE IS” with no warranty express or implied.
8. 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.
9. 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.
10. 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 persons occupying the subject property to vacate said property.
11. 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 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.
12. 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.
13. 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 3rd day of June, 2025.
ANDREW C. WOOFTER, III, Trustee,
Address: 2104 Dudley Avenue, Parkersburg, West Virginia 26101,
Telephone: {304} 834-1145,
Facsimile: {304} 834-1147.
June 17, 24