NOTICE OF SALE UNDER DEED OF TRUST
NOTICE IS HEREBY GIVEN that Jefferson L. Triplett, Trustee under that certain credit line deed of trust dated the 31st day of August 2004, made by Katherine I. Hedrick, to Carolyn A. Kerens and Jefferson L. Triplett, as Trustees, of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Trust Deed Book 385, at page 354. The borrower defaulted under the Note and Deed of Trust and the Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Trustee will offer for sale at public auction the following described property, to the highest bidder at the front door of the Randolph County Courthouse, on:
FRIDAY, FEBRUARY 21, 2020 AT 10:00 A.M.
The property is described as all that certain tract or parcel of real estate together with the improvements thereon and the appurtenances thereunto belonging, situate in Valley Bend District, Randolph County, West Virginia, being more particularly bounded and described as follows:
All of the following described tract or parcel of real estate, with all building improvements thereon, situate in Valley Bend District Randolph County, West Virginia, between U.S. Route 219 and the Western Maryland Railway, at Dailey, West Virginia, more particularly described as follows:
BEGINNING at a corner 1, a point, at or about twenty (20) feet southerly of U.S. Route 219, from which a corner fence post bears S 55 21 38 E 4.40 feet, thence, southwesterly at or about twenty (20) feet southeasterly of the center of U. S. Route 219, common to the southeasterly limits of U.S Route 219, three (3) courses, S. 40 21 45 W. 62.16 feet, set a 5/8 inch steel pin, S. 43 07 36 W. 47.50 feet, to a point; a curve to the right with a radius of 975 feet for 83.94 feet to corner 2, a point, at or about twenty (20) feet southeasterly of the center of U. S. Route 219, in the projection of an old fence line, common to Ruth Elizabeth Browning, common to the southeasterly limits of U.S Route 250, from which the corner fence post bears S. 42 40 12 E. 1.72 feet as a reference, thence, along or very near the old fence line, common to Ruth Elizabeth Browning, one line, S. 42 40 12 E. 188.12 feet, to corner 3, a corner fence post, common to Ruth Elizabeth Browning, common to the northerly limits of the Western Maryland Railway; thence along or near the northerly limits of the Western Maryland Railway two (2) courses, a curve to the right with a radius of 2,865.00 feet for 158.34 whose tangent bears N. 29 17 15.5 E. a point set a 5/8 inch steel pin, common to the northerly limits of the Western Maryland Railway; N. 27 20 06 E 67.67 feet to corner 4, found a one (1) inch pipe set by others unknown in a fence line common to Lewis W. Wilson; thence, northwesterly along or very near the fence line common to Lewis W. Wilson, one line, N. 53 21 38 W. 133.16 feet to corner 1, the place of beginning, containing about 0.76 acre.
Subject to any and all reservations, restrictions, covenants, restrictions, exceptions and/or easements set forth in the chain of title to said real estate, including utility rights of ways.
Being the same property conveyed to Katherine I. Warner, single, and to Patrick H. Hedrick, single, from Commercial Credit Corporation, a Corporation, by Deed dated the 25th day of March, 1997, and of record in the Office of the Clerk of the Randolph County Commission in Deed Book 451 at Page 214. Also, by Quitclaim Deed, dated September 6, 2001 (Deed Book 480, at Page 54) Patrick H. Hedrick conveyed all of his rights, title and interest in the subject property to Katherine I. Warner, whereby she became the sole owner. On January 6, 2004, Katherine Ilene Warner (formerly known as Katherine Shannon) married Patrick Harold Hedrick.
And further being the same real estate conveyed unto Cheryl Patterson from Katherine I. Shannon, formerly known as Katherine I. Warner, by Quitclaim Deed dated the 21st day of June, 2007, and of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia in Deed Book 520 at Page 668.
This conveyance is made subject to all existing reservations, restrictions, exceptions, conditions, easements, rights of way or other servitudes, if any, made, reserved or created in prior deeds of record in said Clerk’s office, or which would be disclosed by a visual inspection of the premises. For the stated consideration, the Grantor does further grant and convey unto the Trustee all rights of way and easements, together with all appurtenance’s pertaining to the aforesaid real estate, whether presently owned or hereinafter acquired, which are matters of record in said Clerk’s office or otherwise.
TERMS OF SALE:
1. The property will be conveyed in an “AS IS” 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, assessments, encumbrances, restrictions, rights-of ways, easements, covenants, conveyances, and conditions, of any nature whatsoever, of record in the Clerk’s office or affecting the subject property.
2. The Beneficiary and/or Servicer of the Deed of Trust and Note reserve the right to submit a bid for the property at sale.
3. The Trustee reserves the right to reject any and all bids received and 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.
4. 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.
5. The total purchase price is payable to the Trustee by certified or cashier’s check within fifteen (15) days of the date of sale, with ten percent (10%) of the total purchase price payable to the Trustee at sale by certified or cashier’s check.
6. The Trustee reserves the right to reject any and all bids received and to continue said sale from time to time, upon announcement thereof given verbally on the day of sale and any continuances thereof.
Given under my hand this 24th day of January, 2020.
Jefferson L. Triplett
Jefferson L. Triplett, Trustee
WV State Bar No. 8988
317 Henry Avenue: PO Box 1365
Elkins WV 26241
(304) 636-7335
1-30, 2-6