NOTICE OF SALE
UNDER DEED OF TRUST
Notice is hereby given that, under authority of a certain deed of trust hereinafter described, the undersigned Substitute Trustee will, at the front door of the Barbour County Courthouse, in Philippi, West Virginia, on
April 1, 2020
11:00 a.m.
offer for sale certain property described in that certain deed of trust executed by ROBERT SIMMONS and JESSICA SIMMONS to Gerald M. Fogg, as Trustee, which deed of trust is dated the 5th day of March, 2012, and of record in the Office of the Clerk of the County Commission of Barbour County, West Virginia, in Trust Deed Book 355, at Page 241; and given to secure MOUNTAIN VALLEY BANK, N.A., the payment of a note therein described.
By Substitution of Trustee dated February 3, 2020, and of record in the Office of the Clerk of the County Commission of Barbour County, West Virginia, in Trust Deed Book 430, at Page 166, Jennifer L. Morgan was appointed Substitute Trustee, and which said property is described as follows:
“All that tract of real estate situate in Valley Tax District, Barbour County, West Virginia, containing 1.385 acres, consisting of part of Lot 7 in Echo Springs Subdivision, and described as follows:
BEGINNING at a found 24″ oak with notch, common corner of William H. Marco & Sharon Marco, DB 279/336, Marvin Yeager, DB 274/179, and Deborah I. Marco, DB 387/89, thence with two partition lines, N 75-06-38 E 112.05′ to a set 5/8″ rebar;
Thence N 43-38-08 E 172.76′ to a set 5/8″ rebar on southern right of way of Echo Springs Drive;
Thence with two lines of the southern right of way of Echo Springs Drive, S 53-31-39 E 161.09′ to a point;
Thence S 47-53-26 E 114.45′ to a found 3/4″ iron rod, corner of Martha L. McIntyre, DB 332/295;
Thence leaving right of way of Echo Springs Drive with the line of said Martha L. McIntyre, S 74-00-00 W 406.10′ to a found 2″ rebar, point on line of said Marvin Yeager;
Thence with line of said Marvin Yeager, N 21-33-00 W 140.43′ to the point of beginning, containing 1.385 acres, more or less.”
Reference is made to a plat of survey of said property recorded with a deed dated December 18, 2006, from Deborah I. Marco, single, to Jerry Linn Biggs, single, and recorded in Deed Book 419 at page 458.
This conveyance includes a 2002 Clayton double-wide modular home with Serial No. CLH027252TNA and CLH027252TNB permanently affixed to said real estate.
“This conveyance is made subject to those certain covenants and restrictions set forth in a Declaration of Restrictions dated January 29, 1979, and recorded in Deed Book 277, at page 67, pertaining to the development and management of Echo Springs Sub-Division.”
And being the same real estate conveyed to Robert Simmons and Jessica Simmons by Jerry Linn Biggs, by virtue of a deed dated March 5, 2021, and of record in the Office of the Clerk of the County Commission Barbour County, West Virginia, in Deed Book 451, at Page 463.
This conveyance is made subject to any and all reservations, restrictions, exceptions, rights-of-way and easements as set forth in prior instruments of record in the chain of title to said real estate.
The above described property will be sold subject to all reservations, restrictions, exceptions and conditions contained in all prior deeds conveying said real estate except those pertaining to race, color or creed, and subject to all unpaid levies and assessments including real estate taxes.
TERMS OF SALE: Cash in hand on day of sale, or ten percent (10% down), or approved line of credit with closing to occur within thirty (30) days. Purchaser accepts subject real estate “AS IS”.
The undersigned Substitute 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 day of sale and any continuance thereof.
Dated this 13th day of February, 2020.
Jennifer L. Morgan, Substitute Trustee
2-19, 2-26