NOTICE OF TRUSTEE’S SALE
NOTICE IS HEREBY GIVEN that by virtue of a Deed of Trust dated June 30, 2016, and of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Trust Deed Book 547, at Page 1, made by Samuel K. Roberts, Maria S. Roberts, and Samuel K. Roberts Family Limited Partnership, to Thomas R. Ross II and Matt Osborne, as Trustees, in trust to secure Citizens Bank of West Virginia, a West Virginia banking corporation, the payment of the sum of Four Hundred Sixteen Thousand Seven Hundred and 00/100 Dollars ($416,700.00), evidenced by a negotiable note bearing even date therewith, and default having been made in the payment of said indebtedness and the undersigned Charles R. Russell, as Substitute Trustee, having been designated as such by a Substitution of Trustee dated March 18, 2020, and of record in said Clerk’s office in Trust Deed Book 585, at Page 699, and having been requested in writing to do so by Citizens Bank of West Virginia, the owner and holder of said note, on Friday the 26th day of June 2020 at 12:00 p.m. (noon) EDST, will offer for sale and sell at public auction at the front door of the Courthouse of Randolph County, West Virginia, to the highest bidder therefore, all that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, more particularly bounded and described as follows:
PARCEL FOUR: A tract or parcel of real estate situate on the east side of Bearhunter Mountain Estates, being 614 feet north of US Route 33 and about 1 mile east of the intersection of US Route 33 at Elkins, Leadsville District, Randolph County, West Virginia, more particularly described as follows:
Beginning at the base of a found and slanted 1″ galvanized iron pipe, at the head of a drain and about 2′ south of a wire fence, with found marked witness trees, a corner to Lot No. 18 of Bearhunter Mountain Estates of Samuel Kump Roberts (DB-514/574) and a corner in line of Jefferson Lee Triplett (DB 511/1), thence with said Triplett for part of a line; S. 82* 05′ E. 128.28 feet to a 1″ galvanized iron pipe, found, at a wire fence corner, a corner to said Triplett and Evelyn Brewster (DB 335/454) or Regina Kaye Bohon Mouse (WB 41/312, Ref- DB 214/590), thence with said Brewster or Mouse; S. 81* 55′ E. 92.41 feet to the base of slanted 1″ iron pipe, found, at the west base of a telephone pole post fence corner, a corner in line of said Brewster or Mouse and a corner to Regina Kaye Bohon Mouse (WB 41/312, Ref- DB 154/1), thence with said Mouse and in part along a wire fence; S. 11 * 18′ W. 613.37 feet to a 1″ iron pipe, found, at the west base of a fence post and on the west bank of a drain, a corner in line of said Regina Kaye Bohon Mouse and a corner to Mark A. Byrd reserved land (Part of DB 443/35), from which a 1″ iron pipe, found, a corner to said Byrd Deed Book 480 at page 421 and Deed Book 443 at page 35, bears N. 10* 51′ E. 57.20 feet, thence through the said parent Byrd tract of Deed Book 443 at page 35; N. 89′ 08′ W. 446.85 feet to a point, a corner to Mark A. Byrd reserved land (Part of DB 443/35), a corner to Lot No. 17 of Bearhunter Mountain Estates (Samuel Kump Roberts – DB 514/754) and a corner to Lot No. 16 of Bearhunter Mountain Estates (Charlotte and David Gaaserud – DB 411/637), set a 3/4″ x 42″ rebar with a 2 3/4″ diameter orange plastic cap, from which a 1″ iron pipe, found, a corner to said Byrd, bears S. 29* 16′ W. 92.60 feet and a 6″ square concrete marker with a 1/2″ rebar, found, on the northern right-of-way of US Route 33, bears S. 29′ 06′ W. 614.12 feet, thence with said Roberts; N. 29* 06′ E. 715.97 feet to the beginning, containing 4.79 acres, more or less, as surveyed in April 2007, by Leon G. Mallow (PS #567) of Montrose, West Virginia.
And being the same real estate conveyed to Samuel K. Roberts by Mark A. Byrd by deed dated the 10th day of May, 2007, and recorded in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Deed Book 516 at page 400.
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 sale of the foregoing real property will be made subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real estate, subject to all matters disclosed by an examination and inspection of the property, subject to any and all unpaid taxes assessed against said property, and to any further matters announced at said sale.
The sale of the foregoing real property will also be made expressly subject to any and all other deeds of trust, judgments, liens, and all other encumbrances of record, if any, having priority over the Deed of Trust referred to herein.
Any sale hereunder may be adjourned from time to time without notice other than oral proclamation at the time and place appointed for the sale. The Substitute Trustee reserves the right to reject any or all bids.
TERMS OF SALE:
1. Ten percent (10%) of the bid price cash or certified funds on the day of sale.
2. The purchaser will be responsible for payment of real estate taxes for the tax year 2019 and prior years, if any be due.
3. The sale of the property will be subject to all matters having priority over the deed of trust referred to herein including but not limited to any and all assessments and taxes against said property, all prior liens, encumbrances, leases, restrictions, covenants, conditions, rights of way and easements of any nature whatsoever.
4. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code Chapter 11, Article 22, Section 1.
5. The subject property will be sold in “AS IS” condition. The Substitute Trustee makes no representations and warranties of any kind or character including, but not limited to, the condition of the real estate or the title to the real estate to be conveyed.
6. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
7. The Substitute Trustee reserves the right to adjourn the sale, for a time, or from time to time, without further notice by announcement at the time and place of the sale described above.
8. The beneficiary of the Deed of Trust and holder of the note thereby secured reserves the right to submit a bid for the property at the sale, which bid may be in the form of a credit bid.
9. The successful bidder will be required to execute a Trustee’s Real Estate Sale Contract upon the acceptance of the successful bid by the Substitute Trustee. The Substitute Trustee will deliver a trustee’s deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by Chapter 38, Article 1, Section 6 of the West Virginia Code upon receipt of the purchase price in “good and available funds.”
Dated this 1st day of June 2020.
Charles R. Russell, Substitute Trustee
6-17, 6-24