NOTICE OF TRUSTEE’S SALE
NOTICE IS HEREBY GIVEN that (1) 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) (the “First Deed of Trust”), evidenced by a negotiable note bearing even date therewith, and (2) by virtue of a Deed of Trust dated September 22, 2017, and of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Trust Deed Book 560, at Page 170, made by Samuel K. Roberts and Samuel K. Roberts Family Limited Partnership, to Jefferson L. Triplett, as Trustee, in trust to secure Citizens Bank of West Virginia, a West Virginia banking corporation, the payment of the sum of Thirty-Six Thousand Seven Hundred and 00/100 Dollars ($36,700.00) (the “Second Deed of Trust” and together with the First Deed of Trust, the “Deeds of Trust”), evidenced by a negotiable note bearing even date therewith, and default having been made in the payment of said indebtedness secured by the First Deed of Trust and Second Deed of Trust and the undersigned Charles R. Russell, as Substitute Trustee, having been designated as such under the First Deed of Trust 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 under the Second Deed of Trust by Substitution of Trustee dated March 18, 2020, and of record in said Clerk’s office in Trust Deed Book 585, at Page 704, and having been requested in writing to do so by Citizens Bank of West Virginia, the owner and holder of said notes, on Friday the 26th day of June 2020 at 12:30 p.m. 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 ONE: All that certain tract or parcel of land situate in Mingo District, Randolph County, West Virginia, south of Stewart Run on the waters thereof, on Sugar Camp Run, a tributary of Stewart Run, and on Dry Run, a tributary of Tygart Valley River, bounded on the north by Frances Russell Channell land, on the east by U.S. Forest Service Tract No. 520 and Ollie and Charlie Wood land, on the south by said Wood and U.S. Forest Service Tract No. 379a (on the southwest) and Paul Moore (on southwest) and on the west by the Charles E. See, Tucker W. See, Joseph B See Heirs, and bounded approximately as follows:
Beginning at an iron pipe by three chestnut oaks, being corner 30 of U.S. Tract 520 (Paul Crouch), and said to be a corner to Emily W. Russell land and also the northeastern corner of the tract herein described as Tract A, thence with two lines of said Tract 520, S. 15-19 E. 100.52 poles to an iron pipe on the northwest bank of a drain, said point identified by E. W. Snelson as a corner to the Logan Heirs, thence S. 40-19 E. 134.24 poles to an iron pipe about 12 poles west of the top of a ridge, corner to Charlie Wood, white oak called for, thence with land of said Wood, S. 25-00 W. 175 poles to a hickory, thence N. 37-30 W. 6.5 poles to a white oak, thence N. 86-30 W. 101 poles to a point, beginning corner of said Wood deed, in line of U.S. Tract No. 379a (Wilson Lumber Company), thence with said U.S. line, N. 13-31 W. 47 poles to an iron pipe with witnesses, being corner 23 of said 379a, thence N. 43-11 W. 84.44 poles to a pin oak snag with witnesses on top of a ridge, corner to land of Paul Moore, and with said Moore line N. 41-00 W. 55 poles to a pine, corner of Lot 5 of the Adam See land, now Charles See, thence with said Adam See line N. 20-30 E., at about 58 poles passing corner to Lot 5 and Lot 4 of said See land, thence with Tucker See, at about 133 poles passing a corner to Lot 4 and Lot 3 of said See land, thence with Joseph B. See Heirs, at about 213 poles passing a set stone near the Burnt Cabin, corner to said Russell’s 51 acre tract; thence with said Russell, in all about 218.16 poles to a stake east of Sugar Camp Run in the south line of Russell’s Moses Hutton 124 acre parcel, thence with said line S. 88-30 E. at about 8 poles passing a spruce called for in a deed in Deed Book D, at page 697, in all 123 poles to the beginning, described as containing about 360 acres, more or less, previously thought to contain 450 acres, but now estimated to contain 400 acres.
Being the same real estate conveyed to Samuel K. Roberts Family Limited Partnership and Samuel K. Roberts by deed dated December 7, 1987, and recorded in the Office of the Clerk of the County Commission of Randolph County, West Virginia, Margaret Kump Roberts conveyed the surface of said property to Samuel K. Roberts, Heather Russell Roberts Biola, Margaret Fox Roberts Perdue, Peter Rudolph Roberts and Mildred Scott Roberts Wiest; (2) By her Last Will and Testament dated October 23, 1987, and recorded in the aforesaid Clerk’s Office in Will Book 30 at page 687, Margaret Kump Roberts devised all the minerals and timber on said property in equal shares to her above mentioned children; (3) By deed dated the 22nd day of December, 1994, and recorded in the aforesaid Clerk’s Office in Deed Book 436 at page 643, Heather Russell Roberts Biola, Margaret Fox Roberts Perdue, Peter Rudolph Roberts and Mildred Scott Roberts Wiest conveyed their undivided four-fifths (4/5) interest in said property to Samuel K. Roberts; and (4) by deed dated December 22, 1996, Samuel K. Roberts, single, conveyed an undivided one-half (1/2) interest in said property to the Samuel. K. Robert Family Limited Partnership.
LESS and EXCEPT that certain parcel containing 3.65 acres, more or less, conveyed by Samuel K. Roberts Family Limited Partnership and Samuel Kump Roberts and Maria S. Roberts, his wife to Paula Torrence by deed dated the 151 day of August, 2012, and recorded in the aforesaid Clerk’s Office in Deed Book 555 at page 459, as more particularly shown on a Plat of Survey attached thereto.
PARCEL TWO: That certain parcel situate in Mingo District, Randolph County, West Virginia, lying east of the Tygart Valley River and U. S. Route 219 approximately 3 1/2 miles north-northeastward of Valley Head being identified as Parcel A on the Plat of Survey attached to the deed described below and containing 2.94 acres, more or less.
And being the same parcel of real estate conveyed to Samuel K. Roberts Family Limited Partnership and Samuel Kump Roberts by Paula S Torrence and Daniel R. Torrence, her husband, by deed dated the 7th day of September, 2012, and recorded in the aforesaid Clerk’s Office in Deed Book 555 at page 455.
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 Deeds 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 deeds 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 Deeds of Trust and holder of the notes 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
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