NOTICE OF SUBSTITUTE TRUSTEE SALE OF
VALUABLE REAL ESTATE
Pursuant to the authority vested in the undersigned by deed of trust dated the 30th day of May, 2014, signed by Jesse Allen Zirkle and Wanda Susan Zirkle, to Peter G. Zurbuch and Jennifer Morgan, Trustees, which said deed of trust is of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Trust Deed Book 523, at page 536, and pursuant to a Notice of Substitute Trustee dated the 5th day of November, 2020, signed by S & S Development Group to Gregory R. Tingler, Substitute Trustee, which is of record in the Office of the Clerk of the County County Commission of Randolph County, West Virginia in Trust Deed Book 594, at page 60, and having been requested to do so by the Secured Creditor, and default having been made under the terms and conditions of said deed of trust, and the provisions in said deed of trust concerning acceleration having been complied with by the Secured Creditor and present holder of the note, the Substitute Trustee will sell at public auction at 1:00 p.m. on the
20th day of November, 2020
at the front doors of the Courthouse in Randolph County in Elkins, West Virginia, the following described real estate:
All that certain lot, parcel or tract of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in Beverly District, Randolph County, West Virginia, and more particularly bounded and described as follows:
Beginning at corner 5A, a found fence corner post on the southeast side of 4-H Camp Road, corner to the Mount Vernon Cemetery; thence with the edge of the road, 20 feet from its center
Approximately 300 feet, more or less, to corner 5, corner to Lot A, a point at the intersection of the east edge of a paved drive with the southeast edge of the 4-H Camp Road right of way, thence with the east edge of the paved driveway with Lot A, with the lines of Lot A having been surveyed in 2012 by Donald L. Teter.
S 23-01 E 27.66 feet;
S 20-00 E 17.87 feet;
S 18-16 E 32.24 feet;
S 10-15 E 32.34 feet;
S 03-39 E 50.04 feet;
S 02-12 W 64.44 feet to corner 4, a set 5/8 inch by 40 inch rebar with blue plastic cap at the east edge of the paved driveway; thence continuing with Lot A, leaving the driveway
N 74-44 E 194.19 feet to corner 3, a set rebar;
N 07-59 W 45.25 feet to corner 2, a set rebar;
N 36-31 W 225.52 feet to corner 1, a point at the edge of the 4-H Camp Road right of way, 20 feet from its center, from said point a found 3/4 inch rebar in concrete bears S 36-51 E 1.35 feet; thence from corner 1 leaving Lot A with the southeastern edge of the 4-H Camp Road right of way
N 54-00 E 388.11 feet to corner 34, corner to Lot C, a point at the edge of the 4-H Camp Road right of way, from which a set rebar at a fence post bears N 11-51 W 2.6 feet; thence from corner 34 leaving the right of way with Lot C with lines surveyed in 2020 by Donald L. Teter
S 11-51 E 543.65 feet to corner 33, a set rebar at a fence corner; thence generally following the existing fences with Lot C
S 48-45 E 901.18 feet to corner 32, a point in the center of a 6.5 foot round concrete water tank, in the fence;
S 51-42 E 482.42 feet to corner 31, a set rebar at a fence corner;
S 75-42 E 507.85 feet to corner 30, a set rebar at a fence corner;
S 37-00 E 123.82 feet to corner 29, a set rebar at a fence corner, at or near the McLaughlin line, but with the whole length of the McLaughlin line not having been surveyed and it appearing that the line may lie slightly east of the fence; if so, it is the intent for Lot D to include the small triangular strip between the line from corner 29 to corner H and the actual location of the McLauglin line, with the partition boundary to follow an extension of the line from 30 through 29; thence with the McLaughlin line, a scaled distance of
Approximately 1736 feet, more or less, to corner H, a point on a ridge, corner to McLaughlin and to Sharon Martin; thence with Martin, with two lines with a total deed distance of 64 poles (1056 feet), more or less, to corner I, corner to the Randolph County Recreation Board (4-H Camp), said corner being shown on a plat of the 4-H Camp recorded in Plat Cabinet D/slide 52 as a set rebar and stone pile on the ridge; thence leaving the ridge with the 4-H Camp, with a line reversed from the 4-H Camp plat
N 16-36 E 822.71 feet to corner J, shown on the 4-H plat as a 22 inch black gum; thence continuing with the 4-H Camp, with another line reversed from that plat
N 33-41 W 883.96 feet to corner K, a 3/4 inch rebar, corner to the West Virginia Native American Coalition; thence with the Coalition, with a line shown on the Leon Brown plat recorded with a boundary agreement in Deed at 465 at page 107, with the line being reversed from that plat
N 35-00 W 150.0 feet to corner L, corner to the Mount Vernon Cemetery; thence with the Cemetery with line totaling
Approximately 893 feet, more or less to the beginning; Containing approximately seventy (70) acres, more or less, as surveyed in 2012 by Donald L. Teter.
And being the same real estate conveyed to Jesse Allen Zirkle and Wanda Susan Zirkle, by virtue of a Confirmatory Deed from Wanda Susan Zirkle and Jesse Allen Zirkle, husband and wife, dated the 13th day of February, 2013, of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Deed Book 557, at Page 573.
There is further conveyed easements for all existing standard utility services with the right to maintain said utility services as required by law.
“Grantees herein, their successors and assigns, shall jointly maintain the fence line separating Lots C and D with the owners, successors and assigns of Lot C, pursuant to that deed dated February 13, 2013, of record in Deed Book 557, at Page 564, from Wanda Susan Zirkle and Jesse Allen Zirkle to John Dwight Yoakum and Daniel Raymond Yoakum.”
“In the event that the Grantees, Wanda Susan Zirkle and Jesse Allen Zirkle, decide to sell any portion of the real estate designated as Lot D, they cannot do so outside the terms of the right of first refusal as hereinafter stated. The right of first refusal shall be for a term of twenty-five (25) years, with a thirty (30) day contemplation period for John Dwight Yoakum or Daniel Raymond Yoakum, individually or collectively, to match any offer by a ready and willing bona fide purchaser who has placed escrow on the real estate pursuant to a purchase agreement which must be conditioned upon the right of first refusal. Such right of first refusal shall not apply to a purchaser who is an heir of the Grantees. This right of first refusal shall not apply to any finance or refinance of Lot D with a commercial financial institution.”
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.
It is the intention of this notice to sell the secured property by proper description as was intended to be transferred and conveyed in the aforesaid deed of trust.
TERMS OF SALE: Cash in hand on day of sale or such other terms as may be agreed upon between Substitute Trustee and successful bidder. All persons intending to be present at said time and place of sale, and intending to bid, must register with the Substitute Trustee, showing a valid proof of identity and evidence of source of funds or bank letter authenticating credit availability in amounts equivalent to any proposed bid, plus costs. Purchaser shall pay all transfer tax stamps, property taxes, advertising, recording costs, deed preparation and closing costs incurred pursuant to said bid, purchase and transfer. Substitute Trustee makes no covenants or warranties, express or implied, with respect to title or fitness to this property and purchaser accepts the demises premises “as is.” If there is any part of this process of sale which is found to be objectionable, the Substitute Trustee reserves the right to cancel the sale. Substitute Trustee reserves the right to continue said sale from time to time and to reject any and all bids or offers at any time.
Dated this 6th day of November, 2020.
/s/ Gregory R. Tingler, Substitute Trustee
Rt. 2, Box 459
Elkins, West Virginia 26241
304-591-6004
11-10, 11-17