NOTICE OF SALE UNDER DEED OF TRUST
NOTICE IS HEREBY GIVEN that R. Mike Mullens, Substitute Trustee under those certain deeds of trusts dated February 24, 2014 made by Kaplon Building, LLC to Jennifer L. Morgan and Robert C. Chenoweth as Trustees, of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Trust Deed Book 520, at page 285 and corrected deed of trust dated February 14, 2014 made by Kaplon Building, LLC to Jennifer L. Morgan and Robert C. Chenoweth, as Trustees, of record in the Office of the Clerk of The County Commission of Randolph County, West Virginia, in Trust Deed Book 548, at page 130. The borrower defaulted under the Note and Deed of Trust and the Substitute Trustee has been instructed to foreclose under that certain Deed of Trust. Accordingly, the Substitute 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:
WEDNESDAY, DECEMBER 16,2020 at 10:00 o’clock a.m.,
All those certain tracts or parcels of real estate, including any and all mobile homes and/or double wide homes, situate in Beverly District, Randolph County, West Virginia, together with any and all improvements situate thereon and any and all appurtenant easements which benefit the same being more particularly bounded and described as follows:
LOT2:
All that certain tract or parcel of real estate containing 0.29 acres and being designated as Lot 2, located on the waters of the Tygart Valley River, situate in Beverly District, Randolph County, West Virginia and being more particularly bounded and described as follows:
Beginning at a 3/4 inch found rebar, corner to Lot 3 of this survey in line of William Markley (WB 30/31), from which a found 3/4 inch rebar bears S 77 37 45 W at 90.01 feet; thence with Markley
N 77 37 45 E 126.26 feet to a found 3 inch railroad steel at the right of way of West Virginia Secondary Route 23, corner to Markley; thence with said right of way,
S 05 09 00 E 15.38 to a point on said state right of way in the center of a reserved 20′ right of way corner to Lot 1; thence with the center of said right of way and Lot 1 for 5 courses and distances,
A curve to the left having a radius of 13.05* and an arc length of 18.71 feet to a point; thence
S 02 31 15 W 82.38 feet to a point; thence
A curve to the right having a radius of 74.60 feet and an arc length of 37.18 feet to a point; thence
A curve to the right having a radius of 43.88 feet and an arc length of 63.88 feet to a point; thence
N 65 30 10 W 26.22 feet to a point, corner to Lot 1 and Lot 3; thence with Lot 3,
N 08 39 50 W at 11.57 feet passing a found 3/4 inch rebar and running in all 126.02 feet to the place of beginning, containing 0.34 acres, more or less, total area, but subject to 0.05 acres, more or less, contained in the access right of way, leaving a net area of 0.29 acres, more or less, as surveyed by Angle Right Surveying in March 2007.
LOT 3
All that certain tract or parcel of real estate containing 0.24 acres and being designated as Lot 3, located on the waters of the Tygart Valley River, situate in Beverly District, Randolph County, West Virginia and being more particularly bounded and described as follows:
Beginning at a found 3/4 inch rebar, corner to Lot 4 of this survey in line of William Markley (WV 30/31), from which a found 1 1/4 inch iron pipe bears S 77 37 45 W at 188.45 feet;
N 77 37 45 E 90.01 feet to a found 3/4″ rebar in line of Markley, corner to Lot 2, from which a found 3 inch railroad steel bears N 77 37 45 E at 126.26 feet; thence with Lot 2
S 08 39 50 E at 114.45 feet passing a found 3/4 inch rebar and running in all 126.02 feet to a point in the center of a reserved 20′ right of way, corner to Lot 1 and corner to Lot 2; thence with the center of said right of way
A curve to the left having a radius of 64.15′ and an arc length of 41.15 feet to a point in the center of said right of way, corner to Lot 1; thence with the center of said right of way and Lot 1
S 77 46 40 W 49.32 feet to a point in the center of said right of way in line of Lot 1, corner to Lot 4; thence with Lot 4;
N 09 24 00 W at 11.97 feet passing a found 3/4 inch rebar and running in all 112.98 feet to the place of beginning, containing 0.24 acres, more or less, total area, but subject to 0.02 acres, more or less, contained in the access right of way and subject to 0.02 acres, more or less, contained in
the Midland Public Service District sewer right of way, leaving a net area of 0.20 acres, more or less, as surveyed by Angle Right Surveying in March 2007.
LOT 5:
All that certain tract or parcel of real estate containing 0.34 acres, and being designated as Lot 5, located on the waters of the Tygart Valley River, situate in Beverly District, Randolph County, West Virginia, being more particularly bounded and described as follows:
Beginning at a set 5/8 inch by 30 inch steel reinforcing rod with a yellow plastic cap marked “SURVEY MARKER PS 1006” hereinafter referred to as a Rebar, comer to Lot 4 of this survey in line of William Markley (WB30/31), from which a rebar set, this survey bears N 77 37 45 E at 78.06 feet; thence with Lot 4
S 11 58 45 W at 108.90 feet passing a set rebar, at 124.09 feet passing a point, comer to Lot 4 and Lot 7, at 135.07 feet passing a set rebar in line of Lot 7 and running in all 148.23 feet to a set rebar in line of Lot 7, comer to Lot 6; thence with Lot 6
S 77 37 25 W 110.40 feet to a point in the eastern right of way of the West Virginia State Rail Authority, comer to Lot 6; thence with said right of way;
N 11 58 45 E 148.24 feet to a found 1 1/4 inch pipe on said right of way, comer to David Markley, et al (WB 30/31); thence with Markley
N 77 37 45 E, 110.39 feet to the place of beginning, containing 14,908 square feet or 0.34 acres total area, but subject to 0.02 acres contained in a reserved right of way through this survey, leaving a net area of 0.32 acres, more or less, as surveyed by Angle Right Surveying in March 2007.
LOT 6;
All that certain lot or parcel of real estate containing 0.34 acres, being designated as Lot 6, located on the waters of the Tygart Valley River, situate in Beverly District, Randolph County, West Virginia, being more particularly bounded and described as follows:
Beginning at a set 5/8 inch by 30 inch steel reinforcing rod with a yellow plastic cap marked “SURVEY MARKER PS 1006” hereinafter referred to as a rebar in line of Lot 7, comer to Lot 5; thence with Lot 7
S 11 58 45 W at 39.34 feet passing a rebar, set this survey and running in all 132.98 feet to a rebar in line of Jessie Markley (DB 419/458), comer to Lot 7; thence with Markley,
S 65 44 20 W, 124.69 feet to a found 3/4 inch rebar in line of the eastern right of way of the West Virginia State Rail Authority, thence with said right of way
N 11 58 45 E 161.17 feet to a point on said right of way, comer to Lot 5; thence with Lot 5
N 77 37 25 E, 110.40 feet to the place of beginning, containing 14,791 square feet or 0.34 acres, more or less, as surveyed by Angle Right Surveying in March 2007.
LOT 7:
All that certain tract or parcel of real estate containing .22 acres, more or less, located on the waters of the Tygart Valley River, situate in Beverly District, Randolph County, West Virginia, being more particularly bounded and described as follows:
Beginning at a set 5/8 inch by 30 inch steel reinforcing rod with a yellow plastic cap marked SURVEY MARKER PS 1006″ hereinafter referred to as a rebar in line of Jessie Markley (DB 419/458), corner to Lot 6 of this survey from which a found 3/4 inch rebar, bears S 65 44 20 W at 124.69 feet; thence with Lot 6
N 11 58 45 E, at 93.64 feet passing a rebar, set this survey, at 132.98 feet passing a rebar, set this survey at 146.14 passing a rebar, set this survey and running in all 157.12 feet to a point in the center of a 20′ right of way in line of Lot 5, corner to Lot 4, from which a rebar, set this survey, bears N 11 58 45 E at 15.19 feet; thence with Lot 4 and the center of said right of way
N 77 30 45 E 42.50 feet to a point in the center of said right of way in line of Lot 4, corner to Lot 8; thence with Lot 8,
S 13 50 30 E at 10.00 feet passing a rebar, set this survey, and running in all 120.03 feet to a set rebar in line of Markley, corner to Lot 8, thence with Markley
S 65 44 20 W 112.78 feet to the place of beginning, containing 9,709 square feet or 0.22 acres, more or less, total area, but subject to 0.01 acres, more or less, contained in said right of way, leaving a net area of 0.21 acres, more or less, as surveyed by Angle Right Surveying in March 2007.
AND BEING part of the same real estate as conveyed unto Kaplon Building, LLC a Maryland Limited Liability Company by Valley Meadow Estates, LLC by deed dated March 2, 2007 and of record in Deed Book 514, at page 544.
This conveyance is made subject to all existing reservations, restrictions, covenants, 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 appurtenances 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 Substitute 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 Substitute Trustee.
4. The Substitute 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 Substitute Trustee by certified or cashiers check within fifteen (15) days of the date of sale, with ten (10%) of the total purchase price payable to the Substitute Trustee at sale by certified or cashiers check.
6. The 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 the day of sale and any continuances thereof.
Given under my hand this 19th day of November, 2020
R. MIKE MULLENS, Substitute Trustee
WV State Bar No. 2672
324 Randolph Avenue
Elkins, WV 26241
304-636-7797
12-2, 12-9