NOTICE OF SALE
The undersigned, BRIAN K. CARR, Trustee under that certain Deed of Trust executed by James R. Jones and Marietta V. Jones, husband and wife, dated the 10th day of October, 2011 and of record in the Office of the Clerk of the Ohio County Commission in Deed of Trust Book 1425 at Page 38 on the 7th day of November, 2011; and having been authorized by the creditor, The People Savings Bank, beneficiary under said deed of trust, shall appear and sell at public auction at 1:00 p.m. on the
15th DAY OF
at the front doors of the Courthouse in Ohio County, West Virginia, the following tracts of real estate:
All that certain tract or parcel situate in Liberty District of Ohio County, West Virginia, bounded and described as follows:
Beginning at a stone near the Greggsville, Clinton and Potomac Road, corner to John Waite, said stone being the beginning stone of the 66 acre, 2 rood and 14 perches tract of land which was conveyed by Elwood Ball, Executor, et al., to Otis Galentine and Mary Elizabeth GaLentine, his wife, by Deed dated February 16, 1951, and recorded in the office of the Clerk of the County Court of Ohio County, West Virginia, in Deed Book 331, at page 284; thence from said beginning stone and following along the original lines of the said 66 acre, 2 rood and 14 perches tract, the following four bearing and distances: N. 13 39′ W. 55 and 44/100 feet to a point in the said Greggsville, Clinton and Potomac Road; thence with said road, the following three bearings and distances: N. 66* 13′ E. 330 feet to a point; thence N. 78* 13′ E. 162 and 36/100 feet to a point; thence N. 67* 58′ E. 101 and 88/100 feet to a point at the most westerly corner of a 943/1000 of an acre parcel of land now or formerly owned by John S. Lasch and Irene C. Lasch; thence with lines of said 943/1000 of an acre parcel, the following four bearings and distances: S. 69* 48′ E. 80 feet to a stake; thence S. 64* 34′ E. 139 and 22/100 feet to a stake; thence S. 60* 39′ E. 127 and 83/100 feet to a stake; thence S. 37* 19′ E. (at 52 and 16/100 feet passing through a 20″ Maple) 96 and 64/100 feet to a point in an original line of the 4 and 57/100 acre tract of land which was conveyed by W. Day Fitzsimmons, Trustee, to Mary Elizabeth Galentine by Deed dated September 7, 1961, and recorded in said county clerk’s office in Deed Book 429 at page 216; thence leaving said 943/1000 of an acre parcel and following along the original lines of the said 4 and 57/100 acre tract, the Mowing three bearings and distances: S. 26* 01′ W. 178 and 8/100 feet to a stake; thence N. 60* 53′ W. 362 and 79/100 feet to a stone; thence S. 84* 43′ W. 520 and 24/100 feet to the place of beginning, continuing three and sixty-three one hundredths acres, more or less.
There is included a right of way, ten feet wide, leading from said Greggsville, Clinton and Potomac Road in a southeasterly direction, as more particularly described in a Deed dated April 21, 1969, from John S. loch, et ux. to James R. Jones, et ux., of record in Deed Book 506 at page 299.
Subject to all existing rights of way, easements, covenants, conditions, restrictions, reservations and other servitudes contained in prior instruments of record affecting the within described tract or parcel of land.
TERMS OF SALE: Cash in hand due upon close of sale, or upon terms to be agreed upon between the undersigned and successful bidder (Purchaser) with ten (10) percent down payment of cash. The successful bidder will be required to execute a “Memorandum of Sale” upon successful bidding and closing of sale. Failure to complete agreed upon terms results in the forfeiture of the bidder’s down payment and all rights and interest resulting from the Trustee’s Sale.
The subject property is sold “AS IS” condition, and the undersigned will transfer the property without any warranty (express or implied) as in the form prescribed by W. Va Code Section 38-1-6. The undersigned makes no representations and warranties about title to the real estate to be conveyed, and shall Warrant Specially. If the undersigned cannot convey insurable or marketable title to the purchaser for any reason, purchaser’s sole remedy is return of deposit.
This sale is a sale of the surface only of the property, and does not include any oil, gas, and minerals in, upon and underlying the hereinabove real estate.
Payment for any and all unpaid real estate taxes that are due or delinquent, or are to become due, are the responsibility of the Purchaser. The Purchaser shall be responsible for paying the cost of recording the Trustee’s Deed and any other costs associated with the recording of aforesaid deed.
Any sale hereunder may be adjourned from time to time without any notice other than oral proclamation at the time and place appointed for this sale and there is notice of same. Should the undersigned not appear at the time appointed for the sale and there is no notice posted of a continuance, please contact the office of the undersigned to make further inquiry. The undersigned expressly reserves the right to reject any and all bids. Any sale may be conducted or adjourned by the designated agent or attorney of the undersigned. The undersigned is fully vested with the authority to sell said property by Deed of Trust dated the 21st day of October, 2011, and of record in the Ohio County Courthouse, Wheeling, West Virginia, in Trust Deed Book No. 1425, at page 38.
Any sale of the subject property shall be made expressly subject to any and all restrictions, reservations, rights of way, and conveyances of record.
Should any party have any inquiries in regard to the proposed sale, please contact the undersigned below by one of the means of communications set forth below.
BRIAN K. CARR
Attorney at Law
P.O. Box 3456
Parkersburg, WV 26101
BRIAN K. CARR
Attorney at Law
P. O. Box 157
St. Marys, WV 26170
Int. Nov. 30, 2015
Int. Dec. 7, 2015