Public Notice

To: Richard L. Wayt, Jr.
963 Games Ridge
Proctor, WV 2605

Debra J. Wayt
123 Deerfield Drive
Moundsville, WV 26041

By virtue of that certain Deed of Trust made by Richard L. Wayt, Jr. and Debra J. Wayt, to John E. Gompers, Trustee, dated the 28th day of June, 2014, and of record in the office of the Clerk of the County Commission of Marshall County, West Virginia, on the 2nd day of July, 2014, in Deed of Trust Book No. 943, at page 550, the undersigned will sell at public auction, and subject to the terms and conditions set forth in this Trustee’s Notice of Sale and in the said Deed of Trust, on the 21st day of December, 2015, at 10:00 o’clock A.M., at the front door of the Marshall County Courthouse, Moundsville, West Virginia, the following described property (“Property”) situate at 123 Deerfield Drive, Moundsville, Marshall County, West Virginia 26041, and being more particularly described as follows:
The following described real estate, having Tax Map Number 11, Parcel Number 8.5, and having an address of RR 1, Box 410, Wayman’s Ridge, Moundsville, West Virginia, situated along the southwest side of a private road running southeasterly from Wayman’s Ridge Road in Washington District, Marshall County, West Virginia, and being more particularly bounded and described as follows, to-wit:

Beginning at a point in the center of a private road at a corner to lands of Virgil R. Van Scyoc and the southeast corner of the herein described parcel; thence leaving said road and running with lands of Van Scyoc S. 64* 23′ W. 728.13 feet to a ¾ inch iron pipe in line of lands of Lois A. Weber, said line passing a ¾ inch iron pipe on the south side of said road at 10.40 feet, set a 5/8 inch iron pin; thence running with lands remaining to Floyd R. Clark N. 42* 38′ 32″ E. 35l.46 feet, set a 5/8 inch iron pin; thence with same N. 35* 10′ 26″ E. 217.74 feet to a point in the center of the aforementioned private road, in the south line of Raymond E. Franklin’s 10.704 acre parcel, said line passing a 5/8 inch iron pin, set on the south side of said road at 200.52 feet; thence running with the center of said road and lands of said Franklin the following three (3) courses and distances: S. 53* 03′ E. 129.55 feet to a point; thence S. 58* 15′ E. 204.97 feet to a point; thence S. 43* 54′ E. 167.20 feet to point of beginning, containing 5.00 acres, more or less, as surveyed by Ralph N. Eller, LLS, October 31, 1978.

Being the same property conveyed to John E. Gompers from Richard L. Wayt, Jr., and Debra J. Wayt, by Deed of Trust, dated the 28th day of June, 2014, and recorded in the Office of the Clerk of the County Commission of Marshall County, West Virginia, in Deed Book 943, page 550.

There is further granted and conveyed a right-of-way and easement for the installation, operation, removal and repair of an alternate septic system draining field, which said right-of-way and easement was conveyed to Charles W. Raper and Candice J. Raper, his wife, by Floyd R. Clark, single, by Deed dated December 4, 1978, and of record in said Clerk’s Office in Deed Book 476, page 655.

The above described 5.00 acre parcel is subject to that part of the right-of-way for the private road that lies within the bounds of said 5.00 acre parcel.

It is understood that the Parties of the Second Part shall have the right to the use of the private road for ingress and egress to and from the property hereby conveyed and for usual road and utility purposes.

This conveyance is, however, subject to the exceptions, reservations, covenants, conditions restrictions and easements, if any, granted by or acquired from the parties of the first part and their predecessors in title to said land.

The above described property is known for street numbering purposes: 123 Deerfield Drive, Moundsville, WV 26041.

TERMS OF SALE: Sale of the Property will be made subject to the lien for any and all real estate taxes, whether or not currently due, owing, delinquent or payable, whether paid or are otherwise not currently payable; and further, sale of the subject interest in the Property is subject to any and all other liens, encumbrances, or adverse claims of interest which may be superior to the lien of the Deed of Trust being foreclosed upon or the title of Trustee hereunder, including but not limited to that certain Deed of Trust dated the 13th day of March, 2012, and recorded the in the Office of the Clerk of the County Commission of Marshall County, West Virginia, in Deed of Trust Book 894, page 557, securing a Note held by Capital Funding, Trustee, and Loan indebtedness held by and payable to Priority Mortgage Corporation, Worthington, Ohio, or as may have been assigned. The Property will be conveyed “As Is”, without warranty or representation, express or implied, as to title, physical condition, environmental condition or any other adverse condition which might affect merchantability, marketability, fitness or use of the Property. CASH IN HAND or CERTIFIED FUNDS (Certified Check) in full in the amount of the successful bid or bids on the day of the sale is required for any bidder to purchase the subject Property.

John E. Gompers, Trustee
N.R. Dec. 7, 14, 2015