Legal
1116 1123
NOTICE OF SALE UNDER DEED OF TRUST
NOTICE IS HEREBY GIVEN that R. Mike Mullens, Substitute Trustee under that certain deed of trust dated the 29th day of March, 2006, made by ROGER RITCHIE, JR AND KEARY RITCHIE, to Thomas R. Ross, II, as Trustee, of record in the Office of the Clerk of the County Commission of Tucker County, West Virginia, in Trust Deed Book 211, at page 444.
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 Tucker County Courthouse, on:
THURSDAY, DECEMBER 1, 2016 at 2:00 o’clock p.m.,
All that certain tract or parcel of real estate situate in Dry Fork District, Tucker County, West Virginia, being more particularly bounded and described as follows:
Lot No. 31, of the Windwood Fly-In Resort containing 0.303 acre, more or less, as shown on a Plat of Survey of Windwood prepared by Larry L. Kitzmiller in May, 1989 and recorded in the Office of the County Commission of Tucker County, West Virginia in Plat Cabinet 1, at Slide 74.
TOGETHER WITH an access of ingress and egress to and from WV Secondary Route 35 (Cortland Road) to the said .509 acres, more or less, Phase III of Windwood Fly In Resort, on and over the streets, roadways and rights of way of Wind wood Fly In Resort and the new Windwood Fly In Resort as set out in the dedication of use of said streets in Article VIII, Paragraph H (2) of the Amended Declaration of Common Interest Community for West Virginia Resorts Limited Liability Company dba The New Windwood Fly In Resort of record in the aforesaid Clerk’s Office in Deed Book 162, at page 535 and as shown on plats of record of the Windwood Fly In Resort and the New Windwood Fly In Resort.
SUBJECT TO that certain Declaration of Common Interest Community for Windwood Fly In Resort – Phase I, dated April 7, 1992, and all exhibits thereto, which is of record in the aforesaid Clerk’s Office in Deed Book 138, at page 241, having been admitted to record on April 9, 1992, and the amended Declaration of Common Interest Community dated July 27, 1999, and recorded in the aforesaid Clerk’s Office in Deed book 162, at page 535. Said covenants shall be considered to run with the land herein conveyed and the same are incorporated by reference to have the same effect as through textually set forth herein.
SUBJECT TO that certain Declaration of Protective Covenants and Restrictions for Windwood, Inc., Phase One, dated September 15, 1989 and recorded in the aforesaid Clerk’s Office in Deed Book 130, at page 50.
SUBJECT TO the Public Offering Statement For Windwood Fly In Resort recorded in the aforesaid Clerk’s Office in Deed Book 155, at page 92.
SUBJECT TO that certain Declaration of Common Interest Community for Wet Virginia Resorts Limited Liability Company- Phase I Subdivision (Lots 1-34) of the original Windwood, Inc., 54.088 acre tract, dated January I, 1997 recorded in the aforesaid Clerk’s Office in Deed Book 155, at page 110.
SUBJECT TO the Bylaws of the Windwood Fly In Resort Unit Owners Association dated January 1, 1997 and of record in the aforesaid Clerk’s Office in Deed Book 155, at page 132.
AND BEING the same real estate as conveyed unto Roger Ritchie, Jr and Keary Ritchie by West Virginia Resorts Limited Liability Company dba The New Windwood Fly In Resort, by deed dated March 3, 2006 and of record in Deed Book 187, at page 90.
This conveyance is made subject to all existing reservations, restrictions, 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 or 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 or the date of sale, with ten (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) 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 8th day of November, 2106.
R. MIKE MULLENS, Substitute Trustee
WV State Bar No. 2672
324 Randolph Avenue
Elkins, WV 26241
304-636-7797