NOTICE OF SALE UNDER DEED OF TRUST
Default having been made in the payment of that certain note and debt secured by that certain deed of trust, executed by Brian Deboard, which deed of trust is dated May 21, 2010, and recorded in the Office of the Clerk of the County Commission of Clay County, West Virginia, in Trust Deed Book 125 page 673, and demand for sale having been made by the beneficiary and holder of the note and debt secured thereby, to-wit: Premier Bank, Inc., formerly known as Bank of Gassaway; notice is hereby given that on the 19th day of April, 2016, at 4:00 o’clock P.M., the undersigned, Substitute Trustee, Terry D. Reed, will offer for sale at public auction to the highest bidder thereof, at the front door of the Courthouse at Clay County, West Virginia, subject to the reservations, exceptions and provisions hereinafter mentioned, described or referred to, the following described real estate, together with the improvements thereon and the appurtenances thereunto belonging, being more particularly described as follows:
All those certain lands, together with the improvements thereon and the appurtenances thereunto belonging, situate in Pleasant District, Clay County, West Virginia, and more particularly bounded and described as follows, to-wit:
Beginning at a point in the centerline of a 30” right of way for Secondary Route 24/2; Thence with said centerline for the next eleven bearings and distances: N 12°12’50” W 8.97” to a point; N 7°43’50” W 53.72’ to a point; N11°03’20” W 68.07’ to a point; N20°00’40” W 46.83’ to a point; N 32°59’00” W 65.49’ to a point; N 21°15’00” W 69.09’ to a point; Thence N 4°42’00” W 48.07’ to appoint; N 3°16’50” E 36.03’ to a point; N 2°27’00” W 51.26’ to a point; Thence N 13°47’30” W 52.46’ to a point; Thence N 32°54’10” W 0.45’ to a point; Thence leaving said centerline, N 82°03’00” E passing a 5/8” rebar w/ plastic cap set at 19.76’, a total distance of 257.77’ to a 5/8” rebar w/ plastic cap set; Thence S 9°20’00” E 469.23’ to a 5/8” rebar w/ plastic cap set; Thence 876°39’10” W passing a 5/8” rebar w/ plastic cap set at 207.34’, a total distance of 221.66’ to the point of beginning, containing 2.708 acres, more or less, and being shown upon that certain plat made as a result of survey by Jason Woods, dated April 26, 2010.
The property herein conveyed is the same tract conveyed unto Brian Deboard by Mitchell Deboard and Peggy Deboard by deed dated of record in the Office of the Clerk of the County Commission of Clay County, West Virginia in Deed Book 206 at page 834.
This conveyance is made subject to the portion of Secondary Route 24/2 which lies within the boundaries of the above described tract of 2.708 acres.
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.
This sale is made subject to, and where applicable, the Purchaser herein shall have the benefit of the exceptions, reservations, rights of way, easements and provisions contained in the foregoing deeds of record.
This sale is further made subject to any and all terms of any other deeds constituting the chain of title. The aforesaid tract, and sale thereof, are subject to rights of way or easements and all prior reservations, exceptions, restrictions and agreements affecting the premises which are of record in said Clerk’s Office or which would be disclosed by a careful inspection of the premises and any unpaid real estate taxes.
Said sale is further made subject to any prior reservations of coal, oil or gas, minerals, and mining, drilling and production rights pertinent thereto. No representation or warranty as to the status of title to the aforesaid property, nor the status of any appurtenances or rights pertaining thereto is given.
TERMS OF SALE
Cash in hand on day of sale, and subject to any and all unpaid or unassessed property taxes against said real estate.
The undersigned Trustee reserves the right to continue, cancel, or postpone the sale of said real estate and property from time to time, and to reject all bids if deemed inadequate as he may determine necessary, without notice other than oral proclamation of said postponement, continuation or cancellation at the advertised time and place of said sale.
Dated at Buckhannon, West Virginia, this ___ day of March, 2016.
Terry D. Reed, Substitute Trustee
P.O. Box 310
Buckhannon, West Virginia 26201
304-472-1565