Legal 3 col x 12”
0324 0407
SUBSTITUTE TRUSTEE’S NOTICE OF SALE
OF VALUABLE REAL ESTATE
SITUATE IN CITY OF PARSONS,
TUCKER COUNTY, WEST VIRGINIA
NOTICE IS HEREBY given to you that pursuant to the authority vested in the Substitute Trustee, Pat A. Nichols, pursuant to that certain Deed of Trust dated March 23, 2007 and recorded in the Office of the Clerk of the Tucker County Commission in Deed of Trust at Page 628 which was executed by James B. Kalar and Kayla M. Kalar, husband and wife, securing Mountain Valley Bank, N.A. in the payment and performance of certain obligations set forth therein, and default having been made under the aforementioned Deed of Trust whereas the undersigned Substitute Trustee, Pat A. Nichols, having been appointed by instrument recorded in Misc. Book 304 at page No. 125 thereunto and the maker of the said note and obligation having failed to pay the obligation as provided under the terms of the above referenced Deed of Trust and note, and the holder of said Deed of Trust and Note having declared the whole of said indebtedness to be due and payable and having requested the undersigned Substitute Trustee in writing to make sale of the following two (2) parcels of real estate situate in the Black Fork District, Tucker County, West Virginia, described as follows:
TRACT NO. 1: The said parties of the first part do grant, bargain, sell and by these presents
convey with covenants of General Warranty of title, unto the said party of the second part, the
same real estate conveyed unto Gay Henry by Maggie Nestor, by deed dated May 29, 1942, of
record in the Office of the Clerk of the County Commission of Tucker County, West Virginia, in
Deed Book 54, at page 325, more particularly described as follows:
Beginning at a stake and small white oak pointers, north ·of the public road, the northwest corner
of Rachel McNealy’s twenty-five acre tract of land; thence with a line of Clark and McNealy’s ten
and one half acre tract, bought by them of L.E. Goff and P.B. Goff, North 38-1/2 E 127 feet to a
stake with black oak pointers; thence N 52-1/2 W 86 1/2 feet to a small stump on the bank of the
road; thence with the road S 22-1/2 W 108 feet to a stump at the forks of the road, with white oak
pointers; thence with the road S 36 E 56 feet to the beginning, containing 29 rods, be the same
more or less.
TRACT NO. 2: The said parties of the first part do grant, bargain, sell and by these presents
convey with covenants of Special Warranty of title, unto the said party of the second part, all those
two lots or parcels of land purchased by Gay Henry from Maggie Nestor, by deed dated June 8,
1942, and not of record, more particularly described as follows:
1st LOT: Beginning at H.H. Sayre’s corner below a spring; thence with the county road N 48-1/4 E
6 2/5 poles to a stone at the forks of the county road; thence with the road 6-1/2 poles to a stake at
the turn of the county road; thence with said county road, N 76 E 6 poles to a chestnut sapling,
H.H. Sayre’s corner; thence with said line S 29-1/2 W 5 2/5 poles to the place of beginning,
containing 2/8 acre, more or less.
2nd LOT: Begining at H.H. Sayre’s southwest corner above the public road; thence N. 56 W 30 feet
to a stake; thence N 42 3/4 E 5 poles to a stake below the county road; thence with the county road
to H.H. Sayre’s northwest corner; thence with the Sayre’s line S 42 1/2 W 5 1/2 poles to the place
of beginning, containing 1/8 acre, more or less.
Being the same two (2) parcels of real estate conveyed to James B. Kalar and Kayla M. Kalar, husband and wife, by deed of Sandra Jean Lawson dated March 16, 2007 and recorded in the Office of the Clerk of the Tucker County Commission in Deed Book 190 at page 578.
TERMS OF SALE
1. The above described real estate will be sold by the undersigned Substitute Trustee at public auction to the highest bidder subject to the right of the undersigned Substitute Trustee to reject any and all bids if, in his opinion, said bids are inadequate.
2. The owner of the indebtedness secured by the Deed of Trust shall have the right to bid at the public sale; and
3. Cash in hand on day of sale of 10% of the purchase price paid by Certified check or by a letter of credit from a leading institution on day of sale delivered to the Substitute Trustee and approved by the said Substitute Trustee.
4. The sale of the real estate will be made subject to all matters having priority over the Deed of Trust referred to herein including but not limited to any and all assessments and taxes against said property, all prior liens, encumbrances, lease, restrictions, covenants, conditions, rights of way and easements of any nature whatsoever. The above sale shall be subject to the redemption rights of the Internal Revenue Service as set forth in 11 U.S.C. §7425, and also subject to any and all unpaid real estate taxes or encumbrances and claims in favor of any municipality, county, or government entity, or other party, if any, and also further subject to any covenants, restrictions, conditions, reservations, rights-of-way and easements recorded in the aforesaid Clerk’s Office prior to the Deed of Trust and affecting the subject real estate as well as any prescriptive easements that are unrecorded, if any exist.
5. The sale shall be without representation or warranty of any kind, express or implied, and the Deed to be issued in this matter shall be in the form prescribed by WV Code § 38-1-6 upon receipt of the purchase price.
6. The undersigned Trustee reserves the right to continue the public sale or to adjourn the public sale for a time or from time to time without further notice other than oral public announcement at the time and place of sale as hereinabove set forth or at any Continuance of Adjournment thereof.
7. Any personal property on the property shall be considered abandoned and disposed of accordingly by the successful bidder.
8. The terms of the sale shall be 10% down of purchase price or approval of the secured party. Closing shall occur within 15 days after the sale unless extended by the parties.
9. The successful purchaser shall pay all recording costs and transfer stamps.
10. Such sale shall be subject to any unpaid liens or real estate taxes, including any Federal or State Tax Liens.
DATE OF SALE
The above real estate will be sold at public sale on:
Wednesday, April 28, 2021
AT
10:00 A.M.
The sale will take place at the Front Door of the old Tucker County Court House, 215 1st Street, Parsons, WV 26287. The Public Sale shall be made WITHOUT WARRANTY OF TITLE of any nature. Any questions regarding the Public Sale should be directed to the undersigned Substitute Trustee:
Pat A. Nichols
Attorney At Law
PO Box 201
Parsons, West Virginia 26287
34-478-2127
[email protected]
State Bar #2734
Given under my hand this the 11th day of March, 2021.