Legal 3 col x 10”
0731 0807
SUBSTITUTE TRUSTEE’S NOTICE OF SALE OF
VALUABLE REAL ESTATE
SITUATE IN TUCKER COUNTY, WEST VIRGINIA
ST. GEORGE DISTRICT
NOTICE IS HEREBY given to you that pursuant to the authority vested in the undersigned Substitute Trustee, Jaclyn L. Nichols, said Substitute Trustee having been appointed by Mountain Valley Bank, N.A. as Substitute Trustee, which document is recorded in the Office of the Clerk of the Tucker County Commission in Deed of Trust Book 317 at page 290 and pursuant to that certain Deed of Trust executed by Ashley R. Hebb and Robert Jesse Roy, Jr., securing the Mountain Valley Bank, N.A., Elkins, West Virginia, in the payment and performance of certain obligations set forth therein, which Deed of Trust bears date of December 31, 2008, and which Deed of Trust is of record in the Office of the Clerk of the Tucker County Commission, Parsons, West Virginia, in Deed of Trust Book 236 at page 42, and default having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by the secured party of the said Deed of Trust to foreclose thereunto and the makers of the said note and obligations having failed to pay the obligations as provided under the terms of the said 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 said real estate, located in St. George District, Tucker County, West Virginia and described in said Deed of Trust as follows:
Map: 186 Parcel: 12.1
The following piece or parcel of real estate, situate in St. George District, Tucker County, West Virginia, together with any and all appurtenant easements which may benefit same, and being more particularly bounded and described as follows:
Lot No. 4, Beginning at a set 5/8 inch iron rod, located 15 feet east of the center line of Secondary Rt. 9, from which the intersection of Secondary Rt. 9 and Secondary Rt. 9/2 near Laurel Run is N. 56-11 W, 27.52 feet to the west edge of Secondary Rt. 1, thence N 12-45-20 E, 770 feet to the center of the above mentioned intersection, thence from the said 5/8 inch iron pin, with the south boundary of a 18 foot right-of-way reserved by Robert Lipscomb, S 77-03-30 E, 261.97 feet to a set 5/8 inch rod, thence S 17-34-20 W, 104.81 feet to a set 5/8 inch iron rod, thence N 76-37-35 W, 233.09 feet to a 5/8 inch iron rod, set 15 feet east of the center line of Secondary Rt. 9, thence N 1-41-40 E, 104.78 feet to the beginning, containing 25,939.69 square feet.
Being the same parcel of real estate conveyed by Deed of Ashley R. Hebb and Robert Jesse Roy, Jr. to Ashley R. Hebb, dated July 24, 2017, which deed is of record in the Office of the Clerk of the Tucker County Commission in Deed Book 226 at page 46.
I, Jaclyn L. Nichols, Substitute Trustee, shall offer for sale the above-described real estate at public auction at the front door of the Old Tucker County Courthouse, 215 First Street Parsons, Tucker County, West Virginia, 26287 on:
August 13, 2024
At
2:00 P.M.
The real estate and mobile home identified above will be sold in its present (AS IS) condition, and the highest bid may be accepted by the Substitute Trustee, and the Substitute Trustee shall be under no duty to cause any existing tenants and/or persons occupying any of the above-described parcels of real estate to vacate the real estate. Any personal property remaining on the real estate after the date of the public sale will be disposed of and considered abandoned by the successful bidder or bidders.
TERMS OF SALE
1. Cash in hand on day of sale or 10% of the purchase price 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, or such terms as agreed to by the Substitute Trustee.
2. The above-described parcel of real estate will be sold subject to all prior liens senior in priority to the Deed of Trust, described above, the redemption right of the Internal Revenue Service as set forth in 11 U.S.C. Section 7425, and 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, that may exist. The successful bidder shall pay all transfer stamps and recording fees, associated with the deed to be issued by the Substitute Trustee and the successful party shall have twenty (20) days to close the transaction after the public sale.
3. 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.
4. The owner of the indebtedness secured by the Deed of Trust shall have the right to bid at the public sale; and
5. The public sale shall be without representation or warranty of any kind, express or implied, and the Deed to be issued in this matter shall reflect the same and shall be a Special Warranty Deed.
6. Such other terms as may be announced at the time of sale.
The undersigned Substitute 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 or adjournment thereof.
The 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.
Jaclyn L. Nichols
Attorney At Law P.O. Box 201
Parsons, West Virginia 26287
434-409-9426
[email protected]
WVSB 13730
Given under my hand this the 23rd day of July, 2024.
Jaclyn L. Nichols
Substitute Trustee