By virtue of the authority vested in her by that Deed of Trust and Consumer Security Agreement described below and default having been made under the aforementioned Deed of Trust and Consumer Security Agreement the Substitute Trustee, Holly S. Planinsic, having been instructed by the Beneficiary to foreclose thereunder, will offer for sale at public auction the real estate and personal property hereinafter described, which sale will be conducted at the front steps of the Upshur County Courthouse, located at 38 West Main Street, Buckhannon, West Virginia, on Tuesday, April 5, 2016, at 3:00 p.m.
The Beneficiary has elected to appoint Holly S. Planinsic as Substitute Trustee by a Substitution of Trustee recorded in the Clerk of the Upshur County, West Virginia, in Deed of Trust Book 574, at page 418 under that certain Deed of Trust, dated April 11, 2012, and duly recorded in the Office of the Clerk of the County Commission of Upshur County, West Virginia, in Deed of Trust Book 533, at page 674, wherein Kenneth B. McGee and Melissa J. McGee, husband and wife, did convey unto Randall C. Levine, Trustee, certain real and personal property described in said Deed of Trust for the benefit of Progressive Bank, N.A., Beneficiary.
The Substitute Trustee shall sell together the following described parcel of real estate, with improvements, easements and appurtenances thereunto belonging, including, but not limited to the mobile home described below and in that certain Consumer Security Agreement dated April 11, 2012, situate in the Meade District, Upshur County, West Virginia, and being more particularly bounded and described as follows, to-wit:
REAL PROPERTY
That certain lot, tract or parcel of land, together with the improvements thereon and the appurtenances thereto belonging, situate in Meade District of Upshur County, West Virginia and being more particularly bounded and described as follows:
Beginning at a poplar tree at the side of the Big Bend Road and corner to Joe Phillips; thence in a northern direction with the said Joe Phillips’ line and on a straight course a distance of 14 rods and 7 inches to a locust post in the said Joe Phillips’ line; thence in a westerly direction at approximately a right angle to the first line, a distance of 12 rods, 3 feet and 5 inches to a depression or hole in a large rock in the George Lane line; thence in a southerly direction with the George Lane line a distance of 11 rods to a stake at the side of the Big Bend Road; thence in an easterly direction and with said road a distance of 10 rods, 5 feet and 6 inches to the beginning, containing one acre, more or less.
And being the same real estate which was conveyed from Bulah Imogene Lemons and Cletus Lemons, husband and wife, unto Kenneth McGee and Melissa McGee, husband and wife as joint tenants with the right of survivorship, by deed dated March 8, 2006, of record in the Office of the Clerk of the County Commission of Upshur County, West Virginia in Deed Book 458 at page 457.
This conveyance is made subject to all conveyances, reservations, exceptions, rights of way or easements which affect the premises and the real estate hereby conveyed which are matters of record, or which would be disclosed by an inspection and/or survey of the premises.
The said parties of the first part hereby covenant and agree that they shall not remove or contract for removal any of the timber on the property herein conveyed without first obtaining the express written consent of the Secured Party. If all or any part of the timber on the property is sold or removed without the Secured Party’s prior written consent, the Secured Party may, at its option, require immediate payment in full of all sums secured by this Security Instrument.
In the event the property herein conveyed is sold under a trust deed or other lien having priority over this deed of trust, the parties of the first part hereby assign, grant and set over to the said Secured Party all right, title and interest in any residue of the sale money remaining in the hands of the Trustee or party making such sale under such prior deed of trust or other priority lien, after payment of the debt secured by said prior trust deed or other lien and after payment of all costs anc. expenses of enforcing said prior trust deed or other lien, in an amount equal to the balance due on the note and debt secured by this trust deed. It being understood by Secured Party that any monies received by virtue of this assignment, from the residue of the sale money, shall be considered a payment on the note and debt secured by this deed of trust.
PERSONAL PROPERTY
2004 Fleetwood FH Mobile Home
(Serial Number VAFL319B592204113)
The above-referenced tract of real estate and personal property will be conveyed together, in one sale with no covenants of warranty, and subject to all covenants, restrictions, easements, rights of way, reservations, exceptions, leases which may be a matter of record in the aforesaid Clerk’s office or visible upon the ground, all prior liens and encumbrances, including, without limitation, liens for real estate taxes, assessments, service fees, and utility charges and further to any matters which would be disclosed by an inspection or accurate survey of the real estate. The purchaser at the sale shall be responsible for paying any outstanding real estate and personal property taxes, title transfer fees, sales tax, recording costs and also the excise tax on the privilege of transferring real property.
The subject property will be sold in “AS IS” condition. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
TERMS OF SALE: The successful bidder shall pay ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the purchase price in cash or certified funds at the time of the auction/sale and the balance shall be due within thirty (30) days.
PERSONAL TAX LIEN: In the event there are federal tax liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for the redemption under local law, whichever is longer.
The Substitute Trustee may continue or postpone the sale by public announcement at the time and place designated or by posting a notice of the same and without further notice, and act by agent in the execution of the sale. The Substitute Trustee shall have the right to reject any bid or bids which the Substitute Trustee, in her sole discretion, deems inadequate. The substitute Trustee further has the right in her sole discretion to sell the real property and personal property separately. The Beneficiary reserves the right to purchase the property at such sale.
Dated the 11th day of March, 2016.
Holly S. Planinsic, Substitute Trustee
HMHY92428
3/15, 3/22