TRUSTEES’ SALE
OF VALUABLE
REAL ESTATE
117 Smith Road,
Barrackville, WV 26559
The undersigned Trustees, by virtue of the authority vested in them by that certain deed of trust dated June 30, 2009, and duly recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed of Trust Book 957, at page 406, Derek G. Lodge and Amy Fleeman did convey unto Larry F. Mazza and James O. Watkins, Trustee, certain real property described in said deed of trust; and the beneficiary has elected to appoint Terra Abstract Trustee West Virginia, Inc. as substitute Trustees by a Substitution of Trustee recorded in the aforesaid Clerk’s Office; and default having been made under the aforementioned deed of trust and the undersigned Trustees, having been instructed by the secured party to foreclose thereunder, will offer for sale at public auction at the front door of the Marion County Courthouse, Adams Street, Fairmont, West Virginia 26554 on:
October 12, 2015
At 10:30 AM
All that certain lot or parcel of real estate, together with the improvements thereon and the appurtenances thereunto belonging, situate on the waters of Ice`s Run, Fairmont District, Marion County, West Virginia, and more particularly described as follows: BEGINNING at a stake N.E. corner of Parcel No. One (1), which is 509.19 feet from and S. 2°32` E. of N.W. corner of Tract No. Seven (7); and N. 83° 16` E. of and 304.58 feet from point in West line of above tract-said point being S. 27° 09` W. of and 612.19 feet from N.W. corner of said tract; thence with line of Parcel No. Two (2), S. 29° 21` E. 114.70 feet to stake in North edge of State Road Commission`s right of way; thence with said right of way, S. 73° 37` W. 122.23 feet to a stake; thence S. 78° 31` W. 167.13 feet to a post in edge of said right of way; thence N. 21° 04` E. 29.11 feet to a stake in South edge of Smith Street; thence with said street, N. 38° 11` E. 64.25 feet to stake; thence N. 49° 29` E. 73.66 feet to a stake; thence N. 56° 36` E. 45.00 feet to a stake; thence N. 72° 12` E. 42.70 feet to stake; thence N. 83° 46` E. 40.65 feet to the place of beginning, containing 0.554 acres. Being the same lot or parcel of real estate conveyed to Derek G. Lodge and Amy Fleeman from Courtney A. Hall, formerly Courtney A. Kucish, and Michael W. Hall, wife and husband by Deed dated June 30, 2009, and to be recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia.
The aforesaid property is SUBJECT TO any and all easements, rights-of-way, conditions, covenants and restrictions of record or in existence.
The sale of the foregoing real property will be made subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real estate, subject to all matters disclosed by an examination and inspection of the property, subject to any and all unpaid taxes as recorded against said property, and to any further matters announced at said sale. The property is sold subject to an accurate survey at purchaser’s expense.
The sale of the foregoing real property will also be made expressly subject to any and all other deeds of trust, judgments, liens, and all other encumbrances of any nature whatsoever, if any, having priority over the deed of trust referred to herein.
The Trustees reserve the right to adjourn the sale, for a time, or from time to time, without further notice, by announcement at the time and place of sale describe above or any adjournment thereof. The Trustees reserve the right to reject any and all bids.
The subject property will be sold in “AS IS” condition. The Trustees shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. The Trustees will deliver a trustees’ deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code §38-1-6. The Trustees make no representations and warranties about the title of the real estate to be conveyed. If the Trustees are unable to convey insurable or marketable title to purchaser for any reason, purchaser’s sole remedy is return of deposit.
TERMS OF SALE: $7,000.00 cash in hand at the time of sale in the form of a certified check or cashier’s check made payable to “Terra Abstract Trustee West Virginia, Inc.,” and the balance in cash closing within 30 days of the date of the sale. Purchaser shall pay for transfer stamps and recording fees. Additional terms of sale may be announced prior to the sale.
Terra Abstract Trustee West Virginia, Inc.
55 Meridian Parkway, Suite 108
Martinsburg,
West Virginia 25404
(304) 757-7956
Times: September 25, October 2, 2015