Marion

Bowman Trustee Sale

NOTICE OF
TRUSTEE’S SALE
NOTICE OF TRUSTEE’S SALE and Notice of the Beneficiary/Servicer’s election to sell property is hereby given pursuant to and by virtue of the authority vested in the Trustee by that certain Deed of Trust dated May 15, 2009, executed by Thomas Jason Lee Bowman to Douglas L. Cyphers, Trustee of record in the Office of the Clerk of the County Court for Marion County, West Virginia, in Book 953, Page 349; and Deed of Trust dated July 9, 2010, executed by Thomas Jason Lee Bowman to Alfred J. Lewis, Trustee of record in the Office of the Clerk of the County Court for Marion County, West Virginia, in Book 982, Page 433. Richard V. Snuffer II was appointed as Trustee by SUBSTITUTION OF TRUSTEE dated January 14, 2015 of record in the Clerk’s Office in Book 1107, at Page 515. The borrowers defaulted under the Notes and Deeds of Trust and the Trustee has been instructed to foreclose under the Deeds of Trust. Accordingly, the Trustee will sell the following described property to the highest bidder at the front door of the Courthouse of Marion County, in Fairmont, West Virginia, on:
FRIDAY, FEBRUARY 20, 2015, AT 10:00 A.M.
All of those two (2) certain adjoining tracts or parcels of real estate, together with the improvements, privileges and appurtenances thereunto belonging, situate, lying and being situate on Mods Run, in Lincoln District, Marion County, West Virginia, and being more particularly bounded and described as follows:
FIRST PARCEL: Beginning at a white oak, corner to land now and formerly owned by Ellen Talkington, thence S. 80˚ W. 135-1/2 poles to a stone to land now or formerly owned by J. Wesley Philips and wife; thence N. 20˚ W. 23-1/5 poles to a small maple to said Phillips; thence N. 1˚ W. 16-1/4 poles to pointers to land now or formerly owned by M. V. Millan; thence N. 74˚ E. 56 poles to center of County Road; thence N. 44˚ E. 84 poles to land now or formerly owned by Kintyhtt; thence S. 39-1/4˚ E. 23-3/5 poles to Kintyhtt; and thence S. 12-1/2˚ E. 73 poles to the beginning, containing 50 acres and 147 square poles, more or less.”
SECOND PARCEL: “Beginning at a point in the center of the County Road opposite southeastern abutment of Concrete Bridge across Mod’s Run, and running thence with the line of the school house lot and land now or formerly owned by Belle Phillips, S. 89˚ 30’ W. 459 feet to a set stone, corner to said Belle Phillips; thence N. 18˚ 15’ W. 440 feet to a set stone, corner to said Belle Phillips in line of property formerly owned by F. E. Moore; thence N. 80˚ 30’ E. 808 feet across Mod’s Run to point in center of County Road, corner to land now or formerly owned by F. E. Moore and J. Wesley Phillips; thence S. 15˚ E. 183 feet to a point in County Road; thence S. 9˚ 45’ E. 140 feet to a point in County Road; thence S. 0˚ 15’ E. 430 feet to a point in County Road; and thence S. 50∞ W. 143 feet, crossing Mod’s Run, to the place of beginning, containing 12.55 acres.”
Being the same real estate that was conveyed by Thomas W. Bowman and Pamela C. Bowman, husband and wife, to Thomas Jason Lee Bowman, by a deed dated the 15th day of May 2009 and intended to be recorded simultaneously herewith in the Office of the Clerk of the County Commission of Marion County, West Virginia.
There is excepted and reserved from the above real estate the following parcels:
FIRST EXCEPTED PARCEL: A certain parcel containing 0.55 acres that was conveyed by Robert W. Bowman and Eva Jane Bowman, husband and wife, to Williard E. Stout and wife by deed dated the 1st day of October, 1964, and recorded in the aforesaid Clerk’s Office, in Deed Book No. 662, at page 310.
SECOND EXCEPTED PARCEL: A certain parcel containing 0.25 acres that was conveyed by Robert W. Bowman and Eva Jane Bowman to James Allen Bowman and Linda Bowman by a deed dated the 1st day of March 1967, and recorded in the aforesaid Clerk’s Office in Deed Book No. 711, at page 242, and by a Correction Deed dated 4th day of May 1973, and recorded in the aforesaid Clerk’s Office, in Deed Book No. 769, at page 519.
THIRD EXCEPTED PARCEL: A certain parcel containing 2.54 acres that was conveyed by Eva Jane Bowman, widow, to Donald Edward Wheeler and Della Ann Wheeler, husband and wife, by a deed dated the 24th day of October, 1975, and recorded in the aforesaid Clerk’s Office, in Deed Book No. 789, at page 956.
FOURTH EXCEPTED PARCEL: A certain parcel containing 3 acres that was conveyed by Eva Jane Bowman, widow, to Willard E. Stout and Margaret M. Stout, husband and wife, by a deed dated the 14th day of October, 1976, and of record in the aforesaid Clerk’s Office in Deed Book No. 798, at page 709.
FIFTH EXCEPTED PARCEL: A certain parcel containing 3.652 acre that was conveyed by Thomas W. Bowman and Pamela C. Bowman, husband and wife, to Robert E. Bowman and Cynthia R. Bowman, husband and wife, by deed dated the 20th day of August, 1999, in the aforesaid Clerk’s Office in Deed Book No. 958, at page 235, with plat at page 237.
SIXTH EXCEPTED PARCEL: A certain parcel containing 0.47 acres that was conveyed by Thomas W. Bowman and Pamela C. Bowman, husband and wife, to David J. Talkington and Angela C. Bowman, husband and wife, by deed dated the 13th day of May, 2009, and being recorded in the aforesaid Clerk’s Office in Deed Book No. 1048, at page 779, plat at page 781.
SEVENTH EXCEPTED PARCEL: A certain parcel containing 20.81 acres that was conveyed by Thomas Jason Lee Bowman to Mark W. and Carla J. Talkington by deed dated February 21, 2014, and being recorded in the aforesaid Clerk’s Office in Deed Book No. 1150, at page 254.
The First Parcel & Second Parcels being conveyed hereby are assessed on the Land Books for Lincoln Tax District, Marion County, West Virginia, for the year 2014, as follows:
BOWMAN, Thomas Jason Lee – Map (Area 6) 11-19, Parcel 7,
44.23 Ac. on Mods Run
BOWMAN, Thomas Jason Lee – Map (Area 6) 11-19, Parcel 4,
8.0 Ac. on Mods Run
This conveyance is made subject to all of the exceptions, reservations and conditions which are contained in prior deeds in the chain of title, and also any right of ways and any out conveyances of coal, oil and gas, and other minerals, which the Grantor is subject to in his ownership of this property, only to the same extent that they are still in effect.
Which has the address of 884 Mods Run Road, Mannington,
West Virginia 26582
(Property address”).
The property to be sold as one unit contains 31.42 acres more or less.
Subject to reservations, exceptions, rights of way, and easements that appear of record.
TERMS OF SALE: Cash. (Minimum of 10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c} of sale price on date of sale, balance within ten (10) days or upon delivery of the Deed). Title will be conveyed by Trustee’s Deed upon payment of balance. Minimum acceptable bid will be $41,400.00.
The sale will be “as is” and will be without covenant or warranty of title and will be subject to all property taxes, taxes on the privilege of transferring property and to all existing reservations, restrictions, exceptions, conditions, easements, rights-of-way or other servitudes, if any, made retained or created in prior deeds of record in the chain of title to the property herein described.
The undersigned reserves the right to reject any and all bids and to continue the sale from time to time by announcement made at the time of the sale or any continuance thereof.
The undersigned shall be under no duty to cause any existing tenant or person occupying the property to vacate the property, and any personal property and/or belongings, remaining at the property after the foreclosure sale will be deemed to constitute abandoned property and will be disposed of accordingly.
Dated this 22nd day of January, 2015.
RICHARD. V.
SNUFFER II
State Executive Director
of the Farm Service
Agency for the
State of West Virginia,
Trustee
Times: January 28, February 4, 2015