FRIDAY, SEPTEMBER 25, 2015, AT 10:00 A.M.
The herein described real estate of Wesley Richard Walls, who is one and the same person as Richard Walls, and Sandra K. Walls, who is one and the same person as Sandra Walls, his wife, shall be sold at public auction on the Courthouse steps in Romney, Hampshire County, West Virginia, on Friday, September 25, 2015, at 10:00 a.m.
Said real estate will be sold pursuant to the authority vested in the undersigned, by the provisions of that certain Deed of Trust executed by Wesley Richard Walls, who is one and the same person as Wesley R. Walls and Richard Walls, and Sandra K. Walls, who is one and the same person as Sandra Walls, his wife, unto Mark H. Wright or Bradford Ritchie, Trustees, to secure unto Summit Community Bank, a banking corporation, the beneficial owner of that certain Deed of Trust dated the 9th day of November, 2012, and of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Deed of Trust Book 550, at Page 785; with the undersigned, William C. Keaton, as Substitute Trustee, pursuant to that certain Deed of Appointment for Substitution of Trustee, of record in the aforesaid Clerk’s Office in Deed of Trust Book 588 at Page 356. Default having occurred relative to the covenants and conditions as set forth in said Deed of Trust, and the undersigned Substitute Trustee, having been instructed in writing by the beneficial owner so to do, will offer the hereinafter described real estate for sale at public auction to the highest responsible bidder at the front door of the Courthouse in Romney, Hampshire County, West Virginia, on Friday, September 25, 2015, at 10:00 a.m., which said property is more particularly described as follows:
FIRST PARCEL: All that certain tract or parcel of real estate located on the west side of Route 29, 1/4 mile south of the intersection of Route 29 and County Route 3, known as Springfield Grade Road, near the Town of Slanesville, West Virginia, which tract lies in Gore District, Hampshire County, West Virginia, and contains 115.98 acres, more or less, and which said parcel is designated as Tract A on that certain Property Description as prepared by Gary Hedrick, LLS, of Geodetic Positioning Services, dated December 10, 1997, a copy of which said Description of Survey is of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Deed Book No. 379 at Pages 804 and 805, and reference is further made to that certain Plat of Survey of said parcel for Richard and Sandra Walls, which said Plat is recorded in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Map Book No. 8, at page 126, and which said plat is, by reference, made a part hereof for a more particular description of said property. Said Description of Survey and Plat of Survey are by reference made a part hereof for all pertinent and proper reasons, including a more particular metes and bounds description.
LESS, HOWEVER, that certain outconveyance of 2.00 acres, more or less, situate in Gore District, Hampshire County West Virginia, which was conveyed by Wesley R. Walls and Sandra K. Walls, his wife, unto Sherri C. Spaid and Justin S. Spaid, her husband, by deed dated January 9, 2007, and which said deed is of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Deed Book No. 462, at page 104. Said Deed is by reference made a part hereof for a more particular description of said outconveyance and for all pertinent and proper reasons.
THUS LEAVING for purposes of this conveyance 113.98 acres, more or less, according to the Hampshire County Land Books, and this conveyance is made in gross and not by the acre.
Said real estate is depicted on the 2015 Hampshire County Land Books as being Tax Map 33 Parcel 2.
And being a portion of the same real estate which was conveyed unto Wesley Richard Walls and Sandra K. Walls, his wife, by deed of Donald O. Sowers and Donald Greg Sowers, dated December 15, 1997, and is of record in said Clerk’s Office in Deed Book No. 379, at page 802.
SECOND PARCEL: All that certain tract or parcel of real estate containing 74.785 acres, more or less, situate in Gore District, Hampshire County, West Virginia, lying on the Southwest side of West Virginia County Numbered Route 3, approximately one mile north of West Virginia Numbered Highway 29, being more particularly bounded and described as set forth on that certain Plat of Survey as “Tract C” for Edwards Family Farm, Inc., and Description of Survey, as prepared by Charles R. Byers, Licensed Land Surveyor, dated September 9, 1999, a copy of which said Description of Survey is of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Deed Book No. 396 at Page 764 et seq, and a copy of which said Plat of Survey is of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Map Book No. 9, at page 77. Said Description of Survey and Plat of Survey are by reference made a part hereof for all pertinent and proper reasons, including a more particular metes and bounds description.
Said real estate is depicted on the 2015 Hampshire County Land Books as being Tax Map 34 Parcel 12.5.
And being the same real estate which was conveyed unto Wesley Richard Walls and Sandra K. Walls, his wife, by deed of Edwards Family Farm, Inc., a West Virginia Corporation, dated September 16, 1999, and is of record in said Clerk’s Office in Deed Book No. 396, at page 761.
THIRD PARCEL: All that certain tract or parcel of land, together with the improvements thereon, and all rights, rights of way, easements, minerals, oil and gas, and appurtenances thereunto belonging, situate and being in Bloomery District, Hampshire County, West Virginia, and being more particularly described by metes and bounds according to that certain survey of Allen G. Clem, dated April 17, 1972, which said Plat of Survey of is of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Deed Book No. 196, at Page 111, and which said real estate is more particularly bounded and described as follows:
“Beginning at a pipe set on the north side of State Route 45, a corner with Robert S. Weaver, thence with the north side of aforesaid Route 45, S. 55 ll’ 57” W., 45.84 feet to a concrete monument, thence S. 36 21’ 31” E., 10.06 feet to a concrete monument; thence S. 53 13’ 28” W., 999.59 feet to a concrete monument; thence S. 36 46’ 32” E., 10.00 feet to a point; thence S. 53 12’ 01” W., 1008.51 feet to a pipe set at the corner of Tract #2; thence with the lines of aforesaid tract, N. 36 47’ 59” W., 648.79 feet to a pipe; thence S. 50 10’ 42” W., 235.49 feet to a planted stone, a corner with Glenn Kidwell; thence with the lines of said Kidwell, N. 63 21’ 24” West 296.76 feet to a pipe set on the south side of State Route # 45/6, said pipe being on the south side of the old road; thence with the south side of said old road and Riley Baker’s lines, N. 47 44’ 35” E., 266.65 feet to a pipe; thence N. 01 46’ 50” W., 96.15 feet to a pipe set on the south side of aforesaid road; thence with the aforesaid State Route, N. 33 04’ 12” E., 157.34 feet to a pipe; thence N. 13 28’ 09” E., 260.81 feet to a pipe; thence N. 00 55’ ll” W., 144.61 feet to a pipe at the corner with Robinson Necomb; thence with aforesaid Newcomb’s lines, S. 60 35’ 10” E., 703.73 feet to a pipe set in a stone pile; thence N. 49 46’ 12” E., 113.95 feet to a marked 34” chestnut oak, a corner with Robert S. Weaver; thence with aforesaid Weaver’s line, S. 55 32’ 35” E., 791.68 feet to the beginning, and containing 40.00 acres, more or less.”
And being a portion of the same real estate which was conveyed unto Wesley Richard Walls and Sandra Walls, his wife, who is one and the same person as Sandra K. Walls, by deed of Allan R. Deem and LaRue Deem, his wife, by deed dated March 12, 1992, and of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Deed Book No. 333, at page 333.
FOURTH PARCEL: All that certain tract or parcel of land situate in Bloomery District, Hampshire County, West Virginia, on the southeast side of County Route 45/6 and is bounded by the land of Troy Sirbaugh (Deed Book 411, page 261) on the east, the land of Wesley Richard and Sandra Walls (Deed Book 333, page 333) on the southeast and southwest, the remaining land of Daniel Frank Hartsook (Deed Book 435, page 675) on the northwest, and the land of Quaker Woods, Inc. (Deed Book 224, page 317 on the northeast, containing 10.28 acres, more or less, and being more particularly bounded and described as shown on that certain Description of Survey and Plat of Survey for Wesley Richard Walls and Sandra Walls, as prepared by Edward J. Mayhew, P.S., dated October 27, 2006, a copy of which Description of Survey is of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Deed Book No. 460 at Pages 388 and 389 and said Plat of Survey is of record in the aforesaid Clerk’s Office in Deed Book No. 460 at Page 390. Said Description of Survey and Plat of Survey are made a part hereof for all pertinent and proper reasons, including a more particular metes and bounds description of the real estate herein conveyed.
And being the same real estate which was conveyed unto Wesley Richard Walls and Sandra Walls, his wife, who is one and the same person as Sandra K. Walls, by deed of Daniel Frank Hartsook, by deed dated November 1, 2006, and of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Deed Book No. 460, at page 386.
Said Third Parcel and Fourth Parcel have been heretofore merged to create that certain 50.28 acre parcel, which is depicted on the 2015 Hampshire County Land Books as Tax Map 7 Parcel 12.2.
FIFTH PARCEL: All that certain tract or parcel of land, together with the improvements thereon, and all rights, rights of way, easements, minerals, oil and gas, and appurtenances thereunto belonging, situate and being in Bloomery District, Hampshire County, West Virginia, and being more particularly described by metes and bounds according to that certain survey of Allen G. Clem, dated January 17, 1973, which said Plat of Survey of is of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Deed Book No. 201, at Page 264, and which said real estate is more particularly bounded and described as follows:
“Beginning at a pipe set on the east side of State Route 45/6, a corner with Robinson and Carolyn Newcomb; thence with said Newcomb’s line S. 56 04’ 50” E., 763.77 feet to a pipe in a stone pile, a corner with Arlen and Jane Bee’s other land; thence with said Bee’s line N. 60 35’ 10” W., 703.74 feet to a pipe set on the east side of State Route 45/6; thence with said road N. 14 27’ 21” W., 83.23 feet to the beginning and containing 0.48 of an acre, more or less.”
Said real estate is depicted on the 2015 Hampshire County Land Books as being Tax Map 7 Parcel 12.1.
And being a portion of the same real estate which was conveyed unto Wesley Richard Walls and Sandra Walls, his wife, who is one and the same person as Sandra K. Walls, by deed of Allan R. Deem and LaRue Deem, his wife, by deed dated March 12, 1992, and of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Deed Book No. 333, at page 333.
SIXTH PARCEL: All that certain tract or parcel of real estate, situate on Jersey Mountain, in Gore District, Hampshire County, West Virginia, and more particularly described by a recent survey made by G.D. Heavner, County Surveyor, which said Plat of Survey is of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Deed Book No. 194 at Page 486, and is more particularly bounded and described as follows:
“Beginning at an iron pin on east side of Jersey Mountain Road, one of the original corners of the entire tract, and on south side of a private land leading to Kentland Orchard Company property (Ewers Orchard Company property); thence with original line and south side of private land S. 59 E., 1,199.5 feet to an iron pin by post, another original corner; thence S. 47 W., 585.5 feet to an iron pin in fence corner; thence N. 52 30 W., 1038 feet to an iron peg on each side of Jersey Mountain Road N. 25 E., 468 feet to the beginning, containing 14.36 acres.”
LESS, HOWEVER, that outconveyance of 1 acre from Richard Walls and Sandra Walls, his wife, unto Carl M. Farren, et ux, dated April 30, 1975, and of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Deed Book No. 211, at Page 375.
THUS, LEAVING, for purposes of this conveyance, 13.36 acres, more or less.
Said real estate is depicted on the 2015 Hampshire County Land Books as being Tax Map 8 Parcel 7.2.
Said 13.36 acre parcel being the remaining portion of the same real estate conveyed unto Richard Walls, who is one and the same person as Wesley Richard Walls, and Sandra Walls, his wife, who is one and the same person as Sandra K. Walls, by deed of Hazel A. Mulledy and Harold F. Mulledy, dated December 15, 1971, and of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Deed Book No. 194, at page 483.
SEVENTH PARCEL: All that certain tract or parcel of real estate containing 3.000 acres, more or less, situate in Bloomery District of Hampshire County, West Virginia, on the drains of North River and is located on the southeast side of West Virginia County Route No. 29 about 55 feet south of the intersection of West Virginia County Route No. 45/17 and West Virginia County Route No. 45/6 with West Virginia County Route 29, which tract of land has a frontage on West Virginia Route 29 of 371.26 feet, and is more particularly bounded and described that certain metes and bounds description of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Deed Book 413 at Pages 634 – 637, and also by that certain Plat of Survey, prepared by Rickie C. Davy, Surveyor, dated December 7, 1983, and of record in the aforesaid Clerk’s Office in Deed Book 268 at Page 199. Said metes and bounds description and Plat of Survey are by reference made a part hereof for all pertinent and proper reasons. Said real estate is depicted on the 2015 Hampshire County Land Books as Tax Map 7 Parcel 27.
And being the same real estate which was conveyed unto Richard Walls, who is one and the same person as Wesley Richard Walls, by deed of Kathleen H. Walls, widow, dated April 16, 2002, and of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Deed Book 413 at Page 633.
The property will be conveyed in an “AS IS” condition by Deed containing no warranty, express or implied, subject to the Internal Revenue Service right of redemption, all property taxes, prior Deeds, liens, reservations, encumbrances, restrictions, rights-of-ways, easements, covenants, conveyances and conditions of record in the aforesaid Clerk’s Office or affecting the subject property.
The Beneficiary and/or the Servicer of the Deeds of Trust and Note reserve the right to submit a bid for the property at sale.
The Substitute Trustee reserves the right to continue sale of the subject property from time to time by written or oral proclamation, which continuance shall be in the sole discretion of the Substitute Trustee.
The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate said 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.
Terms of the sale are 10 percent cash down to be paid on day of sale, and the balance to be paid by certified or cashiers check within 30 days of the date of the sale.
For further information and/or viewing, contact William C. Keaton, Attorney at Law, 56 East Main Street, Romney, West Virginia, 304-822-4187.
All announcements made on the day of sale take precedence over any printed material.
William C. Keaton, Substitute Trustee
56 East Main Street
Romney, West Virginia 26757
304-822-4187
WVSB #7182
9-9-3c
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