TRUSTEE’S SALE OF VALUABLE REAL ESTATE
February 27, 2016, at 10:00 a.m.
Notice of Trustee’s Sale is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, Jonathan G. Brill, by that certain Deed of Trust dated March 22, 2012, executed by Borrowers, Joshua R. Timbrook and Debra A. Timbrook, to FNB Bank, Inc., Lender, of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia in Trust Deed Book 540 at Page 24. Jonathan G. Brill was appointed as Substitute Trustee by that certain SUBSTITUTION OF TRUSTEE dated February 19, 2014, of record in the aforesaid Hampshire County Clerk’s Office in Trust Deed Book 569 at Page 260. The Borrowers have defaulted under the terms of the underlying promissory note and the terms and covenants of the aforesaid Deed of Trust and, therefore, the Trustee has been instructed, in writing, to foreclose under the Deed of Trust. Accordingly, the Trustee will sell the following described real estate, at public auction and to the highest bidder, at the front door of the Hampshire County Courthouse at the corner of Main Street and High Street, Romney, Hampshire County, West Virginia on:
SATURDAY FEBRUARY 27, 2016 AT 10:00 a.m.
The real estate being sold is more particularly described as follows:
FIRST PARCEL:
All that certain tract or parcel of real estate containing 4.727 acres, more or less, located about 5 1/2 miles south of the Town of Romney, and about 1/2 mile east of State Route 50/8, in Sherman District, Hampshire County, West Virginia, and being more particularly described as follows: “Beginning at a marked White Oak, in a line of Stanley Combs (Deed Book No. 130, at Page 308) and at a corner with Kirk Lockwood (Deed Book No. 182 at Page 560), thence with a line of aforesaid Lockwood S. 62 45’ 30” E. 395.00 feet to a 1/2 inch rebar, a corner with Daniel C. Liller (Deed Book 202 at Page 216), thence with aforesaid Liller’s line S. 34 34ʹ 2ʺ W. 544.55 feet to a 1/2 inch rebar set in a line of Martha E. Jackson (Deed Book No. 142 at Page 90), thence with aforesaid Jackson’s line, N. 54 44ʹ 3ʺ W. 395.00 feet to a found Iron Pin, a corner with aforesaid Combs (Deed Book No. 130 at Page 308), thence with the aforesaid Combs lines, N. 35 48ʹ 0ʺ E. 285.83 feet to a point, thence N. 34 40ʹ 3ʺ E. 128.70 feet to a point, thence N. 32 30ʹ 3ʺ E. 97.5 feet to the beginning, containing 4.727 acres, more or less. And being a portion of the 27.52 acre tract that was surveyed by George D. Heavener in 1971, and as surveyed by Allen G. Clem, LLS, dated February 22, 1977, which plat is of record in the aforesaid Clerk’s Office in Deed Book 338 at Page 296.”
SECOND PARCEL:
All that certain tract or parcel of real estate containing 16.534 acres, more or less, lying along the East side of Route 50/8, Heide Cooper Road, about 2 1/2 miles South of its intersection with U.S. Route 50, situate in Sherman District, Hampshire County, West Virginia, and being more particularly described as follows: “Beginning at a railroad spike in the center of Route 50/8, a corner to land of Kirk Lockwood, thence with Lockwood, S. 45 19 04 R/ 647.31 to an Axle at a fence corner just West of a small drain, corner to the 35 acre tract of Daniel C. Liller, thence with said tract S. 34 45 56 W. 635.05 to a marked White Oak, corner to a 4.727 acre tract of Gary D. Liller, thence with said tract, S. 33 54 46 W. 509.66 to an iron pin at a fence corner, in a line of land of Robert D. Grose, thence with Grose N 58 26 42 W. 380.37’ to a 5/8 “ rebar set in said line, thence with 2 new lines of division N. 34 16 27 E. 360.46’ to a 5/8” rebar N. 51 17 44 W. 358.68 to a railroad spike set in the center of Route 50/8, thence with the road N. 42 24 00 E. 165.85 N. 39 48 35 E. 88.47’, N. 37 25 27 E. 108.74’, N. 42 56 23 E. 165.35’, N. 41 08 16 E. 266.71 to the beginning, containing 16.53 acres, more or less, as surveyed by Frank A. Whitacre, dated March 18, 1982, which plat is of record in the aforesaid Clerk’s Office in Deed Book 338 at Page 297.”
Less, however, that certain tract or parcel of real estate containing 1.00 acres, more or less, conveyed unto Robin S. Christensen by Deed of Glen D. Smith, Jr., and Betsy Bartlett Smith, dated May 20, 2002, of record in the aforesaid Clerk’s Office in Deed Book 338 at Page 291.
Thus leaving, by calculation, 15.534 acres, more or less.
THIRD PARCEL:
All that certain tract or parcel of real estate containing 35.00 acres, more or less, situate on the West side of Heide Cooper Road, Sherman District, Hampshire County, West Virginia, being more particularly described as follows: “Beginning at a stone an original corner of the 71.6 acre tract of which this is a part of; thence with the original line N. 52 degrees 30’ W. 34 poles to a stone, original corner; thence leaving the original line and through the 71.6 acres tract N. 79 degrees W. 40.5 poles to the 8th line of the tract of which this is a part; thence with the original line, S. 33 degrees W. 23 poles; S. 31 degrees 30’ W. 14.0 poles; S. 61 degrees E. 102 poles to a stake; thence with the original line N. 19 degrees 15’ E. 52.9 poles to the beginning, containing 35.00 acres, more or less.”
FOURTH PARCEL:
All that certain tract or parcel of real estate containing 27.52 acres, more or less, situate near Heide Cooper Road, Sherman District, Hampshire County, West Virginia, and being more particularly described as follows: “Beginning at a white oak, a corner to Kirk Newmark, thence with Newmark S. 61 E. 102 poles to an iron pin in the line of Herbert Loy; thence with Loy S. 19 15 W. 53 poles to a stone near a white oak and in the line of Charles Haines; thence with Haines N. 71 30 W. 45.2 poles to a stone in the line of Hayward Jackson; thence with Jackson N. 09 15 E. 28.5 poles to a stone; thence continuing with Haywood Jackson N. 29 15 W. 54 poles to an iron pin, thence N. 35 05 E. 17.6 poles to a pin; thence N. 33 10 E. 7.8 poles to a pin; thence N. 31 E. 5.8 poles to the beginning, containing 27.52 acres, more or less.”
Less, however, that certain tract or parcel of real estate containing 4.727 acres, more or less, and being the same real estate which was conveyed unto Gary D. Liller and Diana L. Liller, his wife, by Deed of Daniel C. Liller and Carrier T. Liller, his wife, dated February 23, 1977 of record in the aforesaid Clerk’s Office in Deed Book 221 at Page 336, said 4.727 acres, more or less, being a part of the aforesaid 27.52 acres tract or parcel of real estate.
Thus leaving, by calculation, 22.79 acres, more or less.
The First, Second, Third, and Fourth Parcels being all of the same real estate that was conveyed unto Joshua R. Timbrook by deed of Richard A. Pill and David D. Pill, Substitute Trustees, by deed dated August 31, 2009, of record in the aforesaid Clerk’s Office in Deed Book 486 at Page 506.
FIFTH PARCEL:
All that certain tract or parcel of real estate, lying and being situate along the southeast side of Route 50/8, about 3.3 miles southwest of Route 50, situate in Sherman District, Hampshire County, West Virginia, originally containing 17.950 acres, more or less, more particularly described on that certain Description of Survey prepared by Frank A. Whitacre, LLS, dated June 9, 1998, of record in the aforesaid Clerk’s Office in Deed Book 301 at Page 438.
Less, however, that certain tract or parcel of real estate containing 8.803 acres, more or less, being the same real estate which was conveyed unto Joshua R. Timbrook and Debra A. Timbrook, his wife, by deed of Ray Worthington and Jo Ann Worthington, Husband and Wife, dated the 7th day of October, 2004, of record in the aforesaid Clerk’s Office in Deed Book 437 at Page 175. A Plat of Survey of said 8.803 acre parcel is of record in the aforesaid Clerk’s Office in Deed Book 437 at Page 178, and by reference is made a part of hereof for all pertinent and proper reasons, including a more particular metes and bounds description of said real estate.
Thus, leaving approximately 9.867 acres, more or less.
And being the same real estate conveyed unto Joshua R. Timbrook and Debra A. Timbrook, his wife, by deed of Ray Worthington and Jo Ann Worthington, his wife, dated August 30, 2005, of record in the aforesaid Clerk’s Office in Deed Book 447 at Page 229.
SIXTH PARCEL:
All those four certain tracts or parcels of real estate situate in Sherman District, Hampshire County, West Virginia, known and designated as Tract No. 8, 9, 10, and 11 of the Jackson Hollow Addition, containing 2.265 acres, 3.125 acres, 3.070 acres, and 3.070 acres, more or less, respectively, as shown on that map or plat of Jackson Hollow Addition, said map or plat being of record in the aforesaid Clerk’s Office in Map Book 3 at Page 2, reference being hereby made to said map and the same is incorporated herein and made a part hereof for a more particular metes and bounds description of the real estate.
And being the same real estate conveyed unto Joshua R. Timbrook by deed of William A. Jackson and Patricia L. Jackson, his wife, dated the 7th day of April, 2006, of record in the aforesaid Clerk’s Office in Deed Book 454 at Page 531.
The real estate will be conveyed in “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-way, easements, covenants, conveyances, and conditions of record in the aforesaid Clerk’s Office or affecting the aforesaid real estate.
The Beneficiary of the Deed of Trust and Note reserves the right to submit a bid for the real estate being offered for sale at the sale.
Each tract of land may be sold individually, collectively, and in any order. The Trustee will declare the real estate sold to the bidder offering the highest bid for the real estate being sold, whether as a unit or individually.
The Trustee further reserves the right to continue the sale from time to time by written or oral proclamation, which continuance shall be in the sole discretion of the Trustee.
The Trustee shall be under no duty or obligation to cause any existing tenant or person occupying the real estate to vacate the aforesaid real estate, and any personal property or belongings remaining on the real estate after the sale will be deemed to constitute abandoned property and will be disposed of.
Terms of the sale are ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) cash down to be paid on the day of the sale, and the balance to be paid within 30 days of the date of the sale. The successful bidder shall be responsible for all costs associated with the transfer of the real estate.
To receive further information regarding the real estate and the sale, contact Jonathan G. Brill, Attorney at Law, PO Box 932, Romney, West Virginia, 304-822-7110.
All announcements made on the day of the sale take precedence of any printed material.
Given under my hand on January 29, 2016.
Jonathan G. Brill, Substitute Trustee
WV State Bar ID 11316
82 W Main Street
Romney, WV 26757
304-822-7110
2-10-3c
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