TRUSTEE’S SALE OF VALUABLE REAL ESTATE
December 29, 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 July 7, 2015, executed by Borrower, Joshua R. 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 587 at Page 77. Jonathan G. Brill was appointed as Substitute Trustee by that certain SUBSTITUTION OF TRUSTEE dated January 14, 2016, of record in the aforesaid Hampshire County Clerk’s Office in Trust Deed Book 593 at Page 788. And further by that certain Deed of Trust dated March 22, 2012, executed by Borrower, 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. And further by that certain Deed of Trust dated August 30, 2005, executed by Borrower, 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 402 at Page 1. Jonathan G. Brill was appointed as Substitute Trustee by that certain SUBSTITUTION OF TRUSTEE dated December 6, 2016, of record in the aforesaid Hampshire County Clerk’s Office in Trust Deed Book 604 at Page 559. The Borrower has defaulted under the terms of the underlying promissory notes and the terms and covenants of the aforesaid Deeds of Trust and, therefore, the Trustee has been instructed, in writing, to foreclose under the Deeds 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:
THURSDAY, DECEMBER 29, 2016 AT 10:00 a.m.
The real estate being sold is more particularly described as follows:
TRACT 1:
The first tract of real estate being offered for sale consists of the following three parcels of real estate:
PARCEL 1:
All that certain tract or parcel of real estate, lying and being situate in Sherman District, Hampshire County, West Virginia, lying just East of Route 50/8 about 3 1/2 miles South of U.S. Route 50, containing 2.12 acres, more or less, more particularly described on that Plat of Survey prepared by Edward J. Mayhew, Professional Surveyor, dated October 6, 2009, of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Deed Book 487 at Page 470, and is more particularly described upon that certain Description of Survey of record in the aforesaid Clerk’s Office in Deed Book 487 at Page 469.
And being a portion of the same real estate conveyed to Joshua R. Timbrook and Debra A. Timbrook, Husband and Wife, by deed of William A. Jackson, et ux., dated January 16, 2004, of record in the aforesaid Clerk’s Office in Deed Book 430 at Page 74. And further being the same tract or parcel of real estate in which Debra A. Timbrook conveyed all her right, title, and interest in the aforesaid real estate unto Joshua R. Timbrook by deed dated July 2, 2015, of record in the aforesaid Clerk’s Office in Deed Book 530 at Page 436.
PARCEL 2:
All that certain tract or parcel of real estate, lying and being situate in Sherman District, Hampshire County, West Virginia, containing 8.083 acres, more or less, more particularly described on that certain Plat of Survey prepared by Richard L. Moreland, Professional Surveyor, dated August 19, 2004, of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Deed Book 437 at Page 178.
And being the same real estate conveyed unto Joshua R. Timbrook and Debra A. Timbrook, Husband and Wife, by deed of Ray Worthington, et ux, dated October 7, 2004, of record in the aforesaid Clerk’s Office in Deed Book 437 at Page 175. And further being the same tract or parcel of real estate in which Debra A. Timbrook conveyed all her right, title, and interest in the aforesaid real estate unto Joshua R. Timbrook by deed dated July 2, 2015, of record in the aforesaid Clerk’s Office in Deed Book 530 at Page 236.
PARCEL 3:
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 Office of the Clerk of the County Commission of Hampshire County, West Virginia, 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 Hampshire County 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 the real estate.
Thus leaving, approximately 9.867 acres, more or less, by calculation.
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. And further being the same tract or parcel of real estate in which Debra A. Timbrook conveyed all her right, title, and interest in the aforesaid real estate unto Joshua R. Timbrook by deed dated July 2, 2015, of record in the aforesaid Clerk’s Office in Deed Book 530 at Page 236.
The foregoing three parcels of real estate merged into one tract pursuant to that certain deed of record in the aforesaid Hampshire County Clerk’s Office in Deed Book 437 at Page 175, and on that certain Plat of Survey dated October 6, 2009, of record in the aforesaid Hampshire County Clerk’s Office in Deed Book 487 at Page 470.
Less, however, that certain tract or parcel of real estate containing 11.39 acres, more or less, conveyed unto Roy F. Oelschlager, Jr., by deed of Joshua R. Timbrook, dated the 5th day of June, 2016, of record in the aforesaid Hampshire County Clerk’s Office in Deed Book 537 at Page 40. This conveyance included a portion of the aforesaid three tracts or parcels of real estate, together with Tract 13 of Jackson Hollow Addition, containing 3.198 acres, more or less, which conveyance is more particularly described on that certain Plat of Survey of said 11.39 acre parcel of record in the aforesaid Hampshire County Clerk’s Office in Deed Book 537 at Page 44, and by reference is made a part of hereof for all pertinent and proper reasons, including a more particular metes and bounds description of the real estate.
The real estate being offered for sale is being sold “AS IS” and without survey.
TRACT 2:
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 Hampshire County 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.
TRACT 3:
All those two certain tracts or parcels of real estate situate in Sherman District, Hampshire County, West Virginia, known and designated as Tract No. 14, containing 2.905 acres, more or less, and Tract No. 15, containing 3.806 acres, more or less, respectively, of Jackson Hollow Addition, more particularly described on the map or plat of Jackson Hollow Addition, which map or plat is of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Map Book 3 at Page 2, which reference is being made to the map or plat and is incorporated and made part hereof for a more particular description of the real estate.
And being part of the same real estate conveyed unto Joshua R. Timbrook by deed of Miriam K. Robbs, dated March 15. 2006, of record in the aforesaid Clerk’s Office in Deed Book 453 at Page 319.
TRACT 4:
All that certain tract or parcel of real estate, lying and being situate in Sherman District, Hampshire County, West Virginia, described and designated as Lot 29, Section II, of Dunmore Ridge Park, containing 9.269 acres, more or less, more particularly described on that certain Plat of Survey of Dunmore Ridge Park Subdivision, which Plat of Survey is of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Map Book 5 at Page 107.
And being the same real estate conveyed unto Joshua R. Timbrook by deed of Robert L. Powell and Patricia M. Powell, Husband and Wife, dated July 10, 2006, of record in the aforesaid Clerk’s Office in Deed Book 458 at Page 298.
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 December 6, 2016.
Jonathan G. Brill, Substitute Trustee
WV State Bar ID 11316
82 W Main Street
Romney, WV 26757
304-822-7110