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TRUSTEE’S SALE OF VALUABLE REAL ESTATE

By virtue of the authority vested in your undersigned trustee by that certain Deed of Trust dated the 17th day of January 2017, and of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Deed of Trust Book 585, at Page 7, executed by Andrew S. Mowery (d/b/a Mowery Scandinavian Concepts) and Jenna M. Mowery, his wife, to secure the payment of that certain negotiable promissory note described therein, payable to the order of Patricia T. Ritchie, at her address of 1559 Moffett Drive, Winchester, Virginia 22601 and signed by the said Andrew S. Mowery (d/b/a Mowery Scandinavian Concepts) and Jenna M. Mowery, his wife, as Makers, and default having occurred in the payment of said negotiable promissory note secured by the Deed of Trust set forth herein above and the said Patricia T. Ritchie, as the beneficial holder of said Note, having notified the undersigned Trustee in writing to do so, said Trustee will offer for sale at public auction to the highest bidder, the following described tract or parcel of real estate at the front door of the Courthouse in Romney, Hampshire County, West Virginia on:

 

THURSDAY, JULY 6, 2017

AT 2:00 p.m.

 

all that certain tract or parcel of real estate containing 5.935 acres, more or less, together with any and all rights, rights of way, structures, easements, minerals, improvements and appurtenances thereunto belonging, lying and being situate in Bloomery District, Hampshire County, West Virginia in what is known as the subdivision of “Blackberry Meadows” and being designated as “Lot 4” on a Plat of Survey of said subdivision prepared by Richard L. Moreland, Licensed Land Surveyor #2021, 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 11, at Pages 91-94. Reference is hereby made to the said aforementioned Plat of Survey and to Lot 4 set forth thereupon for a more particular description of the tract or parcel of real estate being offered for sale herein.

 

The tract or parcel of real estate being offered for sale herein is designated as Parcel 114 on Tax Map 10 of Bloomery District, Hampshire County, West Virginia Assessment records.

 

And being the same tract or parcel of real estate conveyed unto Andrew S. Mowery (d/b/a Mowery Scandinavian Concepts) and Jenna M. Mowery, his wife, by that certain Deed dated January 17, 2015 and of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia in Deed Book 529, at Page 466. Reference is hereby made to the said aforementioned Deed for any and all pertinent purposes.

 

The tract or parcel of real estate being offered for sale herein is being offered for sale, subject to any and all restrictions, reservations, covenants, conditions, easements and rights-of-way, contained in, provided for or reserved in any and all instruments in chain of title.

 

There is of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia an instrument entitled “Blackberry Meadows Dedication of Plat and Declaration of Protective Covenants, Conditions and Restrictions” which provides for the dedication of roadways within the subdivision and also imposes certain restrictive covenants, conditions, duties, obligations and responsibilities which effect the tract or parcel of real estate being offered for sale herein and same are therein stated to attach to and run with the land. Said instrument is of record in said Clerk’s Office in Deed Book 475, at Page 213 and the provisions thereof will be incorporated into the Deed of Conveyance to the highest bidder.

 

The tract or parcel of real estate offered for sale herein is situate in a unique and exclusive development in Hampshire County, West Virginia and same is serviced by an excellent access road.

 

The herein before advertised tract or parcel of real estate shall be conveyed unto the highest bidder by special warranty deed from your undersigned Trustee.

 

Real estate taxes on the real estate the subject of this sale notice shall be paid by the owner or beneficial holder of the negotiable promissory note referred to herein for all those taxes coming due to and through the Spring of 2017. The high bidder shall be responsible for the taxes that become due in the Fall of 2017 and henceforth, without regard to in whose name they are assessed.

 

The Trustee shall be under no duty to cause any existing tenant or person occupying subject real estate to vacate said property.

 

All costs for Deed preparation and transfer stamps shall be paid by the purchaser.

 

In the event that there are Federal Tax Liens of record against the real estate the subject of the sale notice, the United States Government shall have the right to redeem the real estate within 120 days from the date of said sale or a period allowable for said redemption, whichever is longer.

 

TERMS: A $10,000.00 deposit is required on day of sale with the balance to be paid at closing. Closing is to occur at the office of your undersigned trustee at Walters & Heishman, PLLC at 204 North Elm Street, across from the Courthouse, in Moorefield, Hardy County, West Virginia, at a date and time to be mutually agreed upon between the Trustee and the high bidder, which said date and time shall not exceed twenty (20) days from the date of sale. Failure to close in accordance with the terms herein shall result in the forfeiture of the deposit. Purchaser may elect to pay the entire purchase price on day of sale.

 

Prospective bidders are invited to contact your undersigned trustee, prior to the day of sale with regard to any and all questions that might arise.

Jack H. Walters, Trustee

  1. Junior Wilson WALTERS & HEISHMAN, PLLC

Auctioneer                                                   P.O. Box 119, Moorefield, WV 26836

                                                                                                               304-530-6618

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