FRIDAY, DECEMBER 11, 2015, AT 10:00 A.M.
The herein described real estate of and Russell J. Staub, Sr., and, Timothy William Staub, shall be sold at public auction on the Courthouse steps in Romney, Hampshire County, West Virginia, on Friday, December 11, 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 Russell J. Staub, Sr., and, Timothy William Staub, Sr., unto William C. Keaton and/or W. Joseph Milleson, Jr., Trustees, to secure unto Capon Valley Bank, a banking corporation, the beneficial owner of that certain Deed of Trust, dated the 8th day of December, 2014, and of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Deed of Trust Book 580, at Page 254. Default having occurred relative to the covenants and conditions as set forth in said Deed of Trust, and the undersigned Trustees, 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, December 11, 2015, at 10:00 a.m., which said property is more particularly described as follows:
All that certain tract or parcel of real estate, containing 3.858 acres, more or less, together with all rights, rights of way, easements, waters, mineral, oil and gas and appurtenances thereunto belonging, situate in Capon District of Hampshire County, West Virginia, being known and designated as Lot 3 on the Plat titled “D&D Subdivision, 1-3”, as prepared by Rickie C. Davy, Licensed Land Surveyor, dated July 1, 1996, said Plat being of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Map Book No. 8, at Page 136, which plat is referred to for a more particular description of the real estate herein conveyed, and which plat is by reference expressly made a part hereof for all proper and pertinent reasons, and said plat is further referred to for a more specific listing of all covenants and restrictions as set forth in Notes A through K, which are deemed covenants running with the land. Said real estate is depicted on the 2015 Hampshire County Land Books as being Tax Map 31, Parcel 26.1.
And being the same real estate conveyed by Deed With Reservation Of Life Estate unto Timothy William Staub, Sr., from Russell J. Staub, Sr., dated September 16, 2013, and of record in the aforesaid Clerk’s Office in Deed Book 516 at Page 660. Said Russell J. Staub, Sr., reserved a life estate in said property.
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 Trustees reserve 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 Trustees.
The Trustees 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, Trustee W. Joseph Milleson, Jr., Trustee
56 East Main Street 56 East Main Street
Romney, West Virginia 26757 Romney, West Virginia 26757
WVSB #7182 WVSB #10022