THIRD AMENDED NOTICE OF SUBSTITUTE TRUSTEE’S SALE OF
VALUABLE REAL ESTATE
By virtue of that certain Construction Deed of Trust and Security Agreement dated October 31, 2006, made and executed by Magnum Land Management LLC to Betty L. Reynolds and Joseph P. Flinn as trustees for the benefit of Peoples Bank, National Association (now known as Peoples Bank), and duly recorded in the Office of the Clerk of the County Commission of Wood County, West Virginia in General Lien Book 1395 Page 168 (the âDeed of Trustã); and default in the payment of the indebtedness secured by the Deed of Trust having occurred, and pursuant to the terms of the Deed of Trust and to the written request of the holder of the indebtedness secured by the Deed of Trust, the undersigned Successor Trustee will sell at public auction the real estate described in the Deed of Trust at a public auction to the highest bidder on:
June 22, 2017 at 1:30pm.
at the front steps of the Wood County Courthouse in Parkersburg, West Virginia, which real estate, together with the improvements thereon and the appurtenances thereunto belonging, is more completely described as follows:
Address: 1605 Grand Central Avenue, Vienna, WV 26105
All the certain lot, tract, or parcel of land, lying and being situate in the City of Vienna, County of Wood, and State of West Virginia, more particularly bounded and described as follows:
Situate in the City of Vienna, County of Wood, State of West Virginia, and being more particularly bounded and described as follows:
Beginning at an iron rod (set) at the intersection of the Westerly right of way line of Grand Central Avenue (West Virginia State Route 14) (Project F 158(16) Sheet 24) and the southerly right of way line of a 30 feet wide driveway (Carrie M. Tavenner Addition, Plat Book 8, Page 11).
Thence with the Westerly right of way line of said Grand Central Avenue, South 03õ 45á 50áá East 94.14 feet to an iron rod (set);
Thence leaving the Westerly right of way line of said Grand Central Avenue, North 64õ 33á 28áá West 188.38 feet to an iron rod (set) in the Easterly line of a railroad right of way (formerly B&O Railroad).
Thence with the Easterly line of said railroad right of way, North 02õ 20á 00ã East 90.71 feet to a railroad spike (set) in the Southerly line of said 30 feet wide driveway.
Thence with the Southerly line of said 30 feet wide driveway, South 64õ 09á 00ã East 178. 05 feet to the point of beginning and containing 15,144 square feet more or less.
Being part of Tract B of Carrie M. Tavenner Addition (Plat Book 8, Page 11).
Being a part of the same real estate conveyed unto Russell G. Beall and Mary Margaret Beall by Deed dated the 26th day of February, 1965, and of record in the Office of the Clerk of the County Commission of Wood County, West Virginia, in Deed Book No. 499, Page 302.
Being the same real estate as conveyed unto Magnum Land Management, LLC, by Deed from Russell G. Beall and Mary Margaret Beall, dated June 21, 2005, and recorded in Book 1083, Page 766, Records of the Office of the Clerk of the County Commission of Wood County, West Virginia.
Subject to that certain Out Sale Deed, dated 6/1/2007, recorded 6/1/2007 in Book 1114, Page 578 Containing 1,194 square feet more or less.
This conveyance is made subject to all rights-of-way, reservations, restrictions, protective covenants, utility easements, and oil and gas leases of record in the chain of title in the aforesaid clerk’s office.
The above real estate is reported to have a mailing address of 1605 Grand Central Avenue, Vienna, West Virginia, tax parcel number: 8/000G0000.
TERMS OF SALE
- A deposit of $10,000.00 by certified check or cashier’s check will be required at sale; the balance of the purchase price is due in cash or by certified check at closing.
- The successful bidder on the real estate will have the risk of loss or damage to the real estate from and after the trustee’s sale.
- The successful bidder on the real estate shall be required to execute a memorandum of sale upon acceptance of the successful bid by the Successor Trustee.
- The successful bidder will be required to complete settlement of the sale within twenty (20) days of the date of sale, failing which the deposit will be forfeited and the property resold at the risk and expense of the purchaser.
- The conveyance of the subjection property will be by SPECIAL WARRANTY deed, subject to any and all easements, rights-of-way, exceptions, reservations, restrictions, covenants, conditions, leases, liens or encumbrances affecting title to the property, including other ownership interests, and further subject to any state of facts that would be disclosed by or apparent upon an inspection or an accurate survey of the property described above.
- The real estate will be sold in âAS ISã condition. The Successor Trustee makes no representations and warranties of any kind or character, including, but not limited to, the condition of the real estate or the title to the real estate to be conveyed. The Successor Trustee will deliver a trustee’s deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by West Virginia Code Œ 38-1-6 upon receipt of the purchase price.
- If the Successor Trustee cannot convey insurable or marketable title, successful bidder’s sole remedy is a return of the deposit.
- All taxes and utility charges will be the responsibility of the successful bidder. All settlement fees, costs of conveyance, examination of title, recording charges are at the expense of the successful bidder, including the payment of the transfer taxes imposed by West Virginia Code Π11-2-1.
- The Successor Trustee shall be under no duty to cause any existing tenant or occupant of the subject property to vacate the real estate being sold.
- The Successor Trustee reserves the right to adjourn the sale, for a time, or from time to time, without further notice by oral announcement at the time and place of the sale described above.
The undersigned is fully vested with the authority to sell said property as Successor Trustee pursuant to the Notice of Substitution of Trustees recorded in the Office of the Clerk of the County Commission of Wood County, West Virginia in General Lien Book 1961 Page 134.
Given under my hand this 16th day of May 2017.
/s/: Arch W. Riley, Jr.,
Successor Trustee
48 14th Street, Suite 301
Post Office Box 430
Wheeling, WV 26003-0009
304.215.1177 (T)
412.356.8135 (F)
ariley@bernsteinlaw.com
Jun 8, 15