NOTICE OF TRUSTEE’S SALE
Notice is hereby given by the undersigned Substitute Trustees, in accordance with the provisions of that certain Deed of Trust made by Charles M. Little and Sandra L. Little, as Grantor, to Randy L. Brooks and William G. Powell, as Trustees, dated May 2, 2003 and recorded in the Office of the Clerk of the County Commission of Wood County, West Virginia (the âClerkás Officeã) in Trust Deed Book 1109 at Page 286 (the âDeed of Trustã). The Deed of Trust was assigned by Community Bank of Parkersburg to Elmer, LLC a West Virginia limited liability company (ãLenderã) by Assignment of Deed of Trust dated April 11, 2019 and recorded in the Clerkás Office in Trust Deed Book 2061 at Page 866. Lender, as the owner and holder of the note and obligations secured by the Deed of Trust, appointed Kristin A. Boggs and Maggie B. Burrus of the law firm of Bailey & Glasser, LLP to serve as Substitute Trustees under the Deed of Trust pursuant to that certain Notice of Appointment of Substitute Trustees dated May 22, 2019 and recorded in the Clerkás Office in Trust Deed Book 2067 at Page 521. Grantor defaulted under the terms of the Deed of Trust and the undersigned Substitute Trustees will sell at public auction on Tuesday, July 2, 2019 at 10:15 a.m., at the front door of the Wood County Courthouse located at 1 Court Square, Parkersburg, West Virginia 26101 certain real property located in the District of Clay, County of Wood, West Virginia, being more particularly described as follows:
TRACT 1
BEGINNING at an iron pipe in the westerly line of a 40 foot wide unnamed street shown on a plat of record in Deed Book 658, Page 600, said point being south 16-43 west 50.00 feet from the common corner of Lots 11 and 12 of Elmer Littleás Addition; thence with the westerly line of said street south 16-43 west 150.00 feet to an iron pipe at the common corner of Lots 13 and 14 of the aforesaid Elmer Littleás Addition; thence with the common line of Lots 13 and 14 north 73-17 west 194.90 feet to an iron pipe thence south 10-10 west 100.00 feet to an iron pipe in the westerly line of said Elmer Littleás Addition; thence with the westerly line of said Addition north 10-10 east 268.76 feet to an iron pipe being the common corner of Lots 11 and 12 of the Elmer Littleás Addition; thence with the common line of Lots 11 and 12 south 73-17 east 167.90 feet to an iron pipe; thence south 16-43 west 50.00 feet to an iron pipe; thence south 73-17 east 150.00 feet to the place of beginning containing 1.388 acres and being part of Lots 12, 13 and 14 of the aforesaid Elmer Littleás Addition as shown in Plat Book 7, at page 46 and a re-division plat of record in Deed Book 658, at page 600.
TRACT 2
BEGINNING at a point at the southeasterly corner of Lot No. 14 of E. Littleás Subdivision at the intersection of a 40 foot street and a 20 foot alley; thence with the northerly line of said alley N. 73õ 17á W. 187.3 feet to a point; thence leaving said alley
N. 10õ 10á E. 67.44 feet to a point in the northerly line of said Lot No. 14; thence with said line S. 73õ 17á E. 194.9 feet to the westerly line of said 40 foot street; thence with the westerly line of said street S. 16õ 43á W. 67 feet to the place of beginning, and being the easterly portion of Lot No. Fourteen (14) of said E. Littleás Subdivision, a plat of which Subdivision is of record in the Office of the Clerk of the County Commission of Wood County, West Virginia, in Plat Book No. 7, at page 46, to which said plat, reference is hereby made and had for a more complete description of said lot.
And being the same property conveyed to Charles M. Little and Sandra L. Little by deed dated August 2, 2002, of record in the Office of the Clerk of the County Commission of Wood County, West Virginia in Deed Book 1043, at Page 356.
TERMS OF SALE
Said property will be sold for cash in hand on date of sale, or under any different, other, or additional sale terms as may be determined to be appropriate or advisable in the reasonable discretion of the Substitute Trustee, by auction to the highest bidder. The sale shall be further subject to the following:
1. Real estate taxes delinquent, due or payable or to become due and payable.
2. Any statutory lien or liens that may affect the property.
3. All covenants, conditions, restrictions, reservations, easement, rights-of-way and other matters of record in the chain of title to the property, or which may be visible form a physical inspection.
4. The above property will be sold âAS IS, WHERE IS,ã in the present condition and with all faults and defects, if any, and without any warranty or representation, express or implied.
5. The rights of parties in possession of such property, if any.
6. The undersigned Substitute Trustees shall have the right to postpone, continue, and/or adjourn the sale of such property without notice other than by oral proclamation at the time and place designated for such sale and/or the posting of notice at the courthouse prior thereto. Such postponement, continuation or adjournment may be for a period of time deemed expedient by the beneficial owner and shall not be construed to be a waiver of the beneficial ownerás right to conduct said sale.
7. The undersigned Substitute Trustees expressly reserve the right to reject any and all bids.
8. The undersigned Substitute Trustees shall have the right to offer such property for sale and to sell, grant, convey, transfer, and dispose of such property as separate and independent lots, parcels and/or tracts or as a whole, as the Substitute Trustees shall determine, and in such order as the Substitute Trustees shall determine.
9. The successful purchaser,
if any, as to and in relation to each respective 9. lot, parcel and/or tract in the event the same shall be sold separately and independently, shall be required to execute and deliver a memorandum of sale and purchase with the undersigned Substitute Trustees immediately following the conclusion of the sale of such property, a proforma version of which shall be available for review and inspection prior to the sale of such property.
10.The successful purchaser, if any, shall be required to pay all excise taxes and recording fees connected and associated with the sale and transfer of such property by the undersigned Substitute Trustees. Any inquiries regarding this sale may be directed to Kristin A. Boggs and Maggie B. Burrus, Substitute Trustees, Bailey & Glasser, LLP, 209 Capitol Street, Charleston, WV 25301, Telephone: (304) 345-6555.
Dated this 14th day of June, 2019.
/s/; Kristin A. Boggs
Substitute Trustee
/s/; Maggie B. Burns,
Substitute Trustee
Jun 17, 24