AMENDED NOTICE OF TRUSTEE’S SALE OF
VALUABLE REAL ESTATE
Pursuant to the authority vested in the undersigned by deed of trust dated the 13th day of December, 2017, signed by Paul W. Braham, Jr. to Justin Raber, Trustee, which said deed of trust is of record in the Office of the Clerk of the County Commission of Wood County, West Virginia, in Trust Deed Book 2006, at page 206, and Robert K. Tebay, III, Substitute Trustee under instrument dated November 25, 2019, of record in Lien Book 2094 at page 152, having been requested so to do by the Secured Creditor, and default having been made under the terms and conditions of said deed of trust, and the provisions in said deed of trust concerning acceleration having been complied with by the Secured Creditor and present holder of the note, said Trustee will sell at public auction at
MARCH 17, 2020 11:00 A.M.
at the front doors of the Courthouse in Wood County in Parkersburg, West Virginia the following described real estate:
See Exhibit A, attached hereto:
BEING tracts briefly described as 13 Ac 131 poles Left Fork of Worthington Creek and 20.88 ac. Bull Run, Union District of Wood County
BEING the same real estate conveyed to Paul W. Braham, Jr. by deed dated December 18, 2018 of record in Deed Book 1273 at page 22.
TRACT 410-S1:
BEGINNING at a ½” diameter iron pipe (set) said iron pipe being N.
9 degrees 25′ E 342.48 feet from a 9″ diameter hickory and N. 75 degrees 38′ W
67.82 feet from a 7″ diameter walnut; thence, S. 84 degrees 42′ W. 1294.74
feet to a 14″ diameter white oak, said white oak marked with 3 hacks
and being the common corner now of Forshey, Lowther, McFarland
and Wilson; thence, N. 43 degrees 07′ E. 1495.48 feet passing a 6″ diameter
cherry on the ridge at 822.01 feet to a ½” diameter iron pipe (set) said
pipe being S. 62 degrees 21′ E. 23.06 feet from a 16″ diameter oak stump,
said stump being the Wilkinson corner; thence, S 54 degrees 43′ E 745.15 feet
passing a 1.53 feet diameter poplar at 344.31 feet, to the center line of
Bull Run Road; thence, with the centerline S 28 degrees 46′ W 43.77 feet, S
20 degrees 39′ W 73.90 feet, S 13 degrees 51′ W 130.18 feet, S 35 degrees 32′ W 175.93 feet
S 28 degrees 47′ W 115.40 feet, S 14 degrees 4′ W 82.36 feet and S 3 degrees 47′ W 40.00
feet; thence, leaving the center line of Bull Run Road N 55 degrees 33′ W
100.00 feet to the beginning and containing 20.88 Acres, more or less,
as shown on a plat of record in Deed Book 689, at page 639, as
surveyed by Samuel H. Beverage, West Virginia Registered Civil
Engineer No. 6638 on December 15, 1976.
BEING the same real estate conveyed to Warren Willian Wilson by
deed dated December 15, 1976 of record in Deed Book 689, at page
637. The said Warren William Wilson died a resident of Harrison
County, West Virginia on October 10, 1984 and by the terms of his
Last Will and Testament docketed in Wood County, Will Book 161, at
Page 543, he devised his estate to the said Patti Jean Porter and Jesse
James Wilson, the Grantors herein.
TRACT T :
All that certain lot, tract of parcel of land lying and being situate in the
District of Union, County of Wood and State of West Virginia, more
particularly bounded and described as follows:
BEGINNING at a stone corner to Wilkinson line; thence South 37-
½ degrees West 90 poles to a stone in Lunch line; thence North 1-1/2 degrees West
80 poles to the Wilkinson line; thence with the Wilkinson line South
80 degrees East 56 poles to the place of beginning, containing 13 and 131/160
acres, be the same more or less.
Being the same real estate conveyed to C.A. McFarland by deed dated
February 12, 1930 of record in Deed Book 201 at page 551. C.A.
McFarland died intestate January 26, 1961 survived by his widow,
Lydia McFarland who died May 28, 1962 and children, Hattie
Watson aka Hattie Mae Wilson, Keith C. McFarland, Hallie M.
Limbach, and Kenneth McFarland. By deed dated June 17, 1977
of record in Deed Book 688 at page 377, the interest of Keith C. McFarland, Hallie M.
Limbach, and Kenneth McFarland. By deed dated June 17, 1977 of
record in Deed Book 688 at page 377, the interest of Keith C.
McFarland, Hallie M. Limbach and Hattie Mae Wilson were
conveyed to Warren W. Wilson. The conveyance of the interest of
Hattie Mae Watson was further ratified by Quit-Claim deed to
Warren W. Wilson dated June 17, 1977 of record in Deed Book 689
page 73. Warren William Wilson thereupon took full possession and
domain over the above tract to the exclusive of all others, including
Kenneth McFarland and his heirs or devisees until his death in 1984
as aforesaid. By the terms of his Will of record in WB 161 page 543
his interest was devised to the Grantors herein. Moreover, these tracts
were the subject of a Quiet Title Action in the Circuit Court of Wood
County, West Virginia styled Patti Jean Porter et.al. vs. Kenneth
McFarland et. al. 13-C-349, wherein full title became vested in the
Grantors herein.
The above described real estate is reported to be described as Tax Parcels T and S1 on Map 410 of Union District, Wood County
TERMS OF SALE:
1. Cash in hand on day of sale or within 30 days of date of sale upon terms to be agreed upon
between Trustee and successful bidder, time being of the essence; payment for unpaid real estate taxes to be assumed by the purchaser. The Trustee does not warrant title or fitness to this property; it is being purchased as is; this is a buyer beware sale and any buyer is advised to retain counsel before the sale. If there is any part of the process of sale which is found to be objectionable, the Trustee reserves the right to cancel sale. No purchaser should take possession or make improvements in the premises until the Trustee deed is delivered or recorded. A third party purchaser at sale will be required to pay the purchase price plus all recording and transfer fees.
2. Trustee at sale is under no duty to cause any existing tenant or person occupying the subject property to vacate property.
3. FEDERAL TAX LIEN: In the event that there are Federal Tax Liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer.
4. The party(ies) secured by the Deed of Trust reserve the right to purchase the property at such sale. If the purchaser at sale is unable to complete the terms of purchase within 30 days, the Trustee reserves the right to transfer the property to the next highest bidder, or to reject any and all bids.
5. Any sale hereunder may be adjourned from time to time without any notice other than oral proclamations at the time and place appointed for this sale or by posting of a notice of same. Should the Trustee not appear at the time appointed for the sale and there is no notice posted of a continuance please contact the office of the Trustee to make further inquiry. Any sale may be conducted or adjourned by the designated agent or attorney of the Trustee. The undersigned is fully vested with the authority to sell said property as Trustee by instrument of record.
6. The lender and the Trustee reserve the right to engage the services of a professional auctioneer to assist in the marketing of this sale. In such instances, a Buyer’s premium may be charged to the successful bidder.
7. The sale is subject to unpaid ad valorem taxes and assessments, if any, whether billed or not.
8. The holder of the indebtness secured by the Deed of Trust reserves the right to bid at sale.
9. The successful bidder at sale will be responsible for paying any and all transfer stamps, excise fees and recording costs with respect to the Trustee’s Deed.
10. Neither the owner of the indebtedness secured by the underlying Deed of Trust nor the Trustee shall have any duty to cause any existing tenant or person or persons occupying the subject property to vacate said property.
11. Any personal belongings remaining in the subject premises after sale shall be deemed abandoned and may thereafter be disposed of at the successful bidder’s or bidders discretion. Any person or entity claiming ownership of or any interest in any such personal property should contact the undersigned prior to sale about any such claim.
12. The successful bidder and the Trustee shall execute a memoranda of sale at the conclusion of the sale and the terms therein shall control, subject to the terms included in this notice.
13. The property sold and improvements thereon are sold “AS-IS-WHERE-IS” with no warranty expressed or implied. Prospective Bidders shall rely upon their own inspections and not on any representations made by the holder of the indebtedness or the Trustee.
14. This sale is subject to the provisions of West Virginia Code 38-1-16 regarding any existing tenancy (leasehold) at the premises.
Should any party have inquiries, objections to the sale or protests regarding the sale, or requests regarding the sale, please notify the trustee by one of the means of communications set forth below.
ROBERT K TEBAY, III
LC TRUSTEE
331 Juliana Street
Parkersburg, WV 26101
Telephone: (304)422-3110
Fax: (304)422-1933
E-mail: tebaylaw@juno.com
Our business hours are 8;30AM-4:30 PM
Monday-Friday not including Holidays
IMPORTANT NOTICE CONCERNING YOUR RIGHTS:
IN THE EVENT THIS COMMUNICATION IS DETERMINED TO BE FROM A DEBT COLLECTOR IN AN ATTEMPT TO COLLECT A DEBT, BE ADVISED THAT ANY INFORMATION OBTAINED WOULD BE USED FOR THAT PURPOSE.
Mar 4, 10