NOTICE OF SUCCESSOR TRUSTEE’S SALE OF REAL PROPERTY

NOTICE OF SUCCESSOR TRUSTEE’S SALE OF REAL PROPERTY

Notice hereby given that, by virtue of the authority vested in the undersigned, Joseph T. Johns, as Successor Trustee, by a Deed of Trust made and executed by David Lott and Deatrice Lott to Dennis N. Broglio, as Trustee, dated February 1, 2008, and recorded in the office of the Clerk of the County Commission of Wood County, West Virginia, in Trust Deed Book 1474, page 318; and the said Joseph T. Johns acting as Successor Trustee under and by virtue of a certain Appointment of Successor Trustee, dated January 15, 2016, and recorded in the aforesaid Clerk’s office in Trust Deed Book 1907, 236; and default having been made in the payment of the note secured by said Deed of Trust, and such default having continued for a period of more than thirty (30) days; and

NAJ, LLC, the owner and holder of said note, having elected to treat the whole principal debt secured by said Deed of Trust as immediately due and payable and having requested in writing the sale of the real estate conveyed by said Deed of Trust;

NOW, THEREFORE, the undersigned Successor Trustee, having been required to do so by said holder, NAJ, LLC, will sell the real estate conveyed by said Deed of Trust at public auction to the highest bidder at the front door of the Courthouse of Wood County, West Virginia, in the City of Parkersburg, West Virginia, on December 28, 2016 at 4:45 p.m., local time, and which said real estate is situate and being in the Walker District, Wood County, West Virginia, and which in said Deed of Trust is more particularly described as follows:

All that certain lot or parcel of real estate, together with the improvements thereon and the appurtenances thereunto belonging, situate and being in the Walker District, Wood County, West Virginia, and being the Sheriff of Wood County, West Virginia Certification No. 04-S-0225 (Earl L. Bennett, II and Patsy Ann Hawkins.) and described as follows: .10-A Walker & Stillwell Cr & 1900 Sq. Ft., and being the same real estate conveyed to the party of the first part by James Six, Clerk of the County Commission of Wood County, West Virginia by deed dated May 11, 2006 and recorded in the office of the Clerk of the County Commission of Wood County, West Virginia in Deed Book 1096, page 760.

The real estate herein conveyed is further described as follows:

PARCEL NO. ONE:

All that certain tract or parcel of real estate, together with the improvements thereon and the appurtenances thereunto belonging, situate and being in Walker District, Wood County, West Virginia and being bounded as follows:

BEGINNING at a point on the old U.S. Route No. 50 at a corner of the Clara Cantwell 20 acre tract, and running thence with said old U.S. Route, S. 76 degrees 27’ E. 99.3 feet to a point;

thence leaving said route and running in an easterly direction S. 71 degrees 15’ E. 120 feet, more or less, to a point;

thence, running in a southwesterly direction S. 58 degrees 55’ W. 77 feet, more or less, to right of way granted to the State of West Virginia, for a public road by Leola Newell and husband by Deed dated August 18, 1939, of record in the Office of the Clerk of the County Commission of Wood County, West Virginia, in road Book No. 2, at page 276;

thence, with said right of way in a northwesterly direction 55 feet, more or less, to a point 45 feet north of U.S. Route No. 50;

thence, at right angles in a northeasterly direction five (5) feet to a point;

thence, in a northwesterly direction along said right of way 125 feet, more or less, to a point;

thence in a northeasterly direction 58 degrees 55’ W. 4 feet,  more or less, to the place of beginning, containing 0.10 acres, more or less.

PARCEL NO. TWO:

All that certain tract or parcel of real estate, together with the improvements thereon and the appurtenances thereunto belonging, situate and being in Walker District, Wood County, West Virginia and being bounded as follows:

BEGINNING at a point in the northern revised right of way line, said point being in the northern existing right of way line of Wood County Route 50/31 (old U.S. Route 50), said point being 50 feet radially left of centerline at Station 491+35, Project FA-143-H(1), Wood County, West Virginia;

thence, northeasterly with said existing right of way line with a curve to the right having a radius of 3,869.72 feet, concentric to centerline, 65.85 feet to a point 50 feet radially left of centerline at Station 492+00;

thence, southeasterly with said existing right of way line 5 feet to a point 45 feet radially left of centerline at Station 492+00;

thence, northeasterly with said existing right of way line with a curve to the right having a radius of 3,864.72 feet, concentric to centerline, 48.57 feet to a point in the northern revised right of way line, said point being 45 feet radially left of centerline to Station 492+48;

thence, southerly in a reverse centerline direction, with said revised right of way line 16 feet, more or less, to a point 30 feet radially left of centerline at Station 492+43;

thence, southwesterly with said revised right of way line with a curve to the left having a radius of 3,849.72 feet, concentric to centerline 108 feet, more or less, to a point 30 feet radially left  of centerline at Station 490+77;

thence, northwesterly with said revised right of way line 20 feet, more or less, to the place of beginning and containing 1,990 square feet, more or less.

And being the same real estate conveyed to Grantor by NAJ, LLC, a West Virginia limited liability company by deed dated February 1, 2008, and intended to be recorded contemporaneously herewith; reference to which deed and map aforesaid is herewith made for a more particular description of the real estate herein conveyed.

The above-described real estate will be conveyed by the undersigned Successor Trustee by deed without warranty of any kind, express or implied, and subject to all prior liens, and further subject to all unpaid real estate taxes or assessments, encumbrances and claims in favor of public service districts / municipal sanitary boards, if any, and also further subject to any covenants, restrictions, conditions, reservations, rights of way and easements of record in the aforesaid Clerk’s office and affecting the subject real estate and without responsibility for or representations as to

1. the rights of any person or persons in possession thereof, and
2. any items of personal property located thereon; and, any party claiming an interest in any item of personal property is responsible for the removal thereof prior to the date of sale.

TERMS OF SALE

1. Ten percent (10%) of the successful bid amount, cash in hand, as a deposit on the day of sale, with the balance due and payable within thirty (30) days of the date of sale;
2. Subject to any prior deeds of trust or security agreements of record;
3. Subject to any special assessments or any liens for taxes;
4. The above-described real estate will be sold by the undersigned Successor Trustee by auction to the highest bidder subject to the right of the undersigned Successor Trustee to reject all bids if, in his opinion, said bids are inadequate; and,
5. The owner of the indebtedness secured by the above-described deed of trust and the owner of any other interest in any of the property to be sold shall have the right to bid.

CONTINUANCE OR ADJOURNMENT OF SALE

The undersigned Successor Trustee reserves the right to continue the sale or to adjourn the sale for a time or from time to time without further notice other than oral public announcement at the time and the place of sale as hereinabove set forth or at any continuance or adjournment thereof.

DATED this 29th day of November, 2016.

/s/ Joseph T. Johns,

Successor Trustee

Dec 6, 13