NOTICE OF SALE
UNDER DEED OF TRUST
Notice is hereby given that under authority of that certain Deed of Trust hereinafter described, the undersigned Trustee will by virtue of authority vested in him at the front door of the Pendleton County Courthouse in Franklin, West Virginia,
AT 11:00 A.M.
AUGUST 26, 2022
offer for sale certain property described in that deed of trust executed by Justin W. Stroop and Mary J. Propst to Jeffrey S. Bowers, Trustee, which deed of trust is described as bearing date the 9th day of June, 2007, and of record in the Office of the Clerk of the County Commission of Pendleton County, West Virginia, in Trust Deed Book 115, at Page 542, and given to secure Carey A. Evick Jr. and Claudia N. Evick, the Beneficiary, the payment of certain indebtedness represented by note therein described, of which property is more particularly described with the buildings and improvements thereon located, situated, lying and being situate on the West side of and abutting on U. S. Route 33 in Bethel District, Pendleton County, West Virginia, as follows:
BEGINNING at a post on an old line also on line of right-of-way of U. S. Highway No. 33; thence with line of road S. 41 W. 15.50 poles to a stake; thence N. 54½ W. 12.36 poles to a stake by a fence; thence with the fence N. 27 E. 3.92 poles to a post; thence N. 45 E. 11.84 poles to a stake in an old line and with the same S. 54 E. 12.40 poles to the beginning, containing one acre and thirty-six square poles, more or less, and being the same real estate conveyed to Justin W. Stroop by those certain Deeds of record in the Clerk’s Office of the County Commission of Pendleton County, West Virginia as follows: Deed Book 175, at Page 136, and Deed Book 187, at Page 358, to which references are herewith made for all pertinent purposes.
There is excepted from the foregoing description of said 1 acre and 36 square poles, an out-conveyance therefrom of a parcel containing 5/8 acre of record in the Clerk’s Office aforesaid in Deed Book 81, at page 246, therefore, leaving a parcel of 3/5 acre, more or less, which was conveyed (assessed as 0.60 acres, more or less).
The conveyance was made subject to a right-of-way over the south side of the real estate conveyed adjoining the property of Frederick Rexrode and Margaret D. Rexrode, his wife, (formerly Edwin Nesselrodt) as conveyed to J. Herman Trumbo and Mary Madeline Trumbo by Audley G. Simmons and Lena Simmons, his wife, in that certain Deed dated April 8, 1957, and of record in the Clerk’s Office aforesaid in Deed Book 78, at page 485.
The conveyance was also made subject to the provision contained in the aforesaid Deed to J. Herman Trumbo and Mary Madeline Trumbo, his wife, providing that said parties shall build and maintain the fence on the west side of the parcel conveyed.
The Grantor further granted and conveyed unto the Grantees, their heirs and assigns, all rights of way and easements appertaining to the aforesaid real estate.
The conveyance was made subject to all exceptions, reservations, covenants, conditions, easements, and rights-of-ways created or mentioned in prior instruments of record affecting the property herein conveyed, as well as granting and conveying any all rights of ways or easements of benefit for said property.
This sale and the conveyance of title to the above described real property will be by Special Warranty. Environmental warranties disclaimed and subject to all covenants, restriction, easements, rights of way and reservations which may be a matter of record in the aforesaid Clerk’s Office or visible upon the ground, all prior liens and encumbrances, including, with limitation. The subject property will be sold as “AS IS” condition. The Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
This sale is also made subject to the rights of tenants under the Protecting Tenants at Foreclosure Act of 2009. Neither the Trustee nor the holder of said note makes any representation or warranties as to the existence of any leases or other occupancy agreements affecting the subject property.
The real property taxes on the above described will be prorated as of date of sale and any excise tax shall be paid by Purchaser, as well as recording costs upon recordation of said special warranty deed.
FEDERAL TAX LIEN: In the event 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.
TERMS OF SALE: Twenty Percent (20%) in hand on day of sale or evidence of credit acceptable to the secured party, and balance at closing, not to exceed thirty days. Announcements made at sale take precedence over any written notice or advertisement.
The undersigned trustee reserves the right to reject any and all bids received, and to continue said sale from time to time, upon announcement thereof given verbally, on day of sale and any continuance thereof. The secured parties reserve the right to purchase the property at such sale.
Persons interested in viewing the property may contact Jeffrey S. Bowers, PO Box 849, Franklin, West Virginia 26807, (304) 358-3333.
DATED this 19th day of July, 2022.
JEFFREY S. BOWERS, TRUSTEE
P.O. BOX 849
FRANKLIN, WV 26807