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Spirit of Jefferson Farmers Advocate
Charles Town, West Virginia
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July 24, 2013     Spirit of Jefferson Farmers Advocate
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B Wednesday, July 24, 2013 Legals ,pirit of JEFFERSON and FARMER'S ADVOCATE t Law Offices of Trump & Trump, L.C. 307 Rock Cliff Drive Martinsburg, West Virginia 25401 SUBSTITUTE TRUSTEE'S SALE OF VALUABLE UNIMPROVED 404.686 ACRE TRACT INTENDED FOR BUSINESS PARK AND 2.854 ACRE TRACT IMPROVED BY WATER TREATMENT PLANT Located in Jefferson County, West Virginia McCormick tract; thence still with the said McCormick tract N. 28 53' 04" E. 429.98' to (201) a 5/8" rebar and cap set another cor- ner to the said McCormick tract; thence still with the said McCor- mick tract in part, in part with the above mentioned Webb tract and in part with the above mentioned Nathanson tract S. 52 45' 42" E. 1341.59' to (165) the point of be- ginning, containing 11.55 acres," leaving an approximate residue of 407.535 acres; and (3)'q-RACT 2" as defined below. with the said church tract the fol- lowing courses: S. 52 29' 06" E. 150.68' to (238) a 5/8" rebar and cap set; thence N. 37 30' 54" E. 90.00 to (239) a 5/8" rebar and cap set; thence N. 52 29' 06" W. 167.66' to (237) a 5/8" rebar and cap set on the easterly side of the above-mentioned W. Va. Sec. Rte. 27; thence with the easterly side of the said W. Va. Sec. Rte. 27 the following courses: on a curve to the right having a length of 65.142' a radius of 176.461' and a chord of N. 37 31' 49" E. 36.81'to (246); thence N, 42 54' 23" E. 340.94' to (248); thence on a curve to the left having a length of 146.600', a radius of 328.037' and a chord of N. 30 06' 13" E. 145.383' to (251); thence N. 17 18' 03" E. 212.50' to (253); on a curve to the left having a length of 84.420', a radius of 129.275' and a chord of N. 01 24' 25" W. 82.928'to (255); thence N. 20 06' 53" W. 247.51 'to (257); thence on a curve to the left having a length of 55.829', a radius of 139.778' and a chord of N. 31 33' 25" W. 55.458' to (260); thence N. 42 14' 58" W. 86.13' to (290); thence on a curve to the right having a length of 493.906', a radius of 403.862' and a chord of N. 08 33' 02" W. 463.697' to (292); thence N. 26 29' 04" E. 175.25' to (294); thence on a curve to the right having a length of 41.969', and a radius of 1230.00' and a chord of N. 27 27' 43" E. 41.967' to (296); thence N. 28 26' 22" E. 1609.36' to (298); thence on a curve to the right having a length of 94.172', a radius of 244.557' and a chord of N. 39 28' 16" E. 93.592'to (300); thence N. 50 30' 09" E. 938.90' to (302); thence on a curve to the right having a length of 18.668', a radius of 480.00 and a chord of N. 51 37'00" E. 18.667' to (304); thence N. 52 43' 51" E. 307.36" to (306); thence on a curve to the left having a length of 139.332', a radius of 2402.353' and a chol'd of N. 51 04' 09" E. 139.313' to (308);thence N. 49 24' 28" E. 551.01' to (310); thence on a curve to the left having a length of 88.295', a radius of 323.00' and a chord of N. 41 34' 35" E. 88.023' to (312); thence N. 33 44' 42" E. 2188.212' to (313) the point of beginning, contain- ing 429.656 acres, as shown on that certain plat prepared by P. C. Dimagno Engineers and Sur- veyors, dated February 12,1979, recorded in the Office of the Clerk of the County Commission of Jef- ferson County, West Virginia, im- mediately preceding that Deed from Martin Marietta Corporation to Shenandoah Quarries, Inc., dated June 8, 1979, and in Deed Book No. 456, at page 697. TRACT 2 thence S. 32 05' 36" E. 9.00' to (330), said point being 31' right of Station 182+14.9; thence N. 59 06' 49" E. 284.86' to (335), said point being 31' right of Sta- tion 179+00; thence N. 56 45' 39" E. 500.14' to (339), said point being 35' right of Station 172+00; thence N. 53 52' 23" E. 520.81' to (342), said point being 45' right of Station 169+00; thence on a curve to the left having a center- line length of 604.50', a radius of 1432.193' and a chord of N. 40 11' 32" E. 312.57' to (344), said point being 45' right of Station 165+76.6; thence S. 56 16' 36" E. 10100' to (343), said point be- ing 35' right of Station 165+76.6; thence N. 34 36' 12" E. 976.72' to (70), said point being 20' right of Station 156+00; thence S. 56 16' 36" E. 5.00' to (350) said point being 15' right of Station 156+00; thence N. 33 43' 24" E. 354.70' to (73), said point being 15' right of Station 152+45.3; thence on a curve to the right having a cen- terline length of 1257.40', a ra- dius of 5729.279' and a chord of N. 40 00' 37" E. 1258.17' to (75), said point being 15' right of Station 139+87.9; thence on a curve to the right having a cen- terline length of 715.10' a radius of 996.391' and a chord of N. 62 38' 34" E. 569.28' to (77), said point being 15' right of Sta- tion 134+19.4; thence.crossing the said R/W S. 45 07' 03" E. 40.17' to (78) to a point on the easterly side of the said R/W, said point being 18' left of Station 133+96.4; thence with the east- erly side of the said R/W the fol- lowing courses: on a curve to the left having a centerline of 715.10', a radius of 996.391' and a chord of S. 63 18' 08" W. 572.28' to (76), said point being 18' left of Station 139+87.9; thence on a curve to the left having a center- line length of 1257.40', a radius of 5729.279' and a chord of S. 40 00' 36" W. 1250.94' to (74), said point being 18' left of Sta- tion 152+45.3; thence S. 33 43' 24" W. 354.70' to (71), said point being 18' left of Station 156+00; thence S. 56 16' 36" E. 2.00' to (72), said point being 20' left of Station 156+00; thence S. 33 43' 24" W. 600.00'to (347), said point being 20' left of Station 162+00; thence S. 56 16' 36" E. 5.00' to (348), said point being 25' left of Station 162+00; thence S. 33 43' 24" W. 376.60'to (345), said point being 25' left of Station 165+76.6; thence on a curve to the right hav- ing a centerline length of 604.50', a radius of 1432.193' and a chord of S. 49 03'32" W. 831.44' to (341), said point being 25' left of Station 171+81.1; thence S. 57 54' 24" W. 324.40' to (337), said point being 25' left of Station 177+00; thence S. 56 43' 30" W. 484.90' to (332), said point be- ing 35' left of Station 182+14.9; thence S. 32 05' 36" E. 9.00' to (333), said point being 44' left of Station 182+14.9; thence on a curve to the right having a cen- tedine length of 363.60', a radius of 2460.581' and a chord of S. 62 08' 24" W. 369.77' to (329), said point being 44' left of Station 185+78.5; thence S. 66 22' 24" W. 921.50' to (323), said point being 44' left of Station 195+00; thence N. 23 o 37' 36" W. 19.00' to (322), said point being 25' left of Station 195+00; thence S. 66 22' 24"W. 123.20'to (320), said point being 25' left of 196+23.2; thence on a curve to the right having a centerline length of 526.90', a radius of 1074.341' and a chord of S. 73 45' 15" W. 282.46' to (288), said point being 25' left of Station 199+00; thence S. 53 26' 31" W. 71.51' to (278), said point being 60' left of Station 199+60; thence. S. 88 18' 22" W. 256.20' to (283), said point being 50' left of Station 202+05.1; thence N. 40 29' 36" W. 42.43' to (281), said point being 20' left of Station 202+35.1; thence N. 85 29' 36" W. 164.90' to (276), said point being 20' left of Station 204+00; thence N. 04 30' 24" E. 5.00' to (275), said point being 15' left of Station 204+00; thence N. 85 29' 36" W. 39.10' to (271), said point being 15' left of Station 204+39.1 ; thence on a curve to the left hav- ing a centerline length of 351.50', a radius of 1273.320' and a chord of N. 89 49' 51" W. 192.60' to (222) the point of beginning, con- taining 10.571 acres; All of that certain lot or parcel of real estate situate on the east Under and by virtue of the side of Bloomery Road (WV Rt. power of sale contained in that 27) in the Harpers Ferry District, ,certain Credit Line Deed of Trust Jefferson County, West Virginia, , and Security Agreement dated as being comprised of the prop- ,of June 24, 2004 from Old Stan- erty more particularly described dard LLC to BB&T Collateral Ser- in: (a) that certain deed by Old , :vice Corporation, Trustee for the Standard, LLC to the Jefferson .benefit of Branch Banking and County Public Service District Trust Company CBB&T") record- CJCPSD") of record in the Of- :ed with the Clerk of the' County rice of the Clerk of the County Commission of Jefferson County, Commission of Jefferson County, -West Virginia in Trust Book 1324 West Virginia in Deed Book 995, Page 336 (the "Deed of Trust"), at page 368, saving and except- ::, BB&T having subsequently ap- ing the property described in that pointed Charles S. Trump, IV certain deed by the JCPSD to Old as Substitute Trustee in the Standard, LLC of record in the place of BB&T Collateral Ser- Office of the Clerk of the County vice Corporation by instrument Commission of Jefferson County, . duly executed, acknowledged West Virginia in Deed Book 1040, .and recorded with the Clerk of at page 625; plus (b)that certain the County Commission of Jef- deed by Old Standard, LLC to the , ferson County, West Virginia in JCPSD of record in the Office of ~Trust Book 1083 at Page 625, the Clerk of the County Commis: default having occurred under sion of Jefferson County, West , the terms of said Deed of Trust Virginia in Deed Book 1040, page ,, and at the request of the holder of 623. TRACT 2 is believed to be ,. the indebtedness secured by said that parcel identified as "HFD - Deed of Trust (the "Noteholder"), Mll P24.2-J.C.P.S.D.-D.B. 995 the undersigned Substitute Trust- P. 368-2.854 Acres (After Merg- . ee (the 'q-rustee") will offer for er)" on a plat entitled "Proposed sale at public auction at the' Jef- Merger Parcels Old Standard, ferson County Courthouse, 100 LLC" made by Dewberry & Davis, East Washington Street, Charles LLC dated 30 July, 2007 and re- Town, West Virginia 25414 on: corded in the Office of the Clerk of the County Commission of Jef- Wednesday, July 31, 2013 ferson County, West Virginia in at 10:30 a.m. Plat Book 24 at Page 47. : ALL OF THAT property and any TRACT 1 and TRACT 2 (col- ,,improvementsthereon being situ- lectively, the "Property") are be- , . ate in Jefferson County, West Vir- lieved to consist in the aggregate , ginia, and being described as: of approximately 407.54 acres of , TRACT 1 land situated about 1,4 mile south ,All that certain lot, tract or parcel of WV340 along Millvale Road. ,. of real estate, situate, lying and The site is further identified by :being in the Harpers Ferry Dis- the Jefferson County Assessor's ,trict of Jefferson County, West Office as Map 9, Parcel 50 and ,Virginia, being more particularly Map 11 Parcel 24 (the primary described as follows, to-wit: site). TRACT 1 is believed to be , ,BEGINNING at (313) a 5/8" rebar 404:686 acres in size &nd im- and cap set on the easterly side of proved by a 40 acre man made . -W. Va. Sec. Rte. 27 and corner to lake. Preliminary development : ,the Edith B. Hoffman tract; thence includes a water treatment plant ,, with the said Hoffman tract in part believed to be located on TRACT "and in part with the John N. & 2. The Property is zoned"Brown- , June H. Newcomer tract, S. 56 field" under Senate Bill 88, as -06' 53" E. 2557.32'to (202) a 5/8" approved by the State of West -rebar and cap set in the south- This conveyance is expressly Virginia. ,erly line of the said Newcomer made subject to easements of , .tract and corner to the Alexander record and in existence. SAVING TERMS OF SALE: The Prop- -. Murphy tract, said point being N. ~ the following erty will be offered for sale as an ,56 06' 53" W. 260.29' from (148) described parcels of real estate: entirety. A deposit in the amount an iron pin found corner to the of Three Hundred Six Thousand ' . Lynwood S. Barton tract; thence (1) That certain Chessie System Dollars ($306,000.00), payable in , "with the said Murphy tract the fol- right-of-way as shown on the cash, certified check or other form , lowing courses: S. 64 37' 57" W. aforesaid plat and more particu- acceptable to the Trustee, will be ' 263.88' to (203) a 5/8" rebar and larly bounded and described as required of the purchaser of the , cap set; thence S. 33 07' 57" W. follows: Property as an entirety at the .362.84' to (204) a 5/8" rebar and BEGINNING at (222) a 5/8" rebar time and place of sale. TRACT 1 , cap set; thence S. 19 22' 57" W. and cap set on the easterly side of and TRACT 2 will also be offered 230.90' to (205) a 5/8" rebar and the R.R. R/W, said point being 15' for sale separately. A deposit in cap set; thence S. 35 07' 57" W. left of Station 206+31.8; thence the amount of Three Hundred 329.85' to (146) a hacked double crossing the said R/W N. 31 27' Thousand Dollars ($300,000.00), -red oak; thence S. 45 07' 03" E. 31" E. 54.88'to (234) a 5/8" rebar payable in cash, certified check 462.74' to (208) a point on the and cap set on the westerly side or other form acceptable to the 'westerly bankof the Shenandoah of the said R/W, said point be- Trustee, will be required of the River, said point being S. 45 07' ing 20' right of Station 206+00.6; purchaser of TRACT 1 at the 03" E. 10.58' from a flanged axle thence with the said westerly time and place of sale. A deposit set; thence with the meanderings side of the said R/W the follow- in the amount of Six Thousand of the westerly bank of the said ing courses: on a curve to the Dollars ($6,000.00), payable in ,Shenandoah River the following right having a centerline length of cash, certified check or other :courses; S. 62 07' 30" W. 493.70' 351.50', a radius of 1273.320' and form acceptable to the Trustee, to (144); thence S. 46 01' 37" W. a chord of S. 72 33" 26' E. 29.84' will be required of the purchaser 605.33'to (143); thence S. 38 56' to (229), said point being 20' right of TRACT 2 at the time and place 59" W. 661.57' to (142); thence S. of Station 205+73; thence N. 01 of sale. Any bids received will be 30 05' 18" W. 1611.93' to (141); 31' 06" W. 20.00' to (230), said reserved until all bids have been thence S. 44 19' 36" W. 455.84' point being 40' right of Station received and the Property will be to (140); thence S. 61 22' 15" W. 205+73; thence on a curve to the sold in such manner as results in 1341.40' to (139); thence S. 71 right having a centerline length the highest aggregate sale price. ' 24' 56" W. 2417.02' to (189) a of 351.50', a radius of 1273.320' The purchaser(s) shall pay inter- " ' point on the westerly bank of the and a chord of S. 88 30' 21" E. est on the unpaid balance of the isaid Shenandoah River and cor- 138.04' to (270), said point be- applicable purchase price at the ',ner to the Blue Ridge Ent. of W. ing 40' right of Station 204+39.1 ; rate of six percent (6%) per an- ' Va, Inc. tract, said point being an thence S. 85 29'36" E. 39.10'to num from the date of sale to and ' extension of a large row of trees; (274), said point being 40' right of including the date of settlement. " thence with the said Blue Ridge Station 204+00; thence S. 04 30' The balance of the purchase price 'tract, N. 15 30' 44" W. 149.91' 24" W. 10.00' to (273), said point shall be due in cash or by certified L "to (231) a 5/8" rebar and cap set being 30' right of Station 204+00; check on the date of settlement. corner to the Chessie Systemthence S. 85 29'35" E. 130.00 to In the event the Noteholder, or an , R.R. R/W and the Ellis A. John- (287), said point being 30' right of affiliate thereof, is the successful son tract (Lot No. 2); thence with Station 202+70; thence N. 04 30' bidder at the sale, such party or "the said Lot No. 2 the following 24" E. 11.00' to (279), said point its assignee will not be required ~courses: N. 75 05' 12" E. 284.00' being 41' right of Station 202+70; to make a deposit or pay inter- .to (232) a 5/8" rebar and cap set; thence N. 88 01'08" E. 265.47 to est on the unpaid balance of the ' thence N. 24 43' 25" W. 148.00' (286), said point being 41'right of (2) Those certain contiguous purchase price. Taxes, water rent to (221) a rebar and cap set on the Station 200+00; thence S. 0331' lots of real estate located within and all other municipal charges 'easterly side of the said Chessie 54" E. 16.00' to (318), said point the perimeter of the aforesaid and liens owed against the Prop- :System R/W; thence crossing the being 25' right of Station 200+00; 429.656-acre tract shown on the erty or applicable TRACT thereof said Chessie System R/W the fol- thence on a curve to the left hav- plat attached hereto and desig- shall be the responsibility of the lowing courses: N 04 09' 51" W. "ing a centerline length of 526.90', nated "Outsales 11.55 acres," purchaser(s) and shall be paid '45.00' to (222) a 5/8" rebar and a radius of 1074.31' and chord and more particularly bounded by the applicable purchaser(s) at cap set; thence N. 31 27' 31" E. of N. 76 25' 14" E. 366.146' to and described as follows: settlement. In addition, all other 54.88" to (234) a 5/8" rebar and (319), said point being 25'right of BEGINNING at (165) a 1" x 1" charges, expenses and liens cap set on the westerly side of Station 196+23.2; thence N. 66 angle iron found comer to the owed against the Property or ap- the said Chessie System R/W22' 24" E. 323.20' to (325), said Mary Nathanson--Trustee tract, plicable TRACT thereof and not 'and corner to the Ellis A. Johnson point being 25' right of Station said point being S. 42 30' 56" extinguished by foreclosure of tract (Lot No. 1); thence with the 193+00; thence N. 23 37'36" W. W. 335.33' from property corner the Deed of Trust including, but said Lot No. 1, N. 18 03' 13" W. 2.00'to (326), said point being 27' point (146) a hacked double red not limited to, all public charges " 64.58' to (235) a 5/8" rebar and right of Station 193+00; thence oak; thence with the said Na- and assessments owed against cap set on the easterly side of N. 66 22'24" E. 721.50'to (327), thanson tract S. 51049, 09" W, the Property and payable on ' the above-mentioned W. Va. Sec. said point being 27' right of Sta- 384.31' to (164) a 1" x 1" angle an annual basis, such as sani- Rte. 27; thence with the said W. tion 185+78.5; thence N. 23 iron found another corner to the tary and/or metropolitan district i 'Va. Sec. Rte. 27 on a curve to the 37' 36" W. 23.00' to (328), said said Nathanson tract; thence still charges, if any, shall also be the left having a length of 203.64', a point being 40! right of Station with the said Nathanson tract responsibility of the applicable "radius of 321.583'and a, chord of 185+78.5; thence on a curve to in part, in part with the Charles purchaser(s) and shall be paid ~N. 41 o 15' 17" E. 91.79 to (236) the left having a centerline length S. Webb, Sr. estate tract-and in by the applicable purchaser(s) ' :a 5/8" rebar and cap set on the of 363.60', a radius of 2460.581', part with the Mary H. McCormick at settlement. The cost of all ap- ' i easterly side of the said W. Va. and a chord of N. 63 44' 30" E. estate tract N. 55 20' 08" W. plicable documentary stamps, Sec. Rte. 27 and corner to the 356.77' to (331), said point be- 1184.65' to (200) a 5/8" rebar and recordation taxes, document 'M. E. Church-South tract; thence ing 40' right of Station 182+14.9; cap set another corner to the said preparation and transfer taxes is to be paid by the applicable purchaser(s). The Trustee re- serves the right to reject any and all bids, and to extend the time for settlement, if applicable. The Property will be sold in an "AS IS" condition and without any warranties or representations, either express or implied, as to title or as to the nature, condition or description of the improve- ments. In addition, the Property will also be sold subject to all existing housing, building and zoning code violations, subject to all critical area and wetland violations, subject to all environ- mental problems and violations which may exist on or with re- spect to the Property, and subject to all matters and restrictions of record affecting the same, if any. The purchaser(s) at the foreclo- sure sale shall assume the risk of loss for the above-referenced Property or applicable TRACT thereof immediately after the sale takes place. It shall be the purchaser(s)' responsibility to ob- tain possession of the Property or applicable TRACT thereof follow- ing execution and delivery of the deed from the Trustee conveying the Property or applicable TRACT thereof to the purchaser(s). The Property will be sold subject to all easements, condi- tions, liens, restrictions, rights of redemption, covenants, encum- brances, such state of facts that an accurate survey or physical inspection of the Property might disclose, and agreements of re- cord affecting the same, if any, not extinguished by foreclosure of the Deed of Trust, includ- ing without limitation, the water, sewer, utility and construction easements reflected on plats of record with the Clerk of the County Commission of Jeffer~ son County, West Virginia in Plat Book 24, Page 49; Plat Book 24, Page 49A; Plat Book 24, Page 49B; and Plat Book 24, Page 49C, the easements and rights granted to Jefferson Utilities, Inc. by Old Standard, LLC, et al., in that certain Deed of Easement, dated August 21,2007, recorded in the aforesaid Clerk's Office in Deed Book 1040, Page 653, et seq, and all easements, decla- rations, and covenants to which the Deed of Trust has been sub- ordinated of record by the Note- holder prior to the date of the foreclosure sale. The purchaser(s) shall pay all applicable state and local transfer taxes, recordation taxes and fees, title examination costs, attorneys' fees, conveyance fees and all other incidental settlement costs. The purchaser(s) shall settle and comply with the sale terms within thirty (30) days following the date of the public auction, unless said period is extended, by the Trustee for good cause shown. Time is of the essence. Settlement shall be held at the offices of Trump & Trump, L.C., 307 Rock Cliff Drive, Martinsburg, West Virginia 25401. In the event the purchaser(s) fails to go to settlement as re- quired, in addition to any other legal or equitable remedies avail- able to him, the Trustee may, without further order of any court, declare the applicable deposit forfeited and resell the Property or applicable TRACT thereof at the defaulting purchaser(s)' risk and expense. In such event, the defaulting purchaser(s) shall be liable for the payment of any deficiency in the purchase price, all costs and expenses of both sales, reasonable attorneys' fees, all other charges due, and inci- dental damages. In the event a resale of the Property or appli- cable TRACT thereof results in a sale in excess of the amount originally bid by the defaulting purchaser, the defaulting pur- chaser waives any and all claims, rights and interest to any such excess amount and shall not be entitled to any distribution what- soever from the resale proceeds. The parties' respective rights and obligations regarding the terms of sale and the conduct of the sale shall be governed by and inter- preted according to the laws of the State of West Virginia. If the Trustee is unable to convey the Property or any TRACT as described above, the purchaser(s)' sole remedy at law or in equity shall be limited to the refund of the applicable deposit, without interest thereon. Upon refund of the applicable deposit to the purchaser(s), the sale shall be void and of no effect, and the purchaser(s) shall have no fur- ther claim against the Trustee or the Noteholder. The information contained herein was obtained from sourc- es deemed to be reliable, but is offered for informational pur- poses only. The Noteholder and the Trustee do not make any rep- resentations or warranties with respect to the accuracy of this information. Charles S. Trump IV, Substitute Trustee 7/17/2t TRUSTEES" SALE OF VALUABLE REAL ESTATE The undersigned Trustees, by virtue of the authority vested in them by that certain deed of trust dated March 7, 2005, and duly recorded in the Office of the Clerk of the County Commission of Jefferson County, West Virginia, in Deed of Trust Book 1408, at page 171, Anthony Shane Brackett did convey unto Christopher Leavey, Trustee, certain real property described in said deed of trust; and the beneficiary has elected to appoint Teays Valley Trustees, LLC as substitute Trustees by a Substitution of Trustee recorded in the aforesaid Clerk's Office; and default having been made underthe aforementioned deed of trust and the undersigned Trustees, having been instructed by the secured party to foreclose thereunder, will offer for sale at public auction at the front door of the Jefferson County Courthouse, 100 East Washington Street, Charles Town, West Virginia 25414 on: August 19, 2013 At 11:00 AM Being all that certain parcel of real property, with the improvements thereon and the appurtenances thereunto belonging, situate in the Middleway District, Jefferson County, West Virginia, designated and described as Lot 22, Section 2 of The Meadowlands Subdivision, as set forth upon that certain Subdivision Survey Plat prepared by Gates Associated, dated March 13, 1989 and recorded in the Office of the Clerk of the County Commission, Jefferson County, West Virginia, in Plat Book 10, at Page 60. 581 New Meadow Drive, Kearneysville, WV 25430 The aforesaid property is S U BJ EC-FI-Oanyand alleasements, rights-of-way, conditions, covenants and restrictions of record or in existence. - The sale of the foregoing real property will be made subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real estate, subject to all matters disclosed by an examination and inspection of the property, subject to any and all unpaid taxes as recorded against said property, and to any further matters', announced at said sale. The property is sold subject to an accurate survey at purchaser's expense. The sale of the foregoing real property will also be made expressly subject to any and all other deeds of trust, judgments, liens, and all other encumbrances of any nature whatsoever, if any, having priority over the deed of trust referred to herein. The Trustees reserve the right to adjourn the sale, for a time, or from time to time, without further notice, by announcement at the time and place of sale describe above or any adjournment thereof. The Trustees reserve the right to reject any and all bids. The subject property will be sold in "AS IS" condition. The Trustees shall be Under no duty to cause any existing tenant or person occupying the subject property to vacate said property. The Trustees will deliver a trustees" deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code 38-1-6. The Trustees make no representations and warranties about the title of the real estate to be conveyed. If the Trustees are unable to convey insurable or marketable title to purchaser for any reason, purchaser's sole remedy is return of deposit. TERMS OF SALE: $28,000.00 cash in hand at the time of sale in the form of a certified check or cashier's check made payable to 'qeays Valley Trustees, LLC," and the balance in cash closing within 30 days of the date of the sale. Purchaser shall pay for transfer stamps and recording fees. Additional terms of sale may be announced prior to the sale. Teays Valley Trustees, LLC 55 Meridian Parkway, Suite 108 Martinsburg, West Virginia 25404 (304) 757-7956 http://foreclosure.closingsource.net 7/1 7/2t FIDUCIARY NOTICE I have in my hands for final settlement the accounts of Eliza- beth Ann Miller, Executrix of the Estate of Lelia H. White. June K. Jovanelly Fiduciary Commissioner Jefferson County, WV 7/24/2t announcements, letters, news and at news@spiritofjefferson.com, L