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Spirit of Jefferson Farmers Advocate
Charles Town, West Virginia
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August 22, 2012     Spirit of Jefferson Farmers Advocate
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pirit JEFFERSON and FARMER'S ADVOCATE Legals Wednesday, August 22, 2012 BIB " NOTICE OF TRUSTEE'S SALE Notice is hereby given that by virtue of the authority under that certain deed of trust executed by Franklin D. Mason and Les- ley K. Mason, to Richard A. Pill, Trustee(s) dated May 15, 2002, and recorded in the office of the Clerk of the County Commission of Jefferson County, West Virgin- ia, in Trust Deed Book 1085, at page 406, by which was conveyed to said Trustee(s) the hereinafter described real estate to secure the payment of a certain promis- sory note set out and described therein, and default having been made in the payment of said note, the undersigned Trustee(s) hav- ing been requested in writing by the holder of said note, will sell to the highest and best bidder on September 5, 2012 at 2:36 p.m at the front door of the courthouse of Jefferson County, West Vir- ginia, the real estate conveyed by said deed of trust and situate in Bolivar Corp District, Jefferson County, West Virginia, together with easements, improvements and appurtenances thereunto belonging, and at the time of the signing of the Deed of Trust it was reported that the address was: 340 Madison Street, Harp- ers Ferry, West Virginia and being more particularly bounded and described therein as follows: All that certain parcel of land, situ- ate on the west side of Madison Street in the Town of Bolivar in Jefferson County, West Virginia, and more particularly described as Parcel Two, fronting about 8.0 feet on the west side of Madison Street, and extending back west southwestwardly between paral- lel lines between 80 and 82 feet to a common line with Eackles in the rear, which was conveyed to the said J. Donald Eackles by E J. Beckwith, Deputy Com- missioner of Forfeited and Delin- quent lands for Jefferson County, West Virginia, by Deed dated March 15, 1955 and recorded in the aforesaid Clerk's Office in Deed Book 204, at page 240. This sale is made subject to any special assessments, unpaid taxes, easements, conditions, reservations and restrictions af- fecting the aforesaid real estate. The property will be conveyed in an "AS IS" condition by Deed containing no warranty, express or implied, subject to all property taxes, prior Deeds, liens, reser- vations, encumbrances, restric- tions, rights of ways, easements, covenants, conveyances and conditions of record in the Clerk's office or affecting the subject property. Pursuant to the terms qf said deed of trust, the Trustee(s) may postpone the sale by public an- nouncement at the time and place designated for the sale. The West Virginia Housing De- velopment Fund or its designee may purchase the property at any sale. The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate said property, and any personal property and/or belong- ings remaining at the property after the foreclosure sale will be deemed to constitute ABAN- DONED PROPERTY AND WILL BE DISPOSED OF ACCORD- INGLY. TERMS OF SALE: Cash in hand on day of sale. DATED this 13th day of Au- gust, 2012. Richard A. Pill Trustee 304-263-4971 8/22/2t NOTICE OF TRUSTEE'S SALE Notice is hereby given that by virtue of the authority under that certain deed of trust executed by John David Biller and Rox- anne E. Biller, married, to Otis L. O'Connor, Trustee(s) dated May 14, 2002, and recorded in the office of the Clerk of the County Commission of Jefferson County, West Virginia, in Trust Deed Book 1085, at page 454, by which was conveyed to said Trustee(s) the hereinafter described real estate to secure the payment of a certain promissory note set out and de- scribed therein, and default hav- ing been made in the payment of said note, the undersigned Sub- stitute Trustee(s) having been appointed Substitute Trustee by an Appointment of Substitute Trustee dated July 26, 2012, and having been requested in writing by the holder of said note, will sell to the highest and best bidder on September 5, 2012 at 2:33 p.m at the front door of the courthouse of Jefferson County, West Vir- ginia, the real estate conveyed by said deed of trust and situate in Keyes Ferry Acres District, Jef- ferson County, West Virginia, to- gether with easements, improve- ments and appurtenances there- unto belonging, and at the timeof the signing of the Deed of Trust it was reported that the address was: Route 1, Box 1262, Harpers Ferry, West Virginia, and being more particularly bounded and described therein as follows: All that certain real estate situ- ated on the east side of the Shenandoah River in the Keyes Ferry Acres District, Jefferson County, West Virginia and more particularly bounded and de- scribed as follows: Being all of Lot No. 6, in Sec- tion XXXlI, of the Keyes Ferry Acres Subdivision, as the same is designated and described on the plat of Section XXXII, Keyes Ferry Acres, dated December 30, 1970, made by P. C. DiMagno, and recorded in the Office of the Clerk of the County Commission, Jefferson County, West Virginia in Plat Book 2 at Page 309. Ref- erence is also hereby made to the plat of Section XXlX of Keyes Ferry Acres, recorded in said Clerk's Office in Plat Book 1 at Page 221. This sale is made subject to any special assessments, unpaid taxes, easements, conditions, reservations and restrictions af- fecting the aforesaid real estate. The property will be conveyed in an "AS IS" Condition by Deed containing no warranty, express or implied, subject to all property taxes, prior Deeds, liens, reser- vations, encumbrances, restric- tions, rights of ways, easements, covenants, conveyances and conditions of record in the Clerk's office or affecting the subject property. Pursuant to the terms of said deed of trust, the Trustee(s) may postpone the sale by public an- nouncement at the time and place designated for the sale. The West Virginia Housing De- velopment Fund or its designee may purchase the property at any sale. The Substitute Trustees shall be under no duty to cause any ex- isting tenant or person occupying the property to vacate said prop- erty, and any personal property and/or belongings remaining at the property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF AC- CORDINGLY. TERMS OF SALE: Cash in hand on day of sale. DATED this 9th day of August, 2012. Richard A. Pill Substitute Trustee 304-263-4971 Kristin A. Shaffer Substitute Trustee 304-391-8646 8/22/2t ston Threadgill and Joyce Ann Charles Town, West Virginia. certain real property described in the Charles Town Corporation Threadgill, and recorded in the Copies of the proposed textsaid deed of trust; and the ben- District, Jefferson County, West Office of the Clerk of the County amendment can be found at the eficiary has elected to appoint Virginia, and more particularlyde- Commission of Jefferson County, Departments of Planning andTeays Valley Trustees, LLC as scribed as follows: West Virginia, in Deed Book 944, Zoning office located at 116 East substitute Trustees by a Substi- All that certain lot or parcel at Page 14. Washington Street in Charles tution of Trustee recorded in the of real estate, with the improve- The above-described property Town, the County Commissionaforesaid Clerk's Office; and de- ments thereon and the appurte- will be sold subject to any cov- office located at 124 E. Washing- fault having been made under the nances thereunto belonging, situ- enants, restrictions, easements, ton Street in Charles Town, and aforementioned deed of trust and ate in Charles Town Corp District, leases and conditions of record, on the County's website at: b ttlZE the undersigned Trustees, having Jefferson County, West Virginia, and subject to any unpaid real www.jeffersoncountywv.org/g0v- been instructed by the secured being more particularly bounded estate taxes, ernment/deDartments/planning- party to foreclose thereunder, and described as follows: The subject property will be and-zoninadepartment/ordinanc- will offer for sale at public auc- Being all of Lot No. 67, in sold in "AS IS" condition. The es-reaulations-3.html, tion at the front door of the Jef- Phase I, of the Huntfield Subdivi- Substitute Trustee shall be under no duty to cause any existing ten- ant or person occupying the sub- ject property to vacate said prop- erty. TERMS: Ten percent (10%) of the purchase price as a cash deposit with the balance due and payable within 30 days of the day of sale. Richard A. Pill, Substitute Trustee P. O. Box 440, 85 Aikens Center," Martinsburg, WV 25404 Phone (304) 263-4971, Fax (304) 267-5840, e-mail: pillfore- closures@ earthlink.net 8/15/3t LEGAL ADVERTISEMENT NOTICE t)l: .( l-II DIl lP,n SALE OF PERSONAL PROPERTY The Sheriff of Jefferson Coun- ty, West Virginia, gives notice that he will sell the following per- sonal property levied upon in civil action case number #11-C-322 Valley Equine AssociatesNalley Veterinarian Service V Pat/'icia M. Sanderson and Locust Knoll Farm Inc. in the Circuit Court of Jefferson County, West Virgin- ia, being a 1984 $1900 diesel dump truck VIN #1HTLDTVR5E- HA52023, a John Deere Gator diesel #CH3007D004824, a John Deere 850 diesel tractor #012560 the property of Patricia M. Sand- erson and Locust Knoll Farm, Inc defendant(s) therein, which sale is to be held at the Jeffer- son County Sheriff's Department located at 102 Industrial BIvd, Kearneysville, WV 25430 (back parking lot), Jefferson County, West Virginia on Friday, the 31st day of August, 2012 at 10:00 a.m. or as soon thereafter as may be convenient or possibJe. The vehicles will be sold as is. All sales final. Preferred payment is in form of cash (exact change) or certi- fied funds. TRUSTEE'S SALE OF Personal checks accepted VALUABLE REAL ESTATE' by Sheriff's approval only. The undersigned Substitute All vehicles must be paid for Trustee, by virtue of the author- and removed from the property ity vested in him by that certain by close of business Friday, Au- Deed ,of Trust dated January 3, gust 31,2012. 2001, and duly recorded in the Robert El Shirley Office of the Clerk of the County Sheriff of Jefferson County Commission of Jefferson County, West Virginia WestI Virginia, in Deed of Trust. 8/15/2t Book 994, at Page 581, Teddy Edward Threadgill did convey unto James B. Crawford, Trustee, ORDER OF PUBLICATION certain real property described in FAMILY COURT OF said deed of trust; and the benefi- JEFFERSON COUNTY, W3/ ciary has elected to appoint=Rich- John Michael Hutzler, ard A. Pill as Substitute Trustee Petitioner VS Jessica by a Substitution of Trustee re- Theodora Wilson, Respondent corded in the aforesaid Clerk's Case Number: 12-D-297 Office; and default having been The object of this suit is to made under the aforementioned establish paternity. It appearing Deed of Trust, and the under- by the affidavit filed in this action signed Substitute Trustee having that Jessica Theodora Wilson is a been instructed by the secured non-resident of the state of West party to foreclose thereunder, will Virginia. It is hereby ordered that offer for sale at public auction at she serve upon: the front door of the Jefferson John Michael Hutzler County Courthouse, in Charles 220 Berkshire Drive Town, West Virginia, on Falling Waters, WV 25419 Wednesday, September 5, Plaintiff, an answer including any 2012, at 2:42 PM related counter claim or defense ,the following described real es- you may have to the petition filed tate, with its improvements, ease- in this action on or before Sep- ments and appurtenances there- tember 17, 2012. If you fail to do unto belonging, situate in the so, thereafter judgment, upon Charles Town District, Jefferson proper hearing and trial, may be County, West Virginia, and more taken against you for th~ relief particularly described as follows: demanded in the petition. All the following described real A copy of said petition can be property, together with all eXisting obtained from the undersigned or subsequently erected or affixed clerk at her office. buildings, improvements and fix- Entered by the clerk of said tures, all easements, rights of way, court on August 6, 2012. and appurtenances; all water, wa- Laura E. Storm, Clerk of Court ter rights and ditch rights (includ- By: A Rickard, Deputy Clerk ing stock in utilities with ditch or it- 8/22/2t rigation rights); and all other rights, royalties, and profits relating to the real property, including without NOTICE OF limitation any right, title and inter- PUBLIC HEARING est of Grantor in all minerals, oil, COUNTY COMMISSION OF gas, geothermal and similar mat- JEFFERSON COUNTY ters, located in Jefferson County, Thursday, September 6, 2012 State of West Virginia. at 7:00 p.m. That certain parcel of real es- The County Commission of tate containing 0.784 acre, more Jefferson County has scheduled or less, on the southeast side a Public Hearing on a proposed of West Virginia State R(~ute 9, Zoning Ordinance Text Amend- east of the Shenandoah River ment to establish additional corn- in Charles Town District, Jeffer- mercial and industrial zoning son County, West Virginia, as district categories, and related said lot is described on a plat changes to the ordinance. The entitled "Plat of Survey show- amendment includes changes to ing the Detrich Property" by R. the following sections of the Zon- Michael Shepp, PLS, dated 29 ing and Land Development Ordi~ August, 1991, attached to deed nance: 4.4; 4.6; 4.10; 4.11; 5.1; and recorded in the Office of the 5.4; 5.6; 5.7; 5.8; 5.10; 6.3; 6.5; Clerk of the County Commis- 8,1; 8.9; 8.12; 12.2; 12.3;Appen- sion of Jefferson County, West dices A, B, and C; and the addi- Virginia, in Deed Book 692, at tion of new Sections 5.11, 5.12, Page 226. 5.13, 5.14, 5.15, 5.16 and 5.17. At the time of the execution Oral or written comments can of the deed of trust, 1his prop- be provided at the public hearing erty was reported to have a mail- scheduled for 7:00 p.m Thurs- ing address of R.R. 4, Box 369, day, September 6, 2012 in the Harpers Ferry, WV 25425. County Commission meet- AND BEING the same real es- ing room located at the Old tate which was conveyed to Ted- Charles Town Library at 200 dy Edward Threadgill, by deed East Washington Street, at the dated January 3, 2001, from Win- side entrance on Samuel Street, If you have any questions, ferson County Cou~house, 100 sion, as the same is designated please call the Departments of Planning and Zoning office at (304) 728-3228. You may also provide written comments to info@jefferson- countywv.org. A decision may be made on the same date. By Order of The County Com- mission of Jefferson County Patricia A. Noland, President 8/22/2t TRUSTEE'S SALE OF VALUABLE REAL ESTATE The undersigned Substitute Trustee, by virtue of the author- ity vested in him by that certain Deed of Trust dated May 8, 2008, the'C~lerk of the County Commis- sion of Jefferson County, West Virginia, in Deed of Trust Book 1717, at Page 74, Michael Bois and Mayme R. Bois did con- vey unto Tasha Keller Catrow, Trustee, certain real property de- scribed in said deed of trust; and the beneficiary has elected to appoint Richard A. Pill as Substi- tute Trustee by a Substitution of Trustee recorded in the aforesaid Clerk's Office; and default hav- ing been made under the afore- mentioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by the secured party to foreclose there- under, will offer for sale at public auction at the front door of the Jefferson County Courthouse, in Charles Town, West Virginia, on Wednesday, September 5, 2012, at 2:30 PM the following described real es- tate, with its improvements, ease- ments and appurtenances there- unto belonging, situate in the Mid- dleway District, Jefferson County, West Virginia, and more particu- larly described as follows: gll that certain lot or parcel of real estate in Middleway District, Jefferson County, west Virginia, containing 10 acres, tnore or less, as the same is marked and delin- eated on a Plat of Survey Show- ing First Outsale dated April 1985 made and prepared by Appala- chian Surveys, Inc which said plat is of record in the Office of the Clerk of the County Commission of Jefferson County, West Vir- ginia, in Deed Book 544, at Page 113. TOGETHER WITH that cer- tain non-exclusive easement for ingress and egress to and from the property herein conveyed, over, across and upon the 20 foot wide private road leading from West Virginia State Route 1 to and along the northeast portion of the ioroperty, said easement to encompass the area, 20 feet in width, from the southerly side of West Virginia Route 1 to Point 205 .on the Plat. At the time of the execution of the deed of trust, this property was reported to have a mailing address of 164 Tel Farm Lane, Kearneysville, WV 25430. AND BEING the same real es- tate which was conveyed to Mi- chael Bois and Mayme R. Bois, by deed dated May 2, 2008, from Wesley M. Smoot and Teri L. Smoot, and recorded in the Of- rice of the Clerk of the County Commission of Jefferson Coun- ty, West Virginia, in Deed Book 1050, at Page 436. The above-described property will be sold subject to any cov- enants, restrictions, easements, leases and conditions of record, and subject to any unpaid real estate taxes. The subject property will be sold in "AS IS" condition. The Substitute Trustee shall be under no duty to cause any existing ten- ant or person occupying the sub- ject property to vacate said prop- erty. TERMS: Ten percent (10%) of the purchase price as a cash deposit with the balance due and pa~,able within 30 days of the day of sale. Richard A. Pill, Substitute Trustee P. O. Box 440, 85 Aikens Center, Martinsburg, WV 25404 Phone (304) 263-4971, Fax (304) 267-5840, e-mail:.pillfore- closures@earthlink.net 8/15/3t TRUSTEES" SALE OF VALUABLE REAL ESTATE The undersigned Trustees, by virtue of the authority vested in them by that certain deed of trust dated september 20, 2005, and duly recorded in the Office of the Clerk of the County Commis- sion of Jefferson County, West Virginia, in Deed of Trust Book 1484, at page 313, Craig S. Culp and Cynthia A. Culp did convey unto Robert L. Shuman, Trustee, East Washington Street, Charles and described on a plat made Town, West Virginia 25414 on: by Appalachian Surveys of WV, September 6, 2012 LLC, entitled "Final Plat Showing At 12:00 PM Lots 1-113, Phase I, Huntfield" The following described real es- dated May 31, 2002, which plat tate: is recorded in the Office of the Lot 19, containing 0.9239 Clerk of the County Commission acres, more or !ess, in the Stone of Jefferson County, West Virgin- Brook Subdivision in Harpers Fer- ia, in Plat Book 20, at Page 45, to ry District, Jefferson County, West which plat reference is made for a Virginia, as said Lot is described more particular description. on a Plat of Record in the Office of At the time of the exe~:ution the Clerk of the County Commis- ' of the deed of trust, this prop- sion of said County in Plat Book erty was reported to have a mail- 9 at Page 28, to which Plat refer- ing address of 241 Davis St ence is made for a more particu- Charles Town, WM 25414. lar description; Being part of the AND BEING the same real es- same real estate conveyed to the tate which was conveyed to Ray- Grantors by Deed from B&L Part- mond J. Heverline, Sr by deed nership, dated March 25, 1987, dated November 4, 2010, from Deed Book 600, at Page 651. tional Mortgage Association), and 836 Apple Cross Road, recorded in the Office of the Clerk Harpers Ferry, WV 25425 of the County Commission of Jef- The aforesaid property is ferson County, West Virginia, in SUBJECT TO any and all ease- Deed Book 1086, at Page 690. ments, rights-of-way, conditions, The above-described property covenants and restrictions of re- will be sold subject to any cov- cord or in existence, enants, restrictions, easements, The sale of the foregoing real leases and conditions of record, property will be made subject and subject to any unpaid real to all exceptions, reservations, estate taxes. rights of way, easements, con- The subject property will be sold .ditions, covenants, restrictions, in "AS IS" condition. The Substi- leases and other servitudes of tute Trustee shall be under no duty record, if any, pertaining to said to cause any existing tenant or per- real estate, subject to all matters son occupying thesubject property disclosed by an examination and to vacate said property. inspection of the property, subject TERMS: Ten percent (10%) to any and all unpaid taxes as re- of the purchase price as a cash corded against said property, and deposit with the balance due and to any further matters announced payable within 30 days of the day at said sale. The property is sold of sale. subject to an accurate survey at Richard A. Pill, purchaser's expense. Substitute Trustee The sale of the foregoing real P.O. Box440, 85 Aikens Center, property will also be made ex-Martinsburg, WV 25404 pressly subject to any and all Phone (304) 263-4971, Fax other deeds of trust, judgments, (304) 267-5840, e-mail: pillfore- liens, and all other encumbranc- closures@earthlink.net es of any nature whatsoever, if 8/15/3t any, having priority over the deed of trust referred to herein. The Trustees reserve the right LEGAL ADVERTISEMENT to adjourn the sale, for a time, or NOTICE OF SHERIFF'S from time to time, without further notice, by announcement at the SALE OF PERSONAL time and place of sale describe PROPERTY above or any adjournment there- The Sheriff of Jefferson Coun- of. The Trustees reserve the right ty, West Virginia, gives notice that to reject any and all bids. he will sell the following personal The subject property will be property levied upon in civil action sold in "AS IS" condition. The case number #11-C-1234 Paul Trustees shall be under no duty Simmons V Roger Whitmer in tocause any existing tenant or the Magistrate Court of Jefferson person occupying the subject County, West Virginia, being a property to vacate said prop- 1995 Ford van VIN #1FTFE24H6- erty. The Trustees will deliver a SHB59858 the property Of Roger trustees" deed to the purchaser Whitmer defendant therein. The without any covenant or warranty sale is to be held at the Jeffer- (express or implied) in the form son County Sheriff's Department, prescribed by W. Va. Code 38- located at 102 Industrial BIvd, 1-6. The Trustees make no repre- Kearneysville, WV 25430 (back sentations and warranties about parking lot), Jefferson County, the title of the real estate to be West Virginia on Friday, the 31 st conveyed. If the Trustees are un- day of August 201.2 at 10:00 a.m. able to convey insurable or mar- or as soon thereafter as may be ketable title to purchaser for any convenient or possible. reason, purchaser's sole remedy The vehicle will be sold as is. is return of deposit. All sales final. TERMS OF SALE: $24,000.00 Preferred payment is in the form cash in hand at the time of sale in of cash (exact change) or certified the form of a certified check or funds. Personal checks accepted cashier's check made payable to by Sheriff's approval only. 'qeays Valley Trustees, LLC," and All vehicles must be paid for the balance in cash closing within and removed from the property 30 days of the date of the sale. by close of business Friday, Au- Purchaser shall pay for transfer gust 31,2012 stamps and recording fees. Ad- Robert E. Shirley ditional terms of sale may be an- Sheriff of Jefferson County nounced prior to the sale. West Virginia Teays Valley Trustees, LLC 8/15/2t 600 A-1 Prestige Park Hurricane, West Virginia 25526 (304) 757-7956 IN THE CIRCUIT COURT http:/Iforeclosure.closingsource. OF JEFFERSON COUNTY, net WEST VIRGINIA 8115/2t IN RE: CHANGE OF NAME PETITION OF: DONALD THOMAS AYRES TO DONALD TRUSTEE'S SALE OF THOMAS AYERS; VALUABLE REAL ESTATE CIVIL ACTION NUMBER: The undersigned Substitute 12-P-74 Trustee, by virtue of the author- LEGAL NOTICE OF ity vested in him by that certain PUBLICATION FOR CHANGE Deed of Trust dated November OF NAME PROCEEDING 8, 2010, and duly recorded in the Notice is hereby given that Office of the Clerk of the County on the 17th day ofSeptember Commission of Jefferson County, 2012, at 2:00 p.m. on said day, West Virginia, in Deed of Trust or as soon thereafter as the mat~ Book 1825, at Page 22, Raymond ter may be heard Donald Thomas J. Heverline, did convey unto Ayres will apply by Petition to the Randall R. Conrad, II, Trustee, Circuit Court of Jefferson County, certain real property described in West Virginia for the entry of an said deed of trust; and the benefi- order by said Court changing his ciary has elected to appoint Rich- name from Donald ThomasAyres ard A. Pill as Substitute Trustee to Donald Thomas Ayers at which by a Substitution of Trustee re- time and place any interested corded in the aforesaid Clerk's party may appear and be heard, Office; and default having been if they so desire. made under the aforementioned You are hereby notifiedthat this Deed of Trust, and the under- matter may be rescheduled without signed Substitute Trustee having further notice or publication. been instructed by the secured A copy of said Petition can be party to foreclose thereunder, will obtained from the undersigned offer for sale at public auction at Clerk at her office: Clerk of Circuit the front door of the Jefferson Court, 119 North George Street, County Courthouse, in Charles Charles Town, WV 25414. Town, West Virginia, on Entered by the Clerk of said Wednesday, September 5, Court the 7th day of August 2012, at 2:45 PM 2012. the. following described real es- Laura E. Storm, Circuit Clerk tate, with its improvements, Jefferson County, West Virginia easements and appurtenances By: Ashtyn Wimer, Deputy Clerk thereunto belonging, situate in 8/15/2t l I t