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The Morgan Messenger
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March 31, 2010
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T • be Morgan Mtaatnger Wednesday, March 31, 2010 17 PUBLIC NOTICES "BECAUSE THE PEOPLE MUST KNOW" TRUSTEE'S SALE OF VALUABLE REAL ESTATE The undersigned Trustee, by virtue of the authority vested in him by that cer- tain Deed of Trust dated January 18, 005, and duly recorded in the Office of + the Clerk of the CountyCommission of ii Morgan County, WestVirginia, in Deed .... of Trust Book 254, at Page 279, Ryan T. ..... Stead and Amanda L. Stead did convey BI To the Creditors and Beneficiaries of the Estate of William Henry Beiton All persons havin.9 ' claims against the estate of the said Wlliam Henry Belton, deceased, whether due, or not, are noti- fied to exhibit same, with the voucher thereof, legally verified, to the under- signed, at the Law Office of Harmison : unto Richard A. Pill, Trustee, certain real" and Associates, I1 N. Washington + property described in said deed of trust; Street, Berkeley Springs, West Virginia, ".and default having been made under on or before the 29th day of,June, 2010; .... the aforementioned Deed of Trust, and otherwise they may be excluded from all the undersigned Trustee having been Instructed by the secured party to lore- ,close thereunder, will offer for sale at ub c auction at the front door of the organ County Courthouse, in Berkeley " Springs, West Virginia, on Thursday, April 8, 2010, at 11:00 AM the following described real estate, with its improvements, easements and appurtenances thereunto belonging, sit- bate in the Timber Ridge District, Morgan County, West Virginia, and more particularly described as follows: • i All of the following described parcel of real estate together with all rights, • privileges, improvements, rights-of-way  and appurtenances thereunto belong- ing, situate .in "lTmber Ridge District, + Morgan County, West Virginia on the ' Southern side of Morgan County Route .17/1 "Mauzy Road", and being more particularly described as follows: Beginning at (1) a point within the right- 'of-way of Morgan County Route 17/1 .'Mauzy Road", the northeastern corner • ,of Wayne S. Welch (D B 191, Pg 297), thence within the right-of-way of said -road S 63 d. 44' 56" E 387.85 feet to (2) a set 5/8 inch rebar, thence leaving : said road and through the original tract of which this parcel is a part by the fol- lowing four new division lines $25 deg. 48' 46" W 260.80 feet to (3) a set 5/8 inch rebar, thence N 61 deg. 36' 47" W 262.54 feet to (4) a set 5/8 inch rebar, thence N 24 deg. 10' 16" E 59.76 feet to a 10 inch Norway Spruce, the same course continued 32.00 feet farther (in all 91.76 feet) to (5) a set 5/8 inch rebar, thence N 66 dl. 51' 19" W 116.62 feet = to (6) a set 5/8 inch rebar in the line of the aforesaid Welch, thence with said  Welch N 23 deg. 35' 04" E 155.61 feet to a found flush 5/8 inch rebar, the same course continued 10.00 feet farther (in all 165.81 feet) to the beginning, con- taining 2.00 acres more or less, as sur- veyed by Charles P. Dawson, West Virginia Licensed Land Surveyor No. 808, on December 15, 2004, and as shown on Berkeley Land Surveys Plat No. 2004229 attached hereto. The grantors reserve for themselves, their henrs and assigns a 40 foot wide non-exclusive right of way leading to the barn shown on Plat No. 20040229, the location of said right-of-way is clearly =hewn on the aforesaid Plat. This right- of-way is for the sole purpose of provid- ing access to, and only to the aforesaid barn. If the existing barn is ever dam- aged or destroyed the Grantors, their -+ heirs and assigns shall have the right to + restore or rebuild the barn at its current i location. If the barn shall cease to exist at its current location, this right-of-way shall terminate and cease to exist. The Grantors further grant to the Grantees all of the oil, gas and minerals in, upon or under the 2.00 acre parcel of real estate conveyed herein. Subject to the Covenant and :i Restriction that there shall be no mobile homes located on the 2.00 acre parcel - of real estate. , At the time of the execution of the deed of trust, this property was reported 'to have a mailing address of 2197 Mauzy Road, Berkeley Springs, WV 25411. AND BEING the same real estate which was conveyed to Ryan T. Stead and Amanda L. Stead, by deed dated January 18, 2005, from Paul T. Shutt and Robin L. Shutt, and recorded in the Office of the Clerk of the County Commission of Morgan County, West. Virginia, in Deed Book 212 at page 239. " The above described property will be • sold subject to any covenants, restric- tions, 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 Trustee shall be nder no duty to cause any existing ten- ant or person occupying the subject property to vacate said property. 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, Trustee P. O. Box 440, 85 Aikens Center, Martinsburg, WV 25404 Phone (304) 263-4971, Fax (304) 267-5840, e-maih piUforsclosures@ earthlink.nat 3-24-3tm benefits of said estate. All beneficiaries of said estate may appear on or before said day to examine said claims and otherwise protect their interests. Given under my hand this 23rd day of March, 2010. • C. William Harmison Fiduciary Commissioner Morgan County, West Virginia 3-31-2tm NOTICE OF TRUSTEE SALE Pursuant to the authority vested in the undersigned by deed of trust dated the 8th day of September, 2006, signed by Sherry E. Myers, to Brian Seligmar and Randall R. Conrad, II, Trustees, which said deed of trust is of record in the Office of the Clerk of the County Commission of Morgan County, West Virginia, in Trust Deed Book 293, at page 731, and the undersigned, R. Vance Golden, III, Trustee having been requested so to do by the Lender, 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" Lender and present holder of the note, said Trustee will sell at public auction at 1:30 o'clock, p.m. on the 6TH DAY OF APRIL 2010 at the front doors of the courthouse in the aforesaid county of West Virginia, the following described real estate: All that certain lot or paicel of real estate, with the improvements thereon and the appurtenances thereunto belonging, situate in Allen District, Morgan County, West Virginia, being more particularly bounded and described as follows: Lot Number Sixteen (16) as desig- nated on the plat of New Hope Acres Subdivision, Section II, which plat is recorded in the Office of the Clerk of the County Commission of Morgan County, West Virginia, in Map Book 4, at page 30. TOGETHER WITH a non-exclusive right in the Grantees and their guests to use the Recreation Lot as designated on the plat of New Hope Acres Subdivision, Section III, recorded in Map Book No. 4 at Page 31, for recre- ational purposes. TOGETHER WITH a non-exclusive right of way for 30 feet wide over the rights of way as designated on the plats of New Hope Acres. SUBJECT TO a right of way in the other lot owners of New Hope Acres Subdivision insofar as the aforesaid rights of way designated on the plat cross the property herein conveyed. SUBJECT TO the conditions con- tained in Leers of Exemption from the West Virginia Department of Health which letter is recorded in the aforesaid Clerks' office in Deed Book 105 at page 744. SUBJECT TO the covenants for New Hope Acres Subdivision, Section II, which are recorded in the aforesaid Clerk's Office in Deed Book 106 at page 545. PUBLIC NOTICE The County Clerk's Office will be test- - "ing the Ivotronic Voting System per West Virginia Code 3-4A-13 and 3-4A- 26 for Early Voting for the Primary 'Election beginning on the 9th day of -April, 2010, in the Morgan County -Clerk's Office starting at 9:30 a.m. Debra A. Kesecker Clerk of the Morgan County Commission 3-31-1tm NOTICE Notice is hereby given that a public hearing will be held on Thursday, April 15, 2010 at 5:00 P.M. before the Morgan County Commissioners at the Morgan County Commission Meeting Room for the purpose of receiving comments con- : ceming a petition before the commie- : signers requesting the approval of_ the .formation of the Mahnes Church rane +-- Homewood Hollow Lane -'Maintenance Association to benefit + :owners of the property and lots on both ,i ,sides of the Mahnes Church Lane and • "Homewood Hollow Lane located off of -.,'West Virginia Secondary Road 1/1 - ('Culp Road") in Morgan County, West '. Virginia. A copy of sad petition may be , examined at the County Commission . Office during normal business hours. 3-31-1tm SUBJECT TO membership• in the New Hope Acres Property Owners Association, for which the Articles of Association are recorded in the afore- said Clerk's Office in Deed Book 105 at page 751. NOTICE OF TRUSTEE SALE • Pursuant to the authority vested in the undersigned by deed of trust dated the 10th day of January, 2007, signed by Stephen P. Kuykendail, to Dawn White, Trustee, wh ch said deed. of trust is of record in the Office of the Clerk of the County Commission of Morgan County, West Virginia, in Trust Deed Book 301, at page 490, and the under- signed, R. Vance Golden, III, Trustee having been requested so to do by the Lender and default having been made under the terms and conditions of sad deed of trust, and the provisions in said deed of trust concerning acceleration having been complied with by the Lender and present holder of the note, said Trustee will sell at public auction at 1:30 .o'clocl, p.m. on the 6TH DAY OF APRIL 2010 at the front doors of the Courthouse in Morgan County, West Virginia the fol- lowing described real estate: The following described real estate, together with all the rights of way, improvements, rights, prwileges, and appurtenances thereunto belonging, sit- uate in Allen District, Morgan County, West Virginia, more particularly described as follows: That certain parcel shown as Lot No. Four (4) containing 2.00 acres, as shown on the plat dated June 24, 199t, by P.C. Dimagno, Engineers and Surveyors, which plat appears of record in the Office of the Clerk of the County Commission of Morgan County, West Virginia, in Map Book 6, at page 102, to wh=ch reference is hereby made. Together with and subject to a forty (40) foot wide right of way for ingress and egress to said "Residue" parcel from West Virginia Route 9, Over Lot 4, all as shown on the aforesaid plat. Said property is conveyed subject to utility easements and rights of way of record and in existence. Subject to the following covenants and restrictions which shall run with the land; No trucks, busses, old cars, or unsightly vehicles of any type or descriptions may be left or abandoned on said parcel. No mobile homes, or other buildings of a temporary nature shall be erected or placed on any parcel, except those erected in connection with building con- struction operations; and in such cases, for a period not to exceed six (6) months. It is the intention of this notice to sell the secured property by proper descrip- tion as was intended to be transferred and conveyed in the aforesaid deed of trust. The above-described real estate is reported to have a mailing address of: 48 Kuykendall Lane, Berkeley Springs, West Virg n a 25411 TERMS OF • SALE: 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 the 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 may be required to pay the purchase price plus all recording and transfer fees. Any sale hereunder may be adjourned from time to time without any notice other than oral proclamation 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 desig- nated agent or attorney of the Trustee. The undersigned is fully vested with the authority to sell said property as Trustee by instrument of record. Should any party have any inquires, It is the intention of this notice to sell objections to the sale or protests the secured property by proper descrip- regarding the sale, or requests regard- tion as was intended to be transferred . ing the sale, please notify the trustee and conveyed in the aforesaid deed of below by one of the means of communi- trust, cations set forth below. The above described real estate is reported to have a mailing address of: 118 Harmony Way, Berkeley Springs, West Virginia 25411. TERMS OF SALE: Cash in hand on day of sale or within 30days 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 the 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 may be required to pay the purch.ase price plus all recording and transfer fees. Any sale hereunder may be adjourned from time to time without any notice other than oral proclamation 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 desig- nated agent or attorney of the Trustee. The undersigned is fully vested with the authority to sell said property as Trustee by instrument of record. Should any party have any inquires, objections to the sale or protests regarding the sale, or requests regard- ing the sale please notify the trustee below by one of the means of commun - cations set forth below. R. Vance Golden, III, Trustee 543 Filth Street, P.O. Box 81 Parkersburg, WV 26102 Telephone (304) 485-3851 Fax (304) 485-0261 E-maihvgolden @goldenamos.com Lender: Bank of America Processor: Amanda Green (MyersSherry.nts/mbakedfinished foreclosure2010) 3-24-2tm ! Letters To The Editor I over 400 words will not be published. I NOTICE OF SUBSTITUTE TRUSTEE'S SALE Notice is hereby given that default having occurred in the payment of a cer- tain indebtedness secured by a Deed of Trust dated October 25, 2005, between Wendell E. Eaton and.Tracy L. Eaton and Heather Haines, Trustee, recorded in the Office of the Clerk of the Commission, Morgan County, West Virginia in Deed of Trust Book No. 274 at Page 444, which Deed of Trust authorizes the beneficiary to remove, substitute, or add a Trustee, at its option, and the beneficiary having exer- cised its option and substituted Krystal Cook, Connie Keener, and Tressia Blevins as its Trustees, to act in the enforcement of said Deed of Trust in person, and the undersigned Substitute Trustees having been requested by the beneficial owner of said indebtedness to enforce said Deed of Trust, will sell at a public auction to the highest bidder, the following hereinafter described real estate on: FRIDAY, APRIL 23, 2010 AT 11:40 AM IN FRONT OF THE MORGAN COUNTY COURTHOUSE BERKELEY SPRINGS, WEST VIRGINIA The following described real estate, together with all the rights-of-ways, improvements, rights, prMleges, and appurtenances thereunto belonging, sit- uate in the town of Paw Paw District, Morgan County, West Virginia, and more particularly, described as follows: Lying on the North Side of Lee Street in said town of Paw Paw, containing 6344 sq. feet, and being the same real estate which was conveyed unto Wheeler E. Eaton (now deceased) by deed from John W. Kidwell (not married) dated June 29, 1946, and of record in Deed Book No. 52, page 478, to which reference is made for a more complete description. PROPERTY ADDRESS: 159 Lee Street Paw Paw, WV 26434 Property is sold subject to prior trusts, encumbrances, restrictions and easements of records, if any. The prop- arty is sold subject to an accurate sur- vey at pumhaser's expense. 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, whichev- er is longer. TERMS OF SALE: A deposit of $10,000.00 by certified check or cashier's check at sale made payable to Mancini & Associates, the balance in cash or by certified check at closing. Certified funds must be presented to Trustee for inspection at start of sale in orde( to be qualified to bid. Conveyance will be by Special Warranty Deed subject to all easements, covenants, rights-of-way, conditions and restrictions of record. The property is sold in "as s" condition. The benef'cial owner of the Deed of Trust does not make any representations or warranties as to the physical condition of the prop- erty. Any and all legal procedural requirements to obtain physical posses- sion of the premises after the closing are the responsibility of the purchaser. Risk of loss or damage will be pur- chasers from and after the foreclosure sale. All taxes and utility charges will be the responsibility of the purchaser. All settlement fees, costs of conveyance, examination of title, recording charges, and transfer taxes are at the expense of the purchaser. The purchaser will be . required to complete settlement within 30 days of the date of the sale, failing which the deposit made will be forfeit and the property resold at the risk and expense of the purchaser. Trustee makes no representations regarding state of title. If Trustee cannot convey insurable or marketable title, purchas- eCs sole remedy is a return of deposit. The Trustee reserves the right to contin- ue sale of the subject property from time to time by oral proclamation, which con- tinuation shall be in the sole discretion of the Trustee. Connie Keener, Substitute Trustee Mancini & Associates 201A Fairview Drive Monaca, PA 15061 Phone 724-728-1020 Fax 724-728-4239 3-31-2tm MORGAN COUNTY PLANNING COMMISSION PUBLIC NOTICE The Morgan County Planning Commission will consider the following preliminary plat extension and waiver request. -1. Parkside Estates, Section III, developed by G. Larry Omps, is located in Rock Gap District, East side of Route 522, 1800 feet north of intersection of Cold Run Valley Road. Preliminary plat approved March, 2009 for 10 lots totaling 31.39 acres; Avg. lot size of 3.10 acres. Requesting a one year extension of the preliminary plat approval for project. The Morgan County Planning Commission will consider the request and determine if the project meets the requirements of the Morgan County Subdivision Regulations as adopted September 8, 1983, and amended. The public is invited to participate in the review to be held Tuesday, April 27, 2010 beginning at 7:00 p.m. in the County Commission Meeting Room, Morgan County Courthouse Complex, Berkeley Springs, WV. 3-31-1tm R. VANCE GOLDEN, III, Trustee 543 Fifth Street, P.O. BOx 81 Parkersburg, WV 26102 Telephone (304) 485 3851 Fax (304) 485-0261 E-maih vgolden@goldenamos.com Lender:Nationstar Processor: Kristi Payton (KuykendallStephen.nts/mbaker /finishedforeclosure2010) 3-24-2tm NOTICE I will not be respon- sible for any debts other than those made by myself. Donna Seville Cubbage / MORGAN COUNTY ASSESSOR'S ESTATE REVIEW In order to maintain a fair market value, the state requires us to review each of the eight districts in Morgan County on a three year rotation. This year the Morgan County Assessor's office will be reviewing the following districts CACAPON, TOWN OF PAW PAW & TOWN OF BATH. We will also be reviewing new construction in all other districts. We will be starting our review in April. 3-24-2tm NOTICE OF TRUSTEE SALE Pursuant to the authority vested in the undersigned by deed of trust dated the 12th day of January 2007 signed by Tony W. Smith, a single man, to Douglas McEIwee, Trustee, which said deed of trust s of record n the Office of the Clerk of the County Commission of Morgan County West Virginia, in Trust Deed Book 302, at page 315, and the undersigned, R. Vance Golden, III, Trustee having been requested so to do by the Lender 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 Lender and present holder of the note, said Trustee will sell at public auction at 1:30 o'clock, p.m. on the 6TH DAY OF APRIL 2010 at the front doors of the courthouse in the aforesaid county of West Virginia, the following described real estate: All that certain lot or parcel of real estate lying and being in Allen District of Morgan County, West Virginia, more particularly bounded and described as fo owe: Beginning at a 3/4 inch diameter iron pipe north of county road 4 said pipe being N 76 degrees 59' 05" W 1371.51 feet from a RR Spike near the middle of a dirt road (County Rt #1-1) and 10.00 feet SW of a 5/8 inch rebar and 26.94 feet NE of anoth- er reber with a plastic cap marked Biggert. Said spike being the end of the N 25 1/4 deg. E 180 9/10 poles line off the second tract in the deedo! Emery F. Thompson, recorded in DB 33 Pg 187, thence S 24 degrees 40' 20" E 980 feet to a 5/8 inch diam- eter iron pin, thence N 65 deg 19' 40" W 620.8 feet to a 1 1/4 inch iron pipe set in the neg yen as "in southerly d rection 528 feet" in the deed to Wm. A Kerns, record- ed in DB 49 Pg 488, thence with a portion of said line N 6 deg 04' 35" E crossing a run at 242 feet, 304.95 feet in all to a 12 inch B azed Chestnut Oak fence corner, said Oak being in the north boundary of the first tract, thence with the remainder of said northern boundary S 83 deg 22' 50" E crossin 9 the Run 261.42 feet to a 2 inch I- Beam set at the end of the 5th or S 81 l/2deg E 139 pole line of the first tract in the aforesaid deed to Emery Thompson. Said I-Beam alo being in the western bound- ary of the second tract, thence with said western boundary N 31 deg 10' 45' E cross- ing the run again 764.16 feet to a 2 inch I-Beam set on the east side of a Ridge, com- mon to Barbara Widmyer, thence with the lands of Widmyer S 35 deg. 37' 15" E crossing the run at 190 feet, 645.94 feet in all to a 2 inch I-Beam set, thence S 76 deg 69' 05"E 660 feet to a 1 1/4 inch iron pipe set west of a curve in the road and with the course continued 817.71 feet in all to the place of beginning containing, 32.327 acres, more or less, As surveyed in May and June, 1978 by Urner L Golden, Surveyor, West Virginia License No. 576, a plat which is recorded in the Office of the Clerk of the County Commission of Morgan County, West Virginia, in Map Book No. 3 at page 143 to which reference is hereby made. Saving and Excepting from the above described real estate that certain con- veyance of 16.005 acres as recorded in the aforesaid Clerk's office in Deed Book 177 at page 123. Therefore the balance Of real estate is approximately 16.33 acres, more or tess, as set forth in the land record of Morgan County, West Virginia, in Allen District, on tax Map 6 parcel 20.2. Being the same property described on House Location Survey by Berke ey Land Surveys. Charles P. Dawson, Licensed Land SJrveyor dated January 4, 2007 Plat No. 2007005. Together w th a non exclusive forty foot (40) right of way for the purpose of ingress and egress to the property hereby conveyed as set out with more particularly in a Deed of Right of Way, dated October 12, 2000, recorded in said County Clerks' Office in Deed Book No. 195 at page 74. It is the intention of this notice to sell the secured property by proper description as was intended to be transferred and conveyed in the aforesaid deed of trust. The above described real estate is reported to have a mailing address of: 264 Ruby Lane, Berkeley Springs, West Virginia 25411 TERMS OF SALE: 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 tit e or f tness to this property; it is being purchased as is; this s 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 objsctionab e, the Trustee reserves the right to cancel the sale. No purchaser should take possession or make improvements in the premises until the Trustee deed is delivered or record- ed. A third party purchaser at sale may be required to pay the purchase price plus all recording and transfer fees. Any sale hereunder may be adjourned from time to time without any notice other than oral proclamation 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. Should any patty have any inquires, objections to the sale or protests regarding the sale, or requests regarding the sale, please notify the trustee below by one of the • means of communications set forth below. R. VANCE GOLDEN, Ill, Trustee 543 Fifth Street, P.O. Box 81 Parkersburg, WV 26102 Telephone (304) 485-3851 Fax (304) 485-0261 E-maih vgolden @goldenamos.com Lender:Bank of America Processor: Amanda Green (SmithTony.nts/mbakerffinishedforeclosu re2010) 3-24-2tm NOTICE OF TRUSTEE SALE Pursuant to the authority vested in theundersigned by deed of trust dated the 14th day of December 2007, signed by Dennis K. Cain and Debra L. Cain, to Douglas McEIwee, Trustee, which said deed of trust is of record in the Offce of the Clerk of the County Commission of Morgan County, West Virginia, in Trust Deed Book 321, at page 524 and the undersigned, R. Vance Golden Ill, Trustee having been requested so to do by the Lender, and default hav ng been made under the terms and condi- tions of said deed of trust, and the provisions in said deed of trust concerning accel- eration having been complied with by the Lender and present holder of the note, said Trustee will sell at public auction at 1:30 o'clock, p.m. on the 6th day of April, 2010 at the front door of the courthouse in the aforesaid county of West Virginia, the fol- lowing described real estate: The land referred to herein below is stated in the county of Morgan, State of West Virginia and is described as follows: Beginning at a found 1 inch solid iron rod at the southern base of a 19 inch white oak, common corner to the three tract of which this is a part (DB 106 Pg. 444, 'DB 162 Pg. 638, and DB 153 Pg. 114) and corner to Virgil D. Cain (DB62 Pg. 88), thence with the tract deeded in Deed Book 106 at page 444 and with said Virgil D. Cain N. 25 degrees 35' 59" E. 290.79 feet to a found 5/8 inch rebar, thence with a 2.00 acre tract surveyed this same date (Plat No. 95188) S. 47 degrees 05' 08" E. 334.43 feet to a set 5/8 inch rebar on the eastern margin of a 20 foot wide right-of-way and in the line of Pennsylvania Glass Sand Corp (now U.S. Silica) (DB 61 Pg. 230), thence with same S. 25 degrees 38' 45" E. 138.63 feet to a found 1 inch solid iron rod, corner to the tract deeded in Deed Book 162 at page 838 thence with same N. 73 degrees 45' 48" W. 293.47 feet to a set 5/8 inch rebar, thence through the tract deeded n Deed Book 162 at page 838, S. 29 degrees 22' 58" W. 180.35 feet to a found 5/8 inch rebar, corner to the tract deeded in Deed Book 153 at page 114, thence with same, S. 83 degrees 04' 30" W. 66.12 feet to a set 5/8 inch rebar, thence through the tract deed- ed in Deed Book 153 at page 114, N. 02 degrees 40' 56" W. 166.12 feet to a set 5/8 inch rebar in the line of the aforesaid Virgil D. Cain, thence with same N. 86 degrees 44' 41" B., 133.31 feet to the beginning, containing 2.00 acres, more or less, as sur- veyed by Charles P. Dawson, WV L.L.S. No. 808, on September 10, 1952 and as shown on Berkeley Land Survey Plat No. 95189, filed of record in the Office of the Clerk of the County Commission of Morgan County, West Virginia, in Deed BoOk No. 173, at page 664. + Together with and subject to the abovementioned 20 foot wide right-of-way, along the eastern line of the above described parcel, the location of which as shown on said Plat No. 95189. Being a part of the three difference tracts as follows: (1) 1.57 acres from the real estate conveyed unto Dennis K. Cain by Virgil D. Cain and Frances J. Cain, by deed dated June 18, 1975 of record in the Office of the Clerk of the County Commies on of Morgan County, West Virginia, in Deed Book No. 106 at page 444; (2) 0.06 acres from real estate conveyed unto Dennis K. Cain and Debra L. Jones, by Dennis K. Cain, by deed dated May 22, 1992, of record in the aforesaid Clerk's Office .in Deed Book No. 162 at page 838; and (3) 0.37 acres from the real estate conveyed unto Dennis K. Cain andDebra L. Cain, by Dennis K. Cain and Donald C. Cain by deed dated May 6, 1995, of record in the aforesaid Clerk's Office in Deed Book 172 at page 181. It is the intention of this notice to sell the secured property by proper description as was intended to be transferred and conveyed in the aforesaid deed of trust. The above described real estate is reported to have a mailing address of: 101 Carriage Court Berkeley Springs, West Virginia 25411-6733 TERMS OF SALE: 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 th s property; t s 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 the sale. No purchaser should takepossession or make improvement n the premises until the Trustee deed is deliveredor record- ed. A third party purchaser at sale may be required to pay the purchase price plus all recording and transfer fees. Any sale hereunder may be adjourned from time to time without any notice other than oral proclaimation 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. / Should any party have any requires, objections to the sale or protests regarding the sale, or requests regarding the sale, please notify the trustee below by one of the means of communications set forth below. R. Vance Golden, III, Trustee 543 Fifth Street, P.O. Box 81 Parkersburg, WV 26102 Telephone (304) 485-3851 Fax (304) 485-0261 E-maih vgolden@goldenamos.com Lender:Bank of America Processor: Maggie Brown Cain.ntc/tm