b Mergan :Nltatngtr Wednesday, July 7, 2010 15 PUBLIC NOTICES "BECAUSE THE PEOPLE MUST KNOW" r Law Offices of Ti'ump & Trump 171 South Washington Street Berkeley Springs, West Virginia 25411 SUBSTITUTE TRUSTEE'S SALE OF VALUABLE PARCELS OF PROPERTY IMPROVED AS INDICATED BELOW GENERALLY KNOWN AS ' HUNTINGTON FARMS located in Morgan County, West Virginia Under and by virtue of the power of sale contained in that certain Deed of Trust and Security Agreement dated as of January 10, 2006 from Quail Farm, LLC to Richard A Pill and/or David D. Pill, Trustees for the benefit of Stephen B. Quails and June R. Quails recorded with the Clerk of the County Commission of Morgan County, West Virginia in Trust Deed Book 278 at Page 286 (the "Deed of Trust"), the holder of the indebtedness secured by said Deed of Trust (the "Noteholder"), having subse- uently appointed George I. McVey as Substitute Trustee in the place of Richard A. ill and/or David D. Pill by instrument duly executed acknowledged and recorded wth the C erk of the County Commission of Morgan County, West Virginia in Trust Deed Book 335 .at Page 57, and default having occurred under the terms of said Deed of Trust and at the request of the Noteholder, the undersigned Substitute Trustee (the "Trustee') will offer for sale at public auction on: Thursday, July 15, 2010 1:30 p.m. ALL OF THAT property and any improvements thereon being situate in Timber Ridge District, Morgan County, West Virginia (the "Property"), and being described as;, BEGINNING at a planted stone in the line of the original and in a line of James 8oily, thence N. 17 E., 172 poles to a pine tree, Bohrer's corner, thence S. 77 E., 56 boles to a white oak in a stone pile, thence S. 6 E., 177 poles to a stone in the line of the original survey, thence N. 72-1/2 W., 135 poles to the beginning. LESS, EXCEPTING AND RESERVING That certain 9.86-acre pamel conveyed unto Warren T. Cowles, et al., by deed dated June 14, 1994, of record in the office of the Clerk of the County Commission of Morgan County, West Virginia, in Deed Book No. 169, at Page 349. ', BEING the same real estate conveyed unto Quail Farm, LLC, a West Virginia lira- [ted liability company, by deed dated the 10th day of January, 2006 from Stephen B. Quaffs and June R. Quails, his wife, of record in the Office of the Clerk of the County Commission of Morgan County, West Virginia, in Deed Book 218, at page 346. FURTHER LESS, EXCEPTING AND RESERVING the following two outcon- veyances: 1. That certain lot known and designated as Lot 3, Section 1 Huntington Farms as shown on p at of record in the Office of the County Commission of Morgan County, West Virginia recorded December 6 2007 in Map Book 8 at Paqe 140 ' 2. That certain lot known and designatecl as Lot 2, Seciion 1, THuntin]ton Farms, as shown on plat of record in the Office of the County Commission of Morgan County West Virginia, recorded December 6, 2007, in Map Book 8, at Page 140. , , The sale will be held at the front door of the Morgan County Magistrate Court Building situate at the intersection of Faiffax Street and Mercer Street Berkeley Spr ngs, West Virginia and will occur on July 15, 2010 at 1:30 p.m. , TERMS OF SALE: The Property will be offered for sale as an entirety. A deposit in the amount of Seventy Thousand Dollars ($70,000.00), payable in cash, certified check or some other form acceptable to the Trustee will be required from the pur- chaser(s) at the time and place of sale. The balance of the purchase price shall be due in cash or by certified check on the date of settlement. In the event the Noteholders are the successful bidders at the sale, such party will not be required to make a deposit. Taxes and all other governmental charges and liens owed against the Property shall be the responsibility of the purchaser(s) and shall be paid bythe purchaser(s) at settlement. The cost of all documentary stamps recordation taxes document preparat on and transfer taxes is to be paid by the purchaser(s). The Trustee reserves the right to reject any and all bids to extend the time for settlement if applicable, and to withdraw the Property or any part thereof from the sale. The Property will be sold in an "AS IS" condition and without any warranties or rep- resentations, either expree or implied, as to the nature, condition or description of the improvements. Further, the Property will be sold without any warranty whatsoev- er regarding title. In additioh, the Property will also be sold subject to all existing hous- ingand/or building code violations, subject to all critical area and wetland violations subject to all environmental problems and violations which may exist on or with respect to the Property, and subject to all matters and restrictions of record affecting the same, if any. The purchaser(s) at the foreclosure sale shall assume the risk of loss for the above-referenced Property immediately after the sale takes place. It shall be the purchaser(s) responsibility to obtain possession of the Property following execu- tion and delivery of the deed from the Trustee conveying the Property to the pur- chaser(s). The Property will be sold subject to all easements (including, but not limited to, those referenced above), conditions, liens, restrictions rights of redemption, covenants, encumbrances, such state of facts that an accurate survey or physical inspection of the Property might disclose, and agreements of record affecting the same, if any. The purchaser(s) shall pay all state and local transfer taxes recordation taxes and fees, t t e examination costs, attorneys' fees, conveyance fees and all other inciden- tal 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. If the Trustee extends the date of settlement at the request of the purchaser(s), the purchaser(s) shall pay interest on the unpaid balance of the purchase price at the rate often per- cent (10%) per annum from the thirty-first (31st) day after the date of sale to and including the date of settlement. In the event the Noteholders are the successful bid- ders at the sale, such party will not be required to pay interest on the unpaid balance of the purchase price. Settlement shall be held at the offices of Trump & Trump, 171 South Washington Street, Berkeley Springs, West Virginia 25411. In the event the purchaser(s) fails to go to settlement as required, in addition to any other legal or equitable remedies available to him, the Trustee may, without further order of the court, declare the aforementioned deposit forfeited and resell the Property at the purchaser(s)' risk and expense• In such event, the defaulting put- chaser(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 incidental damages. In the event a resale Of the Property results in a sale in excess of the amount originally bid by the defaulting purchaser, the defaulting put- chaser waives any and all claims, rights and interest to any such excess amount and shall not be entitled to any distribution whatsoever from the resale proceeds• The par- ties' respective rights and obligations regarding the terms of sale and the conduct of the sale shall be governed by and interpreted according to the laws of the State of West Virginia. If the Trustee is unable to convey the Property as described above, the purchas- er(s)' sole remedy at law or in equity shall be limited to the refund of the aforemen- tioned deposit, without interest thereon. Upon refund of the deposit to the purchas- er(s), the sale shall Ie 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 sources deemed to be reli- able, but is offered for informational purposes only. The Noteholder and the Trustee do not make any representations or warranties with respect to the accuracy of this information. George I. McVey Substitute Trustee 6-30-3tin BOOKMARK THE MORGAN MESSENGER WEB SITE: www.morganmessenger.com 304.793.4243 or 304.546.3220 Shonna L. Ruble, Broker, Bill Hoover, Auctioneer VVV#1752 • Paul Grist, Auctioneer WV # 1783 billhoover@unitedcountry.com • www.green brier valleyrealtycom TRUSTEE'S SALE OF vALUABLE REAL ESTATE FRIDAY, JULY 23, 2010, AT 10:00 A.M. The herein described real estate of John M. Richards, who is one and the same person as John M. Richards, St., and Samantha A. Richards, his wife, shall be sold at public auction at the front door of the Magistrate Court Building located on Fawfax Street in Berkeley Springs, Morgan County, West Virginia, on Friday, July 23, 2010, at 10:00 a.m. Pursuant to the authority vested in the undersigned, by the provisions of that certain Deed of Trust executed by John M. Riohards, St., and Samantha A. Riohards, his wife, unto H. Charles Carl, III, and/or William C. Keaton, Trustees, to secure unto Capon Valley Bank, a banking corporation, the beneficial owner of that certain Deed of Trust, dated the 8th day of January, 2008, and of record in the Office of the Clerk of the County Commission of Morgan County, West Virginia, in Deed of Trust Book No.322, at page 497, and also that cer- tain Modification of Deed of Trust, dated the 8th day of January, 2009, and of record in the aforesaid Clerk's Office in Deed of Trust Book No. 336 at Page 716, default having occurred relative to the covenants and conditions as set forth in said Deeds of Trust, and the undersigned Trustees, having been instructed in writing by the beneficial owner so to do, will offer the hereinafter described real estate for sale at public auction to the highest responsible bid- der at the front door of the Magistrate Court Building located on Fairfax Street, in Berkeley Springs, Morgan County, West Virginia, on Friday, July 23 2010 at 10:00 a.m., which said property is more particulary described as follows: All that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate in Timber Ridge District, Morgan County, West Virginia, designated as Lot 15, Section 1, Oak Forest Subdivision, containing 2.310 acres, more or less, as shown on plat of record in the Office of the Clerk of the County Commission of Morgan County, West Virginia, in Map Book 5, Page 109. Said Plat of Survey is by reference made a part hereof for all pertinent and proper reasons, includ- ing a more particular metes and bounds description of said real estate. Said real estate is depicted on the 2009 Morgan County Land Books as Tax Map 12 Parcel 88. And being the same real estate which was conveyed unto John M.* Richards, who is one and the same per- son as John M. Richards, Sr., and Samantha A. Richards, his wife, by deed of Eva M. Carpenter, dated July 31, 2006, and which said deed is of record in the Office of the Clerk of the County Commission of Morgan County, West Virginia, in Deed Book No. 221, at page 491. The property will be conveyed in an "AS IS" condition by Deed containing no warranty, express or implied, subject to the Internal Revenue Service right of redemption, all property taxes, pnor Deeds, liens, reservations, encum- brances, restrictions, rights-of-ways, easements, covenants, conveyances and conditions of record in the aforesaid Clerk's Office or affecting the subject property. The Beneficiary and/or the Servicer of the Deed of Trust and Note reserves the right to submit a bid for the property at sale. The Trustee reserves the right to continue sale of the subject property from time to time by written or oral proclamination, which continuance shall be in the sole discretion of the Trustee. 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 belongings, remaining at the property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY. Terms of the sale are 10 percent cash down to be paid on day of sale, and the balance to be paid by certified or cashiers check within 30 days of the date of the sale. Further, the successful bidder shall be responsible for all costs associated with the transfer of said real estate. For further information and/or view- ing, contact H. Charles Carl, III, or W="lliam C. Keaton, Attorneys at Law, 56 East Main Street, Romney, West Virginia, (304) 822-4187. All announcements made on the day of sale take precedence over any print- ed material. H. Charles Carl, Ill, Trustee 56 East Main Street Romney, West Virginia 26757 (304) 822-4187 WVSB #4844 William C. Keaton, Trustee 56 East Main Street Romney, West Virginia 26757 (304) 822-4187 WVSB #7182 7-7-3tm TRUSTEES" SALE OF VALUABLE REAL ESTATE The undersigned Trustees, by virtue of the authority vested in them by that certain deed of trust dated April 27, 2006, and duly recorded in the Office of the Clerk of the County Commission of Morgan County, West Virginia, in Deed of Trust Book 285, at page 510, Merlin Pippin, Roger Pippin and Sharon Pippin did convey unto Jonathan Nicol, 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 under the aforemen- tioned deed of trust and the under- signed Trustees, having been instructed by the secured party to foreclose there- under, will offer for sale at public auction at the front door of the Morgan County Courthouse, 77 Fairfax Street, Berkeley Springs, West Virginia 25411 on: July 22, 2010 At 4:15 PM Situate; lying and being in Sleepy Creek District, Morgan County, West Virginia, and more particularly. described as follows: Lots 7, 8, and 9, Section I of the Sleepy Hollow Subdivision, as set forth upon that cer- tain subdivision survey plat prepared by John D. Emler, P.E.; dated May '31, 1968, recorded in the Office of the Clerk of the County Commission of Morgan County, West Virginia, in Map Book 2, at Page 29, together with the rights to tra- verse the streets and roads of the sub- division in common with other lot own- ers. 1613 Audubon Road, Hedgesvllle, WV 25427 The aforesaid property is SUBJECT TO any and all easements, rights-of- way, conditions, covenants and restric- tions of record or in existence. The sale of the foregoing real proper- ty will be made subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leas- es 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 proper- ty will also be made expressly subject to any and all other deeds of trust, judg- ments, liens, and all other encum- brances 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 notige, by announcement at the time and place of sale described above or any adjourn- ment 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 ten- ant 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 rescribed by W. Va. Code §38-1-6. The rustees make no representations and warranties about the title of the real estate to be conveyed. If the Trustees are unable to convey insurable or mar- ketable title to purchaser for any reason, purchaser's sole remedy is return of deposit. TERMS OF SALE: $11,000.00 cash in hand at the time of sale in the form of a certified check or cashier's check made payable to "Teays Valley Trustees, LLC," and the balance in cash closingwithin 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. Member Teays Valley Trustees, LLC 600 A-1 Prestige Park Hurricane, West Virginia 25526 (304) 757-7956 http:/fforeclosure.closingsource.net 7-7-2tm EI To the Creditors and Beneficiaries of the Estate of Rosalie Merchant Graham All persons having claims against the estate of the said Rosalie Merchant Graham, deceased, whether due, or not, are notified to exhibit same, with the voucher thereof, legally verified, to the undersigned, at the Law Office of Harmison and Associates, 11 N. Washington Street, Berkeley Springs, West Virginia, on or before the 30th day of September, 2010; otherwise they may be excluded from all benefits of said estate. All beneficiaries of said estate may appear on or before said day to examine said claims and other- wise protect their interests• Given under my hand this 2nd day of July, 2010. C. William Harmison Fiduciary Commissioner Morgan Countyl West Virginia 7-7-2tm PUBLIC AUCTION ZIMMERMAN'S AUCTION GALLERY 2 Canal Street °,Hancock, MD SELLING FOR MRS. HESTER A. SMITH Friday, July 9 • 4:00 p.m. Poulan 18 hp and J.D. 212 riding mowers; Yamaha 4 wheeler; queen bed; dining table w/chairs; TVs; chest of drawers; apartment size gas range; hutch; Sigler oil stove; cabinets; coffee tables; end stands; stands; barrel planters; chairs; 2 pc. living room suite; love seat; hull tree; glassware; crocks; tool boxes; tools: Lawn, hand and power and lots more. AUCTIONEER: Ronnie R. Zimmerman Info: 301-678-6821 or 301-331-6821 Visit wwwauctionzip.com 10% Buyers Premium Not Responsible for Accidents Eats • Seats • A/C 7-7-1tbp IN THE COUNTY COMMISSION, IN AND FOR MORGAN COUNTY, WEST VIRGINIA PROBATE DIVISION NOTICE OF ADMINISTRATION Notice is hereby given that in the estate of the decedents set forth below, the Morgan County Commission has anted Letters Testamentary or of ministration to the person(s) named. Any claims against the estate must be filed in accordance with the provisions of Chapter 44, Article 2 of the West Virginia code as amended. Any interest- ed person objecting to the validity of the will must make a complaint in accor- dance with the provisions of section eleven, twelve or thirteen, article five, chapter forty-one of the West Virginia code as amended. Any interested per- son objecting to the qualifications of the personal representative or of the venue or jurisdiction of the court,-shall file such objections with Debra A. Kesecker, Morgan County Clerk, at 77 Fairfax Street, Suite 1A, Berkeley Springs, WV 25411 within ninety (90) days after the date of the first publication or within thir- 'e(30) days of service of the Notice of rsonal Representative, whichever is later. In addition, settlement of the estates of these decedents will proceed without reference to a fiduciary commissioner unless within ninety (90) days from the first publication of this notice a refer- ence is requested by a party in interest or an unpaid creditor files a claim and good cause is shown to support refer- ence to a fiduciary commissioner. ALL CLAIMS, DEMANDS AND. OBJECTIONS NOT SO FILED WILL BE FOREVER BARRED. The date of the first publication of this notice is July7, 2010. ESTATE: PAUL HENRY TWlGG PERSONAL REPRESENTATIVE: LORRAINE L. TWIGG 161 S. GREEN STREET BERKELEY SPRINGS, WV 25411 ESTATE: WINIFRED WHITNEY PARTON PERSONAL REPRESENTATIVE: GEORGE P. PARTON III 21 ROBINWOOD ROAD ACTON, MA 01720-4427 ESTATE: GEORGE POVEY PARTON, JR PERSONAL REPRESENTATIVE: GEORGE P. PARTON III 21 ROBINWOOD ROAD ACTON, MA 01720-4427 ESTATE: OSKER CRAIG REYNOLDS PERSONAL REPRESENTATIVE: DAVID P. REYNOLDS 11779 ROWE COURT MONROVIA, MD 21770 ESTATE: PATRIClA MARIAN REYNOLDS PERSONAL REPRESENTATIVE: DAVID P. REYNOLDS 11779 ROWE COURT MONROVIA, MD 21770 ESTATE: BARBARA LEE ClRIGMANO PERSONAL REPRESENTATIVE: ANGELA MARIE POTTS 22061 ST. GABRIELS CIRCLE GREAT MILLS, MD 20634 ESTATE: KENNETH LEROY SMITH PERSONAL REPRESENTATIVE: KENNETH L SMITH, JR. • 14823 BOTTOM ROAD WlLLIAMSPORT, MD 21795 Debra A. Keseeker, Clerk Morgan County Commission 6-30-2tm LEARN TO READ LEARN TO READ BETTER Free Help Call 264-0298 sponsored by Literacy Volunteers of the Eastern Panhandle IN THE CIRCUIT COURT OF MORGAN COUNTY, WEST VIRGINIA Case No. 10-C-41 LORI KATZENBERGER Complainant, V. WEEKS PETROLEUM CORPORATION Defendant ORDER OF PUBLICATION To the Above Named Defendant: It appearing by affidavit filed in this action that Weeks Petroleum • Corporation is a foreign corporation, it is hereby ordered that Weeks Petroleum Corporation serve upon Jo Anne S. Bitner, Complainant's attorney, whose address is 9302 Lee Highway, Suite 1100, Fairfax, Virginia 22031, an Answer, including any related counter- claim or defense you may have to the Complaint filed in this action on or before August 10, 2010. If you fail to do • so, thereafter judgment, upon proper hearing and trial, may be taken against you for the relief demanded in the Complaint. A copy of said Complaint can be obtained from the undersigned clerk at his office. Entered by the Clerk of said Court June 23, 2010. Kimbedy J. Jackson Clerk of Court By: Helen H. Morris Deputy 6-30-2tm REQUEST FOR BIDS Tle Morgan County Commission is accepting bids for the design and instal- lation of a sprinkler system that meets the specifications and approval of the West Virginia Fire Marshal's Office for the Magistrate Court Building located at 111 Faiffax Street, Berkeley Springs, WV. The building is one story, approxi- mately 4,600 square feet in size that joins the existing Morgan County Courthouse. Additional information can be obtained at the Morgan County Commission Office, 77 Fairfax Street, Room 101, Berkeley Springs, WV or call Alma E. Gorse at 304-258-8540• Bids must be submitted to the Morgan County Commission Office by July 22, 2010 by 10:00 a.m. The Commission reserves the right to reject any and all proposals. The Morgan County Commission is an Equal Opportunity Employer. 7-7-2tm F_IEU_£1AB.Y NOTICE To the Creditors and Beneficiaries of the Estate of Cathleen E Bergen All persons having claims against the estate of the said Cathleen E Bergen, 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 and Associates, 11 N. Washington Street, Berkeley Springs, West Virginia, on or before the 30th day of September, 2010; otherwise they may be excluded from all benefits of said estate• All ben- eficiaries of said estate may appear on or before said day to examine said claims and otherwise protect their inter- ests. Given under my hand this 2nd day of July, 2010. C. William Harmison I=iduciary Commissioner Morgan County, West Virginia 7-7-2tm NOTE OF THANKS The members of the Great Cacapon Vol. Fire Co. #2 would like to thank everyone who helped make our annual festival a success. Special thanks goes out to the Morgan County Deputy Reserves, parade announcer Virgil Ill Ruppenthal and raffle ticket sponsor Doris' Deli. Ill Thanks Again, Ill Barb Gloyd, President Roger Steiner, Chief NOTE OF THANKS We want to express our sincere appreciation for all the kindnesses, generosity and prayers we have received during the past year of Gale's accident on July l l, 2009. We especially would like to thank all medical personnel, Tim & Betsy Smailes, Ross Clatterbuck, John Clatterbuck, Joe Yost, Dr. Rick Graves and medical staff, various churches in the community, our neighbors; Tom & Linda Yost, Bill & Jeanie Carson and Carol Chaney, Chuck Platt, Janet Platt, Donnie Marshall and Jamie Riley. Gale is continually making progress. Gale,Kim & Abigail Hovermale,Jr. NOTE OF THANKS The Waugh Families Thank Everyone for Remembering, Ronnie and Steve 1959-2005 1962-2008 On June 19 more than 80 friends and relatives took part in the Fifth Annual Memorial Float Trip. A large sign hung over Fisher's Bridge which read "Thank you for remembering us," Ronnie and Steve. A memorial Poker Run was held July 3 in memory of Steve. He had bought a Harley one year before his death. Thirty-five motorcyclists including his son, Cory and their companions participated in the run. We miss Ronnie and Steve and their dad so much but we are proud and happy to know they have so many friends who remember. To everyone for making these events possible and ordering t-shirts for Ronnie and Steve "we thank you" and we will always remember. . Their Families