• NOTICE OF SUCCESSOR TRUSTEE'S ...

NOTICE OF SUCCESSOR TRUSTEE'S SALE NOTICE IS HEREBY GIVEN THAT: By virtue of that certain Credit Line Deed of Trust dated June 3, 2016, made, executed and granted by ANGELA LEE RADCLIFFE and MARK TIMOTHY RADCLIFFE to R KEITH DIEM and WILLIAM D. GOODWIN, as Trustees for the benefit of FARM CREDIT OF THE VIRGINIAS, ACA, as agent/nominee, and recorded in the office of the Clerk of the County Commission of Fayette County, West Virginia, in Trust Deed Book 967, at page 632, default in the performance of the obligations thereby secured having occurred, and pursuant to the terms thereof and to the written request of the holder of the indebtedness thereby secured, and further pursuant to the authority granted to the undersigned by that certain Appointment of Successor Trustees dated January 3, 2018, and recorded in the aforesaid Clerk's office in Trust Deed Book 993, at page 418, the undersigned Successor Trustee will sell the real estate described on the attached EXHIBIT A at public auction to the highest bidder on Saturday, March 3, 2018, at 11:00 a.m. at 1 Houston Lane, Danese, Fayette County, West Virginia, 25831. The sale shall be made subject to any and all easements, rights-of-way, exceptions, reservations, restrictions, covenants, conditions, leases, liens or encumbrances affecting title to the property and further to any state of facts that would be disclosed by or apparent upon an inspection or an accurate survey of the property described herein; provided, however, that any such restriction, covenant or condition indicating a preference, limitation or discrimination based on race, color, religion, sex, marital status, ancestry, disability, handicap, familial status or national origin is hereby deleted to the extent such restriction, covenant or condition violates 42 U.S.C. f 3604(c). The sale shall further be made subject to accrued and unpaid ad valorem real property taxes upon the property, for which the purchaser will be responsible. The Successor Trustee makes no representations or warranties as to the validity or priority of such liens, taxes, encumbrances and other matters, if any. TERMS OF SALE: 1. Cash in hand on the day of sale. 2. The property will be sold in two (2) tracts: 1st Tract consisting of 458.84 acres, more or less; 2 and 2nd Tract consisting of 96.5 acres, more or less. The successful bidder(s) shall tender $30,000 PER TRACT in certified funds on the day of sale. The remaining balance of the total purchase price must be paid to the Successor Trustee by certified or cashiers' check or electronic fund transfer no later than thirty (30) days after the date of sale. 3. Upon conclusion of the sale, a Memorandum of Sale will be executed reflecting the sale of the property and the purchase price. Time is of the essence. If the purchaser fails to deliver the purchase price within the prescribed time, at the Successor Trustee's sole discretion, the Successor Trustee will either (a) file suit to enforce specific performance, (b) convey the property to the next highest bidder if such bidder will honor his, her or its bid, or (c) proceed to resell the property pursuant to the aforesaid Credit Line Deed of Trust. 4. The beneficiary of the aforesaid Credit Line Deed of Trust and the holder of the note(s) thereby secured reserves the right to submit a bid for the property at the sale, which bid may be in the form of a credit bid. 5. The property may be sold either as a whole or in parcels in the Successor Trustee's sole discretion. 6. The Successor Trustee reserves the right to accept or reject any bids. 7. The property will be sold subject to any and all assessments and taxes against said property; all prior liens and encumbrances of any nature whatsoever; and the Internal Revenue Service's right of redemption, if any. 8. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code c 11-22-2. 9. The subject real property will be sold in "AS IS" condition. The Successor Trustee makes no representations or warranties of any kind or character including, but not limited to, the condition of the real estate or the title to the real estate to be conveyed. 10. The Successor Trustee will deliver a trustee's deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by West Virginia Code c 38-1-6 upon receipt of the purchase price in good and available funds. If the Successor Trustee fails, refuses or for any reason is unable to convey title to the property or suit is filed challenging the sale, the Successor Trustee reserves the right to set aside the sale and void the Memorandum of Sale. In such event, the purchaser's sole remedy at law and in equity is limited to the return of the amount actually paid by the purchaser and the sale shall be null and void and of no further effect. 11. The Successor Trustee shall be under no duty to cause any existing tenant or person occupying the subject real property to vacate said property. Prospective purchasers are hereby advised that the rights of any existing tenants or persons occupying the subject real property may be covered by the provisions of West Virginia Code c 38-1-16. 12. The Successor Trustee shall be under no duty to cause any items of personal property remaining at the subject real property following the sale to be removed therefrom. The purchaser shall be responsible for compliance with all applicable laws in the disposal of any such items of personal property, including West Virginia Code c 38-1-17, to the extent such statute applies. 13. The Successor Trustee reserves the right to adjourn the sale, for a time, or from time to time, without further notice, by announcement made at the time and place of the sale described above. 14. Employees, directors and officers of Farm Credit of the Virginias, ACA, and their immediate family and companies in which they have an interest are not eligible under federal regulations to purchase this property at foreclosure. 15. Announcements made on the day of sale take precedence over these Terms of Sale. Given under my hand this 30th day of January, 2018. MARK D. CLARK Successor Trustee Spilman Thomas & Battle, PLLC P. O. Box 273 Charleston, West Virginia 25301 (304) 340-3800 EXHIBIT A EXHIBIT A DESCRIPTION OF PROPERTY All of that certain lot, tract or parcel of land, together with the buildings thereon, and the easements, rights of way and appurtenances thereunto belonging, situate in New Haven District, Fayette County, West Virginia, which property is more particularly bounded and described as follows: PARCEL ONE FIRST TRACT: A tract or parcel of land being 303.0824 acres, located in the vicinity of Danese, New Haven District, Fayette County, West Virginia, and being more particularly described as follows: Beginning at a 1/2-rebar, set, said rebar being a common corner of the Ernest R. Bowyer Estate and RHC, Inc., first and third tracts; thence leaving RHC, Inc. third tract and with the common line of RHC, Inc. first tract and the Ernest R. Bowyer Estate the following two (2) calls: S 42 f 29' 41" E 546.82 feet to a 1/2-inch rebar, set; N 57 f 51' 05" E 410.96 feet to a 1/2-inch rebar, set, said rebar being a common corner of the Ernest R. Bowyer Estate, J.W. Fleshman and RHC, Inc. first tract; thence leaving the Ernest R. Bowyer Estate and with common lines of J. W. Fleshman and RHC, Inc. first tract the following four (4) calls: N 73 f 25' 21" E 543.00 feet to a 1/2-inch rebar, set; N 34 f 36' 15" E 520.09 feet to a 1/2-inch rebar, set, N 18 f 45' 00" E 470 feet to a 1/2-inch rebar, set; N 39 f 12' 24" W 433.11 feet to a 1/2-inch rebar, set, said rebar being a common corner of J.W. Fleshman, Jerry R. and Veneda C. Brown and RHC, Inc. first tract; thence leaving J.W. Fleshman and with a common line of Jerry R. and Veneda C. Brown and RHC, Inc. first tract, S 77 f 18' 55" E 1,430.11 feet to a 1/2-inch rebar, set, said rebar being a common corner of Jerry R. and Veneda C. Brown, Virgil Martin and RHC, Inc. first tract; thence leaving Jerry R. and Veneda C. Brown and with a common line of Virgil Martin and RHC, Inc. first tract, S 59 f 23' 00" E 1,089.17 feet to a 1/2-inch rebar, set, on the line of Shirley E. and Stanley E. Taylor; thence leaving Virgil Martin and with a common line of Shirley E. and Stanley E. Taylor and RHC, Inc. first tract, S 21 f 20' 06" W 4,996.98 feet (passing a 1/2-inch rebar, set, at a distance of 1511.32 feet, said rebar being a common corner of Shirley E. and Stanley E. Taylor and RHC, Inc. second tract and continuing with the common line of RHC, Inc. first tract and second tracts, passing a 1/2-inch rebar, set, a distance of 1546.04 feet, said rebar being a common corner of Agricultural Timberland, Inc. and RHC, Inc. second tract and continuing with the common line of Agricultural Timberland, Inc. and RHC, Inc. first tract) to a 3 3/4-inch metal disk in concrete, found, said disk being a common corner of Agricultural Timberland, Inc., Bernard Martin and Rhc, Inc. first tract; thence leaving Agricultural Timberland, Inc. and with a common line of Bernard Martin and RHC, Inc. first tract, N 57 f 43' 11" W 2,563.79 feet (passing a common corner of Bernard Martin and Viola M. Martin and continuing with the common line of Viola M. Martin and RHC, Inc. first tract) to a 1/2-inch rebar, set, said rebar being a common corner of Viola M. Martin, Matthew and Carmie Martin, Samuel Willard McKinney, Jr. and RHC, Inc. first tract; thence leaving Viola M. Martin and Matthew and Carmie Martin and with common lines of Samuel Willard McKinney, Jr. and RHC, Inc. first tract the following five (5) calls: N 44 f 51' 22" E 532.09 feet to a 1/2-inch rebar, set, N 05 f 57' 08" E 933.50 feet to a 1/2-inch rebar, set; N 54 f 54' 42" W 423.57 feet to a 16-inch by 4-inch stone, found; N 72 f 47' 15" W 528.42 feet to a 1/2-inch rebar, set; S 85 f 58' 51" W 684.90 feet to a 1/2-inch rebar, set, said rebar being a common corner of Samuel Willard McKinney, Jr. and RHC, Inc. first and third tracts; thence leaving Samuel Williard McKinney, Jr. and with the common line of RHC, In. first and third tract, N 44 f 45' 44" E 1,854.55 feet to the POINT OF BEGINNING, containing 303.0824 acres, more or less, as surveyed by Southern Engineering & Surveying Company, Inc., on June 02, 1999 and as shown on a map titled "Map showing survey of three tracts of land presently owned by RHC, Inc., Deed Book 500, Page 451, situated near Danese, New Haven District, Fayette County, West Virginia, scale: 1"=300', Date: June 2, 1999". SECOND TRACT: A tract or parcel of land being 1.5624 acres, located in the vicinity of Danese, New Haven District, Fayette County, West Virginia, and being more particularly described as follows: Beginning at a 1/2-inch rebar, set, on the line of RHC, Inc. first tract, said rebar being a common corner of Agricultural Timberland, Inc. and RHC, Inc. second tract; thence leaving Agricultural Timberland, Inc. and with a common line of RHC, Inc. first and second tract, N 21 f 20' 06" E 34.72 feet to a 1/2-inch rebar, set, said rebar being a common corner of Shirley E. and Stanley E. Taylor and RHC, Inc. second tract; thence leaving RHC, Inc. first tract and with common lines of Shirley E. and Stanley E. Taylor and RHC, Inc. second tract the following two (2) calls: S 40 f 23' 00" E 82.54 feet to a 12-inch double red maple, found; S 20 f 25' 30" E 36.99 feet to a 21 1/2-inch white gum found, said gum being a common corner of Shirley E. and Stanley E. Taylor, Vernon and Lorine Eagle and RHC, Inc. second tract; thence leaving Shirley E. and Stanley E. Taylor and with common lines of Vernon and Lorine Eagle and RHC, Inc, second tract the following two (2) calls: S 46 f 04' 49" E 193.54 feet to a 18 1/2-inch hickory, found; S 54 f 54' 42" E 212.16 feet to a 26-inch gum found, said gum being a common corner of Vernon and Lorine Eagle, James P. and Mary E. Akers and RHC, Inc. second tract; thence leaving Vernon and Lorine Eagle and with common lines of James P. and Mary E. Akers and RHC, Inc. second tract the following three (3) calls: S 44 f 39' 49" E 222.04 feet to a 1/2-inch rebar, set; S 36 f 59' 53" E 97.51 feet to a 1/2-inch rebar, set; S 40 f 44' 52" E 46.01 feet to a 1/2-inch rebar; set, said rebar being a common corner of James P. and Mary E. Akers, David P. and Deana F. Cole and RHC, Inc. second tract; thence leaving James P. and Mary E. Akers and with a common line of David P. and Deana F. Cole and RHC, Inc. second tract, N 88 f 27' 53" W 34.99 feet to a 1/2-inch rebar, set, said rebar being a common corner of David P. and Deana F. Cole, Agricultural Timberland, Inc. and RHC, Inc, Inc. second tract; thence leaving David P. and Deana F. Cole and with common lines of Agricultural Timberland, Onc. and RHC, Inc. second tract the following three (3) calls: N 62 f 17' 21" W 193.35 feet to a 1/2-inch rebar, set; N 51 f 27' 11" W 300.14 feet to a 1/2-inch rebar, set; N 31 f 57' 01" W 370.27 feet to the POINT OF BEGINNING containing 1.5264 acres, more or less, as surveyed by Southern Engineering & Surveying Company, Inc. on June 02, 1999 and as shown on a map titled "Map showing survey of three tracts of land presently owned by RHC, Inc., Deed Book 500, Page 451, situated near Danese, New Haven District, Fayette County, West Virginia, scale 1"=300', Date: June 2, 1999". THIRD TRACT: A tract or parcel of land being 154.1957 acres, located in the vicinity of Danese, New Haven District, Fayette County, West Virginia, and being more particularly described as follows: Beginning at a 1/2-inch rebar, set, said rebar being a common corner of the Ernest R. Bowyer Estate and RHC, Inc. first and third tracts; thence leaving the Ernest R. Bowyer Estate and with a common line of RHC, Inc. first and third tracts, S 44 f 45' 44" W 1,854.55 feet to a 1/2-inch rebar, set, said rebar being a common corner of Samuel Willard McKinney, Jr. and RHC, Inc. first and third tracts; thence leaving RHC, Inc. first tract and with a common line of Samuel Willard McKinney, Jr. and RHC, Inc. third tract, N 56 f 57' 29" W 1,122.00 feet to a 1/2-inch rebar, set, said rebar being a common corner of Darrell M. and Virginia D. Critchley and RHC, Inc. third tract; thence leaving Samuel Willard McKinney, Jr. and with common lines of Darrell M. and Virginia D. Critchley and RHC, Inc. third tract the following three (3) calls: N 42 f 37' 00" E 1,141.98 feet to a 1/2-inch rebar, set; N 48 f 23' 00" W 1,072.72 feet to a 15-inch hickory; N 72 f 02' 24" W 408.52 feet to a 1/2-inch rebar, set, said rebar being a common corner of Darrell M. and Virginia D. Critchley, Morris L. Fleshman and RHC, Inc. third tract; thence leaving Darrell M. and Virginia D. Critchley and with common lines of Morris L. Fleshman and RHC, Inc. third tract the following five (5) calls: N 34 f 08' 51" E 585.19 feet to a 1/2-inch rebar, set; N 51 f 48' 08" W 170.77 feet to a 1/2-inch rebar, set; N 61 f 22' 36" W 242.43 feet to a 1/2-inch rebar, set, N 68 f 50' 52" W 363.21 feet to a '1/2-inch rebar, set; N 10 f 22' 14" E 164.23 feet to a 1/2-inch rebar, set, said rebar being a common corner of Morris L. Fleshman, Danny and Donna Davis and RHC, Inc. third tract; thence leaving Morris L. Fleshman and with common lines of Danny and Donna Davis and RHC, Inc. third tract the following three (3) calls: N 15 f 38' 51" E 253.27 feet to a 1/2-inch rebar, set; N 73 f 50' 04" W 191.87 feet to a 1/2-inch rebar, set; N 20 f 32' 52" W 213.60 feet to a 1-inch iron pipe, found, said pipe being a common corner of Danny and Donna Davis, William K. and Cindy Huff and RHC, Inc. third tract; thence leaving Danny and Donna Davis and with a common line of William K. and Cindy Huff and RHC, Inc. third tract, N 26 f 40' 50" E 928.70 feet (passing a common corner of William K. and Cindy Huff and Timothy and Tammy Brandstetter and continuing with the common line of Timothy and Tammy Brandstetter and RHC, Inc. third tract; passing a common corner of Timothy and Tammy Brandstetter and Joe and Lucinda French and continuing with the common line of Joe and Lucinda Franch and RHC, Inc. third tract) to a 1/2-inch rebar, set, said rebar being a common corner of Joe and Lucinda French and RHC, Inc. third tract; thence with the common line of Joe and Lucinda French and RHC, Inc. third tract the following four (4) calls: N 08 f 22' 24" E 748.80 feet to a 1/2-inch rebar, set; N 48 f 34' 19" W 165.03 feet to a point; N 60 f 20'57" W 93.42 feet to a point; N 36 f 48' 50" W 91.83 feet to a point, said point being a common corner of Joe and Lucinda French, Adam F. and Monica B. Hanshew and RHC, Inc. third tract; thence leaving Joe and Lucinda French and with common lines of Adam F. and Monica B. Hanshew and RHC, Inc. third tract the following four (4) calls: N 41 f 24' 17" W 169.04 feet to a point: N 04 f 28' 17" W 182.10 feet to a point; S 76 f 43' 20" E 52.00 feet to a point; N 30 f 31' 40" E 86.42 feet to a point on the southern right-of-way line of West Virginia County Route 31; thence leaving Adam F. and Monica B. Hanshew and with the said right-of-way line, S 49 f 32' 04" E 32.98 feet to a point, said point being a common corner of David P. and Deana F. Cole and RHC, Inc. third tract; thence leaving said right-of-way line and with common lines of David P. and Deana F. Cole and RHC, Inc. third tract the following four (4) calls: S 40 f 16' 17" W 99.10 feet to a point; S 08 f 31' 17" W 88.10 feet a point; S 08 f 13' 43" E 65.20 feet to a point; S 38 f 18' 43" E 110.08 feet to a point, said point being a common corner of David P. and Deana F. Cole, Allen and Barbara Ramsey and RHC, Inc. third tract; thence leaving David P. And Deana F. Cole and with common lines of Allen and Barbara Ramsey and RHC, Inc. third tract the following four (4) calls: S 42 f 57' 16" E 135.21 feet to a point; S 62 f 24' 05" E 86.65 feet to a point; S 62 f 24' 05" E 16.50 feet to a point; S 44 f 39' 40" E 113.78 feet to a point, said point being a common corner of Allen and Barbara Ramsey, Loreine Martin and RHC, Inc. third tract; thence leaving Allen and Barbara Ramsey and with common lines of Loreine Martin and RHC, Inc. third tract the following four (4) calls: S 50 f 04' 18" E 32.83 feet to a 1/2 inch rebar, set; S 84 f 16' 24" E 215.00 feet to a 22 1/2 inch white oak; S 29 f 11' 29" E 285.00 feet to a 1/2 inch rebar, set; N 39 f 58' 00" E 221.00 feet to a nail in root, set, said nail being a common corner of Loreine Martin, Ernest R. Bowyer Estate and RHC, Inc. third tract; thence leaving Loreine Martin and with common lines of Ernest R. Bowyer Estate and RHC, Inc third tract the following fourteen (14) calls: S 06 f 35' 00"W 108.27 feet to a 1/2-inch rebar, set; S 32 f 23' 00" E 250.61 feet to a 1/2-inch rebar, set; S 18 f 32' 00" E 176.00 feet to a 1/2-inch rebar, set; S 29 f 11' 00" E 515.00 feet to a 1/2-inch rebar, set; S 11 f 55' 00" E 144.00 feet to a 1/2-inch rebar, set; S 02 f 13' 00" E 130.00 feet to a 1/2-inch rebar, set; S 28 f 25' 00" E 142.00 feet to a 1/2-inch rebar, set; S 08 f 25 00" E 527.00 feet to a 1/2-inch rebar, set; S 28 f 05' 00" W 193.00 feet to a l/2-inch rebar, set; S 21 f 09' 00" E 128.00 feet to a 1/2-inch rebar, set; S 42 f 39' 00" E 505.00 feet to a point between a 25 1/2-inch lynn and a 24-inch beech; S 74 f 58' 46" E 202.68 feet to a 1/2-inch rebar, set; S 27 f 06' 00" E 495.00 feet to a 16-inch beech; S 40 f 29' 51" E 1,238.71 feet to the POINT OF BEGINNING, containing 154.1957 acres, more or less, as surveyed by Southern Engineering & Surveying Company, Inc. on June 02, 1999 and as shown on a map titled "Map showing survey of three tracts of land presently owned by RHC, Inc., Deed Book 500, Page 451, situated near Danese, New Haven District, Fayette County, West Virginia, scale 1=300', Date: June 2, 1999" PARCEL TWO TRACT NO. 1- BEGINNING at two beeches on the Opossum Branch and running down the branch 20 poles to an ash corner on same, and running through the survey to the top of the hill to J.A. Anderson line, corner on a locust and with Anderson to a hickory corner on same; N 80 E 21 poles to a white oak corner to Fleshman, S 75 E 20 poles to a gum chestnut and sourwood corner to C.A. Fox on the original line, S 48 W 83 poles to a chestnut and maple on said line, and tract containing 20 acres, more or less. TRACT NO. 2 - BEGINNING at 2 beeches and running a straight line to C.A. Fox corner, and with Fox line to the top of the hill to spanish Oak corner to Fox, and with Fox to a chestnut corner on same, and from thence a northwesterly course a straight line with a fence to an ash the Opossum Branch, corner to J.H. Martin, and from thence a straight line up the Branch to the place of beginning, containing 6 acres, more or less. There is, however, expressly reserved from said Tract No. 2 a portion thereof containing one-half acre, which was conveyed to John Mullins and wife by Willard Kincaid and wife by deed bearing date of November 23, 1946 and of record in the Fayette County Commission Clerk's Office in Deed Book No. 120 at Page 177. TRACT NO. 3 - BEGINNING at a gum-chestnut and sourwood on the original line; thence leaving same and through the original survey S 20 W 83 poles to two chestnuts and a maple on original survey; thence S 26 E 19 poles to a fence post in original line; thence running with the present fence in a northeasterly direction a distance of about 95-1/2 acres, to a stake in the Fleshman line; thence with said line N 57W 8-2/3 poles to the beginning containing 6-1/2 acres, more or less. TRACT NO. 4 - BEGINNING at a chesnut stump as a corner and running northwest 16 1/2 rods corner to a fence post, of W.C. Kincaids and John Mullens property; thence running southeast 9 rods to an oak stump on top of a hill; thence southwest 15 rods to the place of beginning, containing one-half (1/2) acre, more or less. TRACT NO. 5-BEGINNING at a Spanish oak on the point of a ridge, corner to the original survey and with south 86 E 114 poles to a maple and birch in the bend of a branch, N 14-1/2 E 40 poles to a dogwood and chestnut oak on Fleshman's line, and with N 67W 31 poles to a double poplar corner to same with N 57 W 103 poles to a gum, chestnut and sourwood on the original line leaving same and through the original survey S 20 W 83 poles to two chestnuts and a maple on the original survey and with same S 26 E 39 poles to the beginning and containing 63 acres, be the same more or less. There is, however, expressly excepted and reserved from said Tract No. 5 a parcel of land containing 6-1/2 acres which was conveyed by Dillard Fox to J.C. Kincaid by deed of record in the aforesaid County Clerk's Office in Deed Book No. 107, at Page 118. TRACT NO. 6 - BEGINNING at a chestnut and a Spanish oak on the point of a ridge, corner to the original survey and leaving S 59' W 15 poles to a chestnut by a fence; thence S 86 E 128 poles to two small beeches near a branch on a line of the original, and with N 5 E 14 poles to a maple and birch in the bend of a branch, corner to same and with N 86W 114 poles to the place of beginning, and containing 8-1/2 acres, more or less. There is, however, expressly reserved from said Tract No. 6 a certain one-half acre of land, comprising a cemetery, which is more particularly described in that certain deed executed by C.A. Fox to Dillard Fox, which deed bears date of September 4, 1926, and is of record in the Fayette County Clerk's Office in Deed Book No. 62, at Page 162. There is further excepted and reserved a right-of-way fully set forth in that certain deed executed by Dillard Fox, single, to John Mullens, et ux, dated April 5, 1945, and recorded in the Fayette County Commission Clerk's Office in Deed Book No. 110 at Page 162. And being the same real property conveyed unto PPPFD, Inc., a West Virginia Corporation, by deed dated May 13, 2013, from Girlonza Scott and Katherine Jane Scott, said deed of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed Book 695 at Page 517. And further being the real property conveyed unto Mark Timothy Radcliffe and Angela Lee Radcliffe, husband and wife, or Survivor, by deed dated May 16, 2016, from PPPFD, Inc., said deed not yet of record. Reference is hereby made to all prior instruments in the chain of title for all reservations, restrictions, limitations and easements and right of way affecting the property herein conveyed. 2-22-3; 107521
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PostedFebruary 08, 2018