NOTICE OF SUBSTITUTE TRUSTEE’S SALE
NOTICE OF SUBSTITUTE TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, Adam Barney, by that certain Deed of Trust dated October 22. 2019, executed by Borrower, Sandhill Crane Properties, LLC, to James C. Gardill. The Trustee of record in the Office of the Clerk of the County Commission of Brooke County, West Virginia, in Book 587, at Page 228. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 1001 Raymond Drive, Oakdale, PA 15071. By instrument dated March 18, 2024 recorded in Book 638, at Page 611, Wesbanco, Inc., assigned the Deed of Trust to Cross Creek Area Holdings, LLC. Adam Barney was appointed as Substitute Trustee by Notice of Substitution of Trustee dated March 29, 2024, of record in the aforesaid Clerk’s Office in Book 638, at Page 786. The borrower defaulted under the Note and Deed of Trust and the Substitute Trustee will sell the following described property to the highest bidder at the front door of the Courthouse of Brooke County, in Wellsburg, West Virginia, on the following date:
May 13, 2024, at 1:30 p.m.
Situated in Cross Creek District, Brooke County, West Virginia, that is to say:
All those certain parcels of land situate in Cross Creek District, Brooke County, West Virginia, known, designated and described as Lots Nos. 2 and 3 on the Revised and Amended Plat of the Patterson Subdivision recorded in the office of the Clerk of the County Court of said County in Deed Book No. 68, Pages 518-519 (the original plat of Patterson Subdivision being recorded in the office aforesaid in Deed Book No. 61, Page 213). Each of said lots, which are adjoining fronts 60 feet on the northern side of the Follansbee – Eldersville Road and extends northwardly in like width 450 feet to an alley. Reference is hereby made to the said plats for a more particular description.
Excepting and reserving the following parcel, conveyed to Jeffrey Glikey and Kathleen Glikey, husband and wife, by deed of Mary Ann Hanlon, single, dated, May 5, 1988, and of record in the Office of the Clerk of the County Commission of Brooke County, West Virginia, at Deed Book Volume 246, Page 327, and more particularly described as follows:
All that certain parcel of land situate in the District of Cross Creek, County of Brooke, State of West Virginia, being more particularly described as follows:
Beginning at the common east corner of Lots #3 and #4 of the Revised Plat of Paterson Subdivision as recorded in Deed Book 68, Page 518-519, said point being on the west side of the now existing Eldersville Road; thence with the Common Line between Lots #3 and #4 N. 72° 21’ W. 202.09 feet to a pin and the true place of beginning of the property her to be conveyed; thence continuing along said Line N. 72° 21’ W. 247.91 feet to a point; thence N. 18° 20’ E. 120 feet to a pin; thence S. 72° 21’ E. 247.91 feet along the Common Line Between Lots #1 and #2 to a pin; thence through Lots #2 and #3 S. 18° 20’ W. 120 feet to the place of beginning containing 0.683 Acres, more or less, and being the western 247.91 feet of Lots #2 and #3 of the Revised Plat of Patterson Subdivision as recorded in Deed Book 68, Page 518 and 518 and a fractional part of Lands of Hanlon, Deed Book 244, Page 331.
There Is also a twenty (20) foot Right of Say from the Follansbee-Eldersville Road through Lot #3 – 202.09 feet along the Common Line between Lot #3 and #4 bearing the call No. 72° 21’ W.
This conveyance is also made subject to the following:
1.) An exception of all the coal underlying said land with mining rights and privileges relating thereto as heretofore sold and conveyed.
2.) To all rights-of-way, easements, rights and privileges if any, which may now be in force or effect as to said land or any part thereof.
Under and subject to easements, rights of way, oil and gas leases, restrictions, reservations, exceptions, agreements, and coal and mining rights as set forth in prior instruments of record.
Being the same property conveyed to Sandhill Crane Properties, LLC, a West Virginia limited Liability Company from Eldersville Road LLC, a West Virginia limited Liability Company, by deed dated the 22nd day of October, 2019, and recorded in the office of the Clerk of the County Commission of Brooke County, West Virginia in Deed Book 396, at page 215.
TERMS OF SALE:
- The property will be conveyed in an “AS IS” physical condition by Deed containing no warranty, express or implied, subject to the Internal Service right of redemption, all property taxes, prior Deeds, reservations, encumbrances, restrictions, rights-of ways, easements, conveyances and conditions of record in the Clerk’s office or affecting the subject property.
- The Purchaser shall be responsible for payment of the transfer taxes imposed by West Virginia Code § 11-21-1.
- The Beneficiary and/or thee Servicer of the Deed of Trust and Note reserve the right to submit a bid for the property at sale.
- The Trustee or Substitutie Trustee reserves the right to continue sale of the subject property from time to time by written or oral proclamation, which continuance shall be in the sole discretion of the Trustee or Substitute Trustee.
- The Trustee or Substitute 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.
- The minimum bid shall be $270,000.00 and the Trustee or Substitute Trustee reserves the right to reject any and all bids.
- The total purchase price is payable to the Trustee within thirty (30) days of the date of sale, with ten percent (10%) of the total purchase price payable to the Substitute Trustee at sale.
- Additional terms of sale may be announced prior to the sale.
ADAM BARNEY (WV #12015), Substitute Trustee
Berry, Kessler, Crutchfield, Taylor & Gordon
514 Seventh Street
Moundsville, WV 26041
(304) 845-2580
[email protected]
BCR 04/26 – 05/03/24