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Newspaper Archive of
The Preston County Journal
Kingwood, West Virginia
September 14, 2011     The Preston County Journal
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September 14, 2011
 
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SERVICES ES PAVING: Driveways, Parking lots, patchwork, resurfacing old asphalt also sealcoating. Free estimates. All work guaranteed. Over 25 yrs. experience. Church, senior and veteran discounts. Special 30% discount. Licensed and insured. References available. If we do the paving you will do the saving. WV#014237. 304-329-6338. ASPHALT PAVING: Driveways, parking lots and more. Also seaicoating. Senior & Veteran Discounts. Over 20 years experience. Licensed, insured and bonded. Serving Preston, Monongahela, Marion & surrounding areas. Will beat any competitors price. All work guaranteed. Free estimates. 304-472-5176 - 304-613- 5557. REAL ESTATE KINGWOOD: 213 View Street. 3 BR, 2 BA House. Partially finished basement. Two car garage. Appliances & window treatments included. $113,000. Call 304-864- 5311 or 770-934-1099. thru 9/14 HOUSE IN KINGWOOD: Good condition, large lot, 3 BR, 1 BA, garage w/contents. 118 N. Sigler St. $70,000. Call 919-552-1638 or 304- 379-2059. FOR RENT BRUCETON MILLS: 2-3 BR House. $850 per month. Call 304-698-6081. HOUSE FOR RENT OR SALE: Recently remodeled. 3 BR, 2-1/2 BA, basement. Includes appliances. $650 month plus security deposit, credit check. No pets. 304-789- 2135. MISCELLANEOUS ADOPTA CAT OR A KITTEN: From the Friends of The Four Legged and Furry. Call 304-379-2509. CERTIFIED IN HOME CHILDCARE" Has four openings for children birth-12 yrs. MountainHeart approved & private pay accepted. USDA approved meals. Fenced-in play yard. References available. Call 304-212-8595. FOR SALE '92 CHEV SUBURBAN 2500:454 4wd. New tires 85K $4,000; 304- 568-2791. 12X65 MOBILE HOME: plus tip out and addition. All new thermal pane windows three year old fuel furnace. New plumbing, gable roof. Must be moved; 304-735-5201. FOR SALE: One aluminum over wood double stall truck dog box/ carrier, $200 o.b.e. Call 304-903- 8163. '97 C1500 CHEVY PICKUP: 2 WD, V-6. 106,000 miles. $3,200. Call 304-864-7892 leave message. HELP WANTED DIRE .CT CARE WORKERS NEEDED in Preston County. Competitive pay, flexible hours and paid vacation. Call Hometown Care 304-823-0223. PERSON TO PROVIDE COMPANIONSHIP: and limited homemaking services to Kingwood elderly woman during the day on Saturday and Sunday. Call 304-216- 9996. WANTED WANTED TO BUY: Wild Native green Ginseng, $120 lb. Goldenseal $20 lb. dried tops $3.50 lb. Black Cohosh clean and dry $3.50 lb., and Wild Dry Ginseng. Buying other medicinal and botanicals. Buying Fridays 9:30 a.m. till noon across from Browns Mill Grocery Rt. 92 304-257-4491. YARD SALE YARDSALE 'AND BAKESALE: Reedsville United Methodist Church. Saturday, September 17 rain or shineT $5 clothing bag sale. Many bargains. 304-680-1496. thru 9117 LARGE YARD & GARAGE SALE: Rain or shine. St. Joe Road half way between Caddel and Albright. Look for large sign. Saturday, 17. 9 a.m. to 5 p.m. GARAGE SALE: Friday September LEGAL NOTICE NOTICE OF TRUSTEE'S SALE TO: MARK TAYLOR Notice is hereby given that pursuant to the authority of that certain Deed of Trust executed by Mark Taylor, to the Trustee as therein named for said Lender, said Deed of Trust bearing date of the 29th day o'f December, 2000, and of record in the Office of the Clerk of the County Commission of Preston County, West Virginia, in Trust Deed Book No. 335, at Page 631, and default having been made in the payment of the indebtedness secured by the aforesaid Deed of Trust, and further, said Lender having executed that certain Appointment of Substitute Trustee, dated the 11th day of February, 2010, and of record in the aforesaid County Clerk's Office on the 16th day of February, 2011, in Deed Book 480 at Page 12, appointing and substituting Keith J. Pappas as the Trustee of the aforereferenced Deed of Trust instrument. The said Trustee having been formally instructed by said Lender, the owner and holder of the Note evidencing said indebtedness, to advertise and sell the property as hereinafter described, on the terms and provisions as more particularly set forth in said Deed of Trust. Therefore, I, Keith J. Pappas, the undersigned Trustee, will on Wednesday, the 28th day of September, 2011, at 11:00 a.m., offer for public sale to the highest bidder, for cash, at the front door of the Preston County Courthouse, situate at 106 W. Main Street, Kingwood, West Virginia, the real estate as conveyed by said Deed of Trust and therein described as follows, to wit: All that certain lot or parcel of real estate situate, together with the buildings and improvements thereon and appurtenances thereunto belonging, lying and being in Kingwood District, Preston County, West Virginia, more particularly bounded and described as follows: All of Lot 15 of Thousand Acres as more particularly bounded and described as follows, to-wit: All that piece or parcel of land situated in Kingwood District, Preston County, West Virginia and being more particularly bound and described as follows, (Magnetic Meridian September 28, 2000 Courses, and Horizontal Measurements being used throughout) to wit: BEGINNING for the same at a 5/8" iron pin found in the division line of a deed dated August 9, 1985, Sandy Creek Land Company, Inc., to Patriot Mining Company, Inc., and recorded in Deed Book No. 521, at Page No. 167, one of the Land Records of Preston County, West Virginia, said point of beginning also being located in the division line of the lands of Ray A. Stull, Sr., Et Ux (589/470), thence with and binding on the division line of the lands of RayA. Stull, Sr., Et Ux (5891470): South 87 23' 09" East 23.71 feet to a point on the northerly side of West Virginia Secondary Route 58/2, thence leaving the lands of Ray A. Stull, Sr., Et Ux (589/470) and with the binding on the northerly side of West Virginia Secondary Route 58/2 for the following five courses and distances: South 60 31' 06" West 38.55 feet to a point; thence South 65 15' 23" West 47.28 feet to a point; thence South 69 18' 44" West 50.31 feet to a point; thence South 54 28' 29" West 82.61 feet to a point; thence South 42 35' 10" West 40.07 feet to a point in the center line of an existing gravel road and proposed 50.00 foot right of way, thence leaving West Virginia Secondary Route 58/2 and with and binding on the center line of the existing gravel read and proposed 50.00 foot right of way for the following nine courses and distances; South 67 31' 54' West 57.34 feet to a point; thence South 52 33' 29" West 51.60 feet to a point; thence South 49 57' 58" West 46.79 feet to a point; thence South 46 05' 34" West 653.70 feet to a point; thence South 46 34' 35" West 170.35 feet to a point; thence South 54 23' 06" West 89.43 feet to a point; thence South 61 42' 48" West 211.86 feet to a point; thence South 66 40' 53" West 254,79 feet to a point; thence South 76 43' 39" West 166.09 feet to a 5/8"iron pin set, thence leaving the existing gravel road and proposed 50.00 foot right of way and by the following five new division lines; North 04 47' 19" East 1008.46 feet to a point; thence South 89 41' 17" East 310.69 feet to a point; thence North 35 02' 50" East 86.68 feet to a 5/8" iron pin set, thence South 89 17' 25" East 753.51 feet to a 16" sycamore tree at an existing fence corner found, thence North 87 37' 59" East 375.81 feet to the place of beginning, containing 20.166 Acres, more or less, all of which is shown as Parcel No. 15. Being the same real estate conveyed to Mark Taylor, by deed from American Acreage, LLC, dated the 19th day of December, 2000, of record in the aforesaid Clerk's office in Deed Book 621, at Page 908. THIS SALE is made subject to any prior liens, assessments or mortgages, persons in possession and the rights of any tenants therein and said property is being sold "as is," and 'vhere as," without any representation or warranty, express or implied, as to the condition of the improvements, the availability of utilities, whether latent or patent defects may exist therein or thereon, the existence of any defect respecting the quality or marketability of the title thereof, matters which would be revealed by an accurate survey or visual inspection of the premises, the improvements thereon and its boundaries. TERMS OF SALE: Said real estate will be sold for cash in hand on the day of the sale or other terms as may be acceptable to Lender on said day and date. All persons intending to be present at said time and place of sale, and intending to bid, must register with Trustee, showing a valid proof of identity and letter of credit from source of funds or bank in amounts equivalent to any proposed bid, plus costs. All bids may be freely assigned to qualified parties or entities, subject to Lender's consent. Purchaser shall pay all transfer tax stamps, property taxes, advertising, recording costs, deed preparation and closing costs incurred pursuant to said bid, purchase and transfer. The underslgned Trustee reserves the right to continue said sale from time to time and to reject any and all bids or offers at any time. DATED this the 12th day of September, 2011. Keith J. Pappas, Trustee 176 Fayette Street Morgantown, WV 26505 (304) 292-0821 Fax: (304) 292-0514 kpappaslaw@labs.net 9/14. 21 16, Saturday September 17, 9am-6pm, Rt 26N, pass Glade Farms, house on right, 22724 N Preston Hwy., on right, household, Christmas, and tool items. FOR SALE Summit climbing tree stand, rated 450 Ibs., gd. cond., org. cost over $300 asking $175; 304-864-6942. 3.0 Chrysler alternator, may fit other models, $40; 304-864-6942. Ten 20 Ib. propane gas tanks, old type, $10 each or $60 for all, one new type $15; 30-864-6942. Two chain binders, USA made, exc. cond., $15 each or $25 for both; 304-680-1532. Sega Genisis & CD combo w/six games, $45; 304-680-1 532. Antique Anchor brand clothes wringer, made in 1890's connects to washtub, exc. cond. $100; 304- 680-1532. Quart canning jars, $5 a dozen, call 304-454-9723. Breckwell Pellet Stove with glass front, thermostat controlled, four yrs. old, $500; 304-329-0757. Jazzy motorized wheelchair; brand new. Great for the elderly. Price to sell. Call 304-892-4552. Two bicycles, girls, black and red with helmets, $40 eacti; 304-789- 2223. Kenmora side by side refrigerator with water and ice in door, 36"w x 30" d, $300; 304-616-1232. Garden block, 100, 4x12; 50 gal. 's Excavating & Sanitation, ,Lc Septic Tank Cleaninq Also Installation Portable Toilet Rental 864-3789 WV009186 Wednesday, September 14, 2011-Kingwood, WV-PRESTON COUNTY JOURNAL-11 garden pond, pump & three concrete water falls, $150; 304-892-3909. 33 1/2 RPM record albums, easy listening and country, approx. 45 total; 304-329-0841. Vintage treadle Singer sewing machine, average condition, $150 obo.; 1-301-616-0227, leave a message. Two Goodyear Eagle LS Mud and Snow tires, P 225-50 R 18. Excellent condition. $75 each, 304- 329-3104. Gas grill with cast iron grates, $50; 304-329-3104. "rV-Apex, 20" w/built in DVD & remote. Works great $50; 304-329- 2081. Grill, 468 sq. inch cooking surface, side burner, gas tank not included, $60; 304-3292081. Range hood, stainless, 30" wide, re-circulating, wall mount. Chimney- style. Still in box, $400 obo.; 304- 329-2081. Nine baseboards, never used, $15 for all; 304-329-2081. Double stroller, easy fold up for storage, nice condition, $45; 304- 864-3251. 1940's maple leaf table w/ two chairs, pull out leafs in good condition, $45; 304-864-3251. GE microwave with turntable, looks new, $25; 304-864-3251. Full size bed, wood headboard and metal frame, complete like new LEGAL NOTICE FIDUCIARY NOTICE The following estates have been referred to the undersigned Fiduciary Commissioner for settlement: Rebecca J. Talerico and Judith A. Gdbble, Co-Executrixes of the ESTATE OF BETTY JEAN NIEMAN, deceased; Paul Fletcher, Executor of the ESTATE OF JOHN F. HOLLERAN, deceased; and Carolyn Sue Strahin, Executrix of the ESTATE OF OLEQA M. STRAHIN, deceased. Given under my hand this 1st day of September, 2011. Sheila Kae Williams Fiduciary Commissioner Preston County, West Virginia 9/7,14 LEGAL NOTICE NOTICE OF TRUSTEE'S SALE TO: MR. NATHAN C. SCHELL 206 Morgan Drive, Apartment C Morgantown, WV 26505 You are hereby notified and notice is hereby given that the undersigned Trustee will, on September 20, 2011 at 3:30 p.m. offer for sale at the front door of the Preston County Courthouse in Kingwood, West Virginia, all that certain lot or parcel of real estate together with the improvements thereon, situate, lying and being in the Valley District, Preston County, West Virginia, in the Community of Arthurdale, and being more particularly bounded and described as follows: BEGINNING at an iron rod in original line between Lots B-4 and B-8 said iron rod is located S. 43 degrees 25' E. 100 ft. from a concrete marker, original marker being the northeast corner of Lot B-4 and the northwest corner of Lot B-8, said iron rod is also the southwest corner of a parcel of land now owned by John McCrobie, which originally was a part of Lot B-8, thence with two lines of John McCrobie, N. 41 degrees 20' E. t93 ft. to. an iron red;thence N. 54 degrees.25'-W:t20.ft.toan irort rodort4h east side of "C" Road, thence with east side of said road, N. 34 degrees 44' E. 67.76 It. to an iron rod in the intersection of "C" Road and "D" Road, (original concrete marker not found) thence with three lines of "D" Road, S. 63 degrees 30' E. 47.70 ft., thence S. 60 degrees 03' E. 113.25 ft. (original map curve right 6 degrees 06' 113.25 ft.) thence S. 56 degrees 36' E. 91.8 ft. to an iron rod, thence leaving "D" road, S. 41 degrees 20' W. 306.70 ft. to an iron rod in the original line between Lots B-4 and B-8, thence with original line, N. 43 degrees 25' W. 121.50 ft. to the beginning, containing 1.030 acres, more or less, as shown on a plat of survey dated March 4, 1972, prepared by Paul W. Guseman of record in the Office of the Clerk of the County Commission of Preston County, West Virginia, in Deed Book 427, at page 474. The Grantor herein further grants and conveys to the Grantee herein, his successors and assigns, a 10 foot wide right of way across an adjoining tract or parcel of real estate for ingress, egress and regress from the 1.030 acre parcel herein conveyed to "C" Road, also known as County Route 92134 and for utility lines, which right of way is more fully described as follows: BEGINNING at a point in the line of John P. McCrobie, Deed Book 410, at page 512, said point also being in the eastern right-of-way limits of West Virginia County Route 92/34, more commonly known as "C-Road", said point being N. 34 degrees 43' 40" E. 111.00 feet from a concrete monument (found) marking the original southwest corner of said John P. McCrobie tract, thence with said John P McCrobie and said eastern right-of-way limits to West Virginia County Route 92/34; N. 34 degrees 44' 20" E. 10.05 feet to a point, thence leaving aforesaid eastern right-of-way limits of West Virginia County Route 92/34 and through aforesaid John P. McCrobie; S. 49 degrees 28' 20" E. 113.24 feet to a point in the line of other lands of aforesaid John P. McCrobie, Deed Book 427, at page 47t, thence continuing with said John P. McCrobie; S. 41 degrees 31' 00" W. 10.00 feet to a point, said point being N. 41 degrees 31' 00" E. 120.79 feet from a V=" iron pin (found), thence leaving aforesaid other lands of John P. McCrobie and continuing through said John P. McCrobie; N. 49 degrees 28' 20" W. 112.06 feet to the point of beginning, containing 1126.5 square feet, more or less, as shown on a plat prepared by Kenneth L. Moran, Professional Surveyor #878SU, dated October 7, 2005, of record in said Clerk's Office in Deed Book 662, at page 856. The right of way may be used by the Grantor and the Grantee, their heirs, successors and assigns and shall be maintained by the parties in proportion with their use. The Grantor herein further grants and conveys to the Grantee herein, his successors and assigns, a 10 foot wide easement for a water line at its current location, which easement runs from West Virginia County Route No. 92/34 across the adjoining parcel of real estate to the 1.030 acre parcel herein conveyed, as shown on the above described plat. The Grantee herein, his successors and assigns shall have the right to enter upon said adjoining parcel for the repair and maintenance of said water line. The Grantee, his successors and assigns agree to revegetate, recontour, and re-establish grass and lawn in its original contour after any repairs are completed. There is excepted and reserved from the operation of this conveyance all of the coal, oil, gas and other minerals, together with the mining rights pertaining thereto that have been heretofore excepted, reserved or conveyed away by predecessors in title to the Grantors. This conveyance is further made subject to such easements and rights of way affecting said tract or parcel of land as may be of record in the aforesaid Clerk's Office and particularly the easements and rights of way referred to in Deed Book 295, at page 502. The real estate herein conveyed being all of the same that was conveyed to Nathan C. Schell by John P. McCrobie and Loretta McCrobie, husband and wife, by deed dated the 13th day of October, 2005, which deed is of record in the Office of the Clerk of the County Commission of Preston County, West Virginia, in Deed Book 662, at page 853. The above-described real estate is the same real estate that was conveyed by Nathan C. Schell to Tamera L. Sisler, Trustee by Deed of Trust dated October 21, 2005 and recorded in the Office of the Clerk of the County Commission of Preston County, West Virginia, in Trust Deed Book 411, at page 842. By Substitution of Trustee recorded in the Office of the Clerk of the County Commission of Preston County, West Virginia, in Trust Deed Book 497, at page 414, Michael L. Solomon was substituted as trustee in the above-referenced Deed of Trust. Said sale will be made subject to all restrictions, reservations, conditions and exceptions contained in prior deeds of record. Further, such sale is made on an "as is" basis with no warranties. This sale may be continued and adjourned form time to time. The terms of the sale are cash on date of sale. Given under my hand and seal this day of August, 2011. MICHAEL L. SOLOMON, Trustee 8/31,9/7,14 condition, $150; 304-777-3293. 10 cubic foot dump trailer for riding mower, works well, $45; 304- 777-3293. Dutailier living room glider chair, $65; 304-777-3293. Kerosene heater, like new, $50; 304-568-2702. 10+ boxes of yard sale items, $15; 304-568-2702. LEGAL NOTICE CREDITOR'S NOTICF TO THE CREDITORS AND BENEFICIARIES OF THE ESTATE OF PHILLIP T. SHAFFER: All persons having claims against the estate of Phillip T. Shaffer are hereby notified to exhibit same with vouchers thereof, legally verified, to the undersigned at his office at 216 West Main Street, Kingwood, West Virginia, on or before the 7th day of December, 2011, otherwise, they may be by law excluded from all benefits of said estate. All beneficiaries of said estate are notified to be present on said day to protect their interests. Given under my hand this 7th day of August, 2011. Nail A. Reed Fiduciary Commissioner 9/7,14 Craftsman 10" radial arm saw, complete with floor stand on casters, carbide blade, guard, and manual. Exc. cond. Cost new, $750 sacrifice, $199; 304-789-6710, or email, haitec@frontier.com. Computer, $200; 304-864-6520. 19 inch TV, $20; 304-864-6520. Two tiras, 215 R or 16-95T, P 245/170 R16, $30. LEGAL NOTICE CREDITOR'S NOTICE TO THE CREDITORS AND BENEFICIARIES OF THE ESTATE OF GLEN RAY SPAHR: All persons having claims against the estate of Glen Ray Spahr are hereby notified to exhibit same with vouchers thereof, legally verified to the undersigned at his office at 216 West Main Street, Kingwood, West Virginia, on or before the 14th day of December, 2011, otherwise, they may be by law excluded from all benefits of said estate. All beneficiaries of said estate are notifk:l to be present on said day to protect their interests. Given under my hand this 7th day of September, 2011. Nail A. Reed Fiduciary Commissioner 9/14, 21 LEGAL NOTICE NOTICE OF SUBSTITUTE TRUSTEE'S SALE Notice is hereby given that default having occurred in the payment of a certain indebtedness secured by a Deed of Trust dated June 1, 2007 between Barry D. Arnold and Nancy C. Arnold to Chesapeake Title & Escrow Services, Inc., Trustee(s), recorded in the Office of the Clerk of the County Commission of Preston County, West Virginia in Trust Deed Book No. 440 at page 735, in which deed of trust authorizes the beneficiary to remove, substitute, or add a Trustee, at its option, and the beneficiary having exercised its option and substituted Nathan H. Wasser, Nelson M. Michael and/or Stephen C. Sluss, each of whom may act separately, as its Trustee(s), to act in the enforcement of said Deed of Trust in person, and the undersigned Substitute Trustee(s) 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: TUESDAY, SEPTEMBER 20, 2011 at 11:00 A.M. IN FRONT OF THE PRESTON COUNTY COURTHOUSE, KINGWOOD, WEST VIRGINIA All that certain tract, piece or parcel of lands and premises being situate, lying along the eastern limits of West Virginia Route 53 (aka Aurora & Terra Alta Pike), on the waters of the South Branch of Snowy Creek, in Portland District of Preston County, West Virginia, which is more particularly described as follows: BEGINNING for the same at a " by 30" reinforcing rod with a yellow plastic cap stamped =SKIPPER WVPS 2027' set, hereinafter referred to as an IPS, said IPS stands on the eastern limits of West Virginia Route 53 (a 60' right of way) and in a fence of stacked rock and said iPS stands South 46 degrees 53 minutes 45 seconds East 240.28 feet from a fence corner found replacing a stone marked =S", said fence comer marks a common corner of lands of Leonard Bliss Snyder et ux (Deed Book 524, page 496), Delmar W. Sell, Jr. et ux (Deed Book 606, page 689), and Brownings, Inc. (Deed Book 523, page 934), thence four comers with said limits of Route 53 North 23 degrees 29 minutes 24 seconds East 276.04 feet to an IPS, 160.41 feet along a curve to the left, said curve having a radius of 6404.14 feet and a long chord of North 22 degrees 56 minutes 36 seconds East 160.41 feet to an IPS, North 22 degrees 23 minutes 47 seconds East 46.36 feet to an IPS, 30.92 feet along a curve to the left, said curve having a radius of 2988.14 feet and a long chord of North 22 degrees 06 minutes 00 seconds East 30.92 feet to an IPS on the southern limits of a 30 foot access and utility easement, thence five courses with said limits and through lands of.DonaldS.Moreland et,ux.(Deed Book 646, ,page 725) 67.17 feet along a curve to the left, said curve having a radius of 78.00 feet and a long chord of South 55 degrees 29 minutes 46 seconds East 65.11 feet to an IPS, 263.01 feet along a curve to the left, said curve having a radius of 317.65 feet and a long chord of South 76 degrees 06 minutes 56 seconds West 255.56 feet to an IPS, North 52 degrees 2 minutes 44 seconds East 28.01 feet to an IPS, 234.98 feet along a curve to the right, said curve having a radius of 235.00 feet and along chord of North 81 degrees 02 minutes 29 seconds East 225.31 feet to an IPS, South 70 degrees 18 minutes 46 seconds East 55.69 feet to an IPS, thence two course through said lands of Donald S. Moreland et ux, (Deed Book 646, page 725) South 47 degrees 29 minutes 08 seconds East 677.40 feet to an IPS, thence South 43 degrees 06 minutes 15 seconds West 941.32 feet to an IPS set on the division line of said lands of Donald S. Moreland at ux (Deed Book 646, page 725) and said lands of Snyder et ux (Deed Book 524, page 496), said IPS stands North 46 degrees 53 minutes 45 seconds West 395.02 feet from a fence comer found marking a comer of said lands of Snyder et ux (Deed Book 524, page 496) and lands of James Bryan Simarrowski et ux (Deed Book 610, page 813), thence with said lands of Moreland and Snyder North 46 degrees 53 minutes 45 seconds West 899.70 feet to the beginning, containing 20.000 acres more or less, as shown on a Plat of Partition Surveyed by Donald S. Moreland dated June 2004 attached hereto and made a part hereof. Along with a 30 foot access and utility easement which is more particularly described as follows: Beginning for the same at an IPS on the eastern limits of West Virginia Route 53 (a 60 foot right of way), said IPS marks the fifth corner of the aforementioned 20.000 acres more of less, thence with said limits 59.46 feet along a curve to the left, said curve having a radius of 2988.14 feet and a long chord of North 21 degrees 14 minutes 01 seconds East 59.46 feet to a point, thence leaving said limits and six courses through lands of Donald S. Moreland et ux (Deed Book 646, page 725) 82.89 feet along a curve to the left, said curve having a radius of 46.00 feet and a long chord of South 30 degrees 41 minutes 29 seconds East 72.97 feet, 238,17 feet along a curve to the left, said curve having a radius of 287.65 feet and a long chord of North 76 degrees 06 minutes 56 second East 231.42 feet, North 52 degrees 23 minutes 44 seconds East 28.01 feet, 264.98 feet along a curve to the right, said curve having a radius of 265.00 feet and a long chord of North 81 degrees 02 minutes 29 seconds East 254.08 feet, South 70 degrees 18 minutes 46 seconds East 24.56 feet, 47.48 feet along a curve to the right, said curve having a radius of 31.16 feet a long chord of South 26 degrees 22 minutes 30 seconds East 43.24 feet to an IPS marking the tenth corner of said 20.000 acres more or less, thence five courses with said 20.000 acres more or less North 70 degrees 18 minutes 46 seconds West 55.69 feet to an IPS, 234.98 feet along a curve to the left, said curve having a radius of 235.00 feet and a long chord of South 81 degrees 02 minutes 29 seconds West 225.31 feet to an IPS, South 52 degrees 23 minutes 44 seconds West 28.01 feet to an IPS, 263.01 feet along a curve to the right, said curve having a radius of 317.65 feet and a long chord South 76 degrees 06 minutes 56 seconds West 255.56 feet to a point, 67.17 feet along curve to the right, said curve having a radius of 78.00 feet and a long chord of North 55 degrees 29 minutes 46 seconds West 65.11 feet to the beginning, as shown on a Plat of Partition Surveyed for Donald S. Moreland dated June 2004 attached hereto and made a part hereof, **FOR INFORMATIONAL PURPOSES ONLY** THE improvements thereon being known as Amboy Pike Route 53, Terra AIta, WV 26764 TAX ID# 44-22.5 Account No. 09213193 THE ABOVE DESCRIBED PROPERTY WAS TAKEN IN FEE SIMPLE. Property is sold subject to prior trusts, encumbrances, restrictions and easements of records, if any. The property is sold subject to an accurate survey at purchaser's expense. TERMS OF SALE: A deposit of $26,900.00 by certified check or cashier's check at sale, the balance in cash or by certified check at closing. Conveyance will be without Warranty and subject to all easements, covenants, rights-of-way, conditions and restrictions of record. The property is sold in "as is" condition. Risk of loss or damage will be purchaser's from and after the foreclosure sale. All utility charges settlement fees, costs of conveyance including transfer or other taxes, examination of title and recording charges are at the expense of the purchaser. The purchaser will be required to complete settlement within 30 days of the date of sale with the right reserved to the Trustee to extend settlement date, failing which the deposit made will be forfeited. Trustee makes no representations regarding state of title. If Trustee cannot convey insurable or marketable title, purchaser's sole remedy is a return of deposit. Nathan H. Wasaer, Substitute Trustee 43 Greene Street Cumberland, MD 21562 (301) 759-2844 9/7,14