NOTICE OF SUBSTITUTE TRUSTEE’S SALE
The undersigned Substitute Trustee, by virtue of the authority vested in him by that certain Deed of Trust, dated January 25, 2019, and duly recorded in the Office of the Clerk of the County of Commission of Calhoun County, West Virginia, in Trust Deed Book 177, Page 657 and subsequent Substitution of Trustee recorded in Substitution of Trustee Book 191, Page 455, wherein Dustin F. Holcomb did convey unto Martha Haymaker and Tony Morgan, Trustees, certain real and personal property as described in said Deed of Trust, to secure such lien. Said Trustees have elected to appoint Joel Baker of Joel Baker Law, PLLC, as Substitute Trustee and, default having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by CALHOUN BANKS to foreclose thereunder, will offer for sale at the front door of the Calhoun County Courthouse in Grantsville, West Virginia, on:
APRIL 16, 2025 AT 10:00AM
the following described real estate, together with its improvements, easements, and appurtenances thereunto belonging, situate in Washington District, Calhoun County West Virginia, and more particularly described as follows:
FIRST PARCEL: Beginning at a point in the center of the Secondary Route 15/2, a corner to Ralph Brown and Phillippa Jane Awcock; thence leaving the road with Brown, N 73 W, passing an iron rod found at 16.90 feet, in all, a total distance of 725.68 feet to a 5/8-inch iron rod set, being S 73 E, 627.69 feet from an iron rod found; thence with new division lines through parent tract, N 69-52 E, 5/8-ince rod set at 550.96 feet, in all, a total distance of 566.90 feet to a point in the center of Secondary Route 15/2; thence with the road, S 27-51 E, 38.63 feet to a point; thence S 27-20 E, 82.18 feet to a point; thence S 27-37 E, 87.01 feet to a point; thence S 23-45 E, 48.93 feet to a point; thence S 17-09 E, 35.96 feet to the place of beginning, containing 2.99 acres, more or less.
SECOND PARCEL: Beginning at a point in the center of West Virginia Secondary Route 15/2 and being a corner to the Daniel McCoy 2.99 acre tract; thence with said McCoy for one line, S 69-52 W, passing a 5/8-inch diameter rebar found at 14.72 feet and being 566.90 feet, in all, to a 5/8-inch diameter rebar found being a corner to Ralph Brown; thence with said Brown for one line; N 73-00 W, 426.60 feet to a 5/8-inch diameter rebar set; thence through the property of Shirley Conley for one new line. N 70-02 E, passing a 5/8-inch diameter rebar set at 900.09 feet and being 912.90 feet, in all, to a point in the center of West Virginia Secondary Route 15/2; thence with the center of West Virginia Secondary Route 15/2 and meanders thereof for four lines, S 05-12 E, 33.75 feet to a point; thence S 15-05 E, 55.95 feet to a point; thence S 20-41 E, 111.27 feet to a point; thence S 27-03 Em 55.69 feel to the place of beginning, containing 4.30 acres, more or less.
It is expressly understood that this conveyance is made subject to any and all rights of way, exceptions, and reservations which were granted, excepted, or reserved by any predecessors in title.
BEING the same real estate conveyed unto Dustin F. Holcomb by Cody D. McCoy and Sharon McCoy via Deed dated January 25, 2019, and recorded in the aforesaid Clerk’s office in Deed Book 274, Page 446.
And the following described personal property used to secure said Deed of Trust:
SINGLE WIDE MOBILE HOME
2005 CLAZ-FH
CWP014619TN
Title Issued: 02/14/2019
At the time of execution of said Deed of Trust, the above listed real and personal properties reported to have an address of 556 Little White Oak, Chloe, WV 25235.
Parcel ID: 06-17-0056.0005 and 06-17-0056.0006
TERMS: FOUR THOUSAND 00/100 ($4,000.00) in cash and/or certified funds made payable to Joel Baker Law, PLLC, to be deposited at the time of the sale, with the remaining balance due and payable within thirty (30) days of the sale. Certified funds must be presented to the Trustee for inspection at start if sale in order to be qualified to bid.
The referenced properties will be conveyed without covenants of warranty, and subject to all covenants, restrictions, easements, rights of way, and reservations which may be a matter of record in the aforesaid Clerk’s Office or visible upon the ground, all prior liens and encumbrances, including, without limitation, liens for real estate taxes, incinerator, sanitary, or sewer charges.
The purchasers at the sale shall be responsible for paying the recording costs and the tax on the privilege of transferring real property (the cost of the tax stamp to be affixed to the deed), and the cost of transferring title of the Mobile Home into the name of the purchaser. The purchases shall be responsible for payment of all real estate and personal property taxes assessed thereon.
The subject properties shall be sold in “AS IS” condition. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
FEDERAL TAX LIENS: In the event that there are Federal Tax Liens against the property, the United States would 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, which is longer.
Pursuant to the Deed of Trust, the Lender shall be entitled to bid at any public sale on all or any portion of the aforesaid Property.
JOEL BAKER, ESQ.,
JOEL BAKER LAW, PLLC
149 Main Street,
Spencer WV, 25276
Phone: (304)-500-9238
Thank you Commissioners for helping the community with the water crisis. Thank you Commissioners for enacting a burn ban during the drought. Why does one merit an emergency meeting and one merits no meeting whatsoever? Who and how was it decided to ban burning? If it wasn’t done in a properly noticed meeting, even an emergency meeting, then it was a violation of the open government law. In the minimal notice posted to the County Commission facebook page and shared numerous times, including on this site, there was a WV Code referenced. The referenced code was an enabling statute that allows county commissions to enact ordinances or enter orders to deal with public nuisances, in this case fires. The referenced code did not authorize or approve a violation of the open government code nor did it override the open government code. Enacting an ordinance to ban burning could have and should have been the topic of an emergency meeting, not decided outside the view of the public. Even if the reason for an act is beyond reproach, the act itself is tainted by the violation. The burn ban fails if challenged because the enactment of the ordinance was done outside the public eye in violation of the open government act. It’s an easy fix, add it to the agenda or have another emergency meeting. Thank you Commissioners for the thought but the implementation was flawed. Your legal advisor, the County Prosecutor should have caught this. Then again…