NOTICE OF
TRUSTEE’S SALE
NOTICE OF TRUSTEE’S SALE and Notice of the Beneficiary/Servicer’s election to sell property, is hereby given pursuant to and by virtue of the authority vested in the Trustee(s) by that certain Deed of Trust dated October 10, 1995, executed by Dominick Colantino to Charles Anderson and F. Robert Steele, Trustees, of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Book 621, at Page 157A. Hereford & Riccardi, PLLC was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated October 3, 2016, of record in the Clerk’s Office in Book 1156, at Page 393. The borrowers defaulted under the Note and Deed of Trust and the Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Trustee will sell the following described property to the highest bidder at the front door of the Courthouse of Marion County, in Fairmont, West Virginia, on:
THURSDAY, NOVEMBER 17, 2016, AT 2:00 O’CLOCK P.M.
All those certain lots or parcels of real estate, together with the improvements thereon and appurtenances thereunto, situate in the City of Fairmont, in the District of Fairmont, in the County of Marion, in the State of West Virginia, and more particularly bounded and described as follows:
Beginning at a stake in the edge of the Maryland and Ohio River Turnpike Road (now Pennsylvania Avenue), corner to FIRST property hereinabove described, thence along the edge of said road N. 34° E. 13 feet to a stake, corner to THIRD property hereinafter described, thence with a line of the same N. 57° 31’ W. 234.66 feet to a post, corner to a THIRD property hereinafter described; thence S. 47° W. 94.67’ to a post in the edge of the said County Road leading from said turnpike to Barrackville (now Hampton Road), thence with the line of FIRST parcel above described, S. 74 29’ E. 269.63 feet to the beginning, containing 44 4/5 square perches, more or less.
This is the same property conveyed unto Dominick Colantino by Deed dated November 5, 1993, of record in the Clerk’s Office in Book 1110, at Page 752.
TERMS OF SALE:
1)The property will be conveyed in an “AS IS” physical condition by Deed containing no warranty, express or implied, subject to the Internal Revenue Service right of redemption, all property taxes, prior Deeds, liens, reservations, encumbrances, restrictions, rights-of-ways, easements, covenants, conveyances and conditions of record in the Clerk’s office or affecting the subject property.
2)The Purchaser shall be responsible for the payment of the transfer taxes imposed by the West Virginia Code § 11-22-2.
3)The Beneficiary and/or the Servicer of the Deed of Trust and Note reserve the right to submit a bid for the property at sale.
4)The 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.
5)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.
6) The total purchase price is payable to the Trustee by cashier’s check, cash or the equivalent within thirty (30) days of the date of sale, with ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the Trustee at sale by cashier’s check, cash or the equivalent.
Given under my hand this 26th day of October, 2016. HEREFORD & RICCARDI,
PLLC-TRUSTEE By: Philip B.
Hereford, Member
West Virginia State Bar No. 1687
405 Capitol Street,
Suite 306
Charleston,
West Virginia 25301
Phone: (304) 346-1800
Times: November 9 and 16, 2016