Wood

NOTICE OF TRUSTEEáS SALE

 

NOTICE OF TRUSTEEáS 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 July 17, 2014, executed by Dale R. Cunningham to R. Vance Golden, III, Trustee, of record in the Office of the Clerk of the County Commission of Wood County, West Virginia, in Book 1828, at Page 303, which Deed of Trust was assigned by Mortgage Electronic Registration Systems, Inc. to The Huntington National Bank by ASSIGNMENT dated January 27, 2017, of record in the Clerk’s Office in Book 1956, at Page 914.   Hereford & Riccardi, PLLC was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated February 1, 2017, of record in the Clerk’s Office in Book 1957, at Page 424, corrected and re-recorded in Book 1958, at Page 544.  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 Wood County, in Parkersburg, West Virginia, on:

 

THURSDAY, MARCH 30, 2017, AT 9:15 O’CLOCK A.M.

 

All those certain lots or parcels of land, together with the improvements thereon  and appurtenances thereunto belonging, situate in Parkersburg District, Wood County, West Virginia, and more particularly described as follows:

 

FIRST TRACT: Being all of Lot No. 119, as shown on a plat of Shattuck Heights addition to the City of Parkersburg, of record in the Office of the Clerk of the County Commission of Wood County, West Virginia, in Plat Book No. 3, at page 13.

 

SECOND TRACT: Beginning at point in the southerly line of Briscoe Road, said point been the common line between Lots Nos. 118 and 119 of the Addition hereinafter named; thence with the common line between Lots Nos. 118 and 119, 99.3 feet to a point; thence with the southerly line of Lot No. 118 in a westerly direction, 35 feet to a point; thence in a northeasterly direction, 105 feet, more or less, to a point in the southerly line of Briscoe Road, said point being 10 feet easterly from the common lines of Lots Nos. 117 and 118; thence with the southerly line of Briscoe Road, in an easterly direction 40 feet to the point of beginning, and being part of Lot No. 118 of Shattuck Heights Addition to the City of Parkersburg, of record in the aforesaid Clerk’s Office in Plat Book No. 3, at Page 13.

 

THIRD TRACT:  Beginning at a P.K. nail set in the Southerly line of Briscoe Road, said point lying at the common corner to Willa Lea Grimm and Crystal Lea Wicks of record in Deed Book 1099, at Page 154 and Don E. and Karen C. Cunningham of record in Deed Book 1127, at Page 96, said point lying North 77 degrees 20 minutes 51 seconds West 90 feet from an iron pipe found lying at the Northeasterly corner of said Grimm and Wicks, said point also lying South 77 degrees 20 minutes 51 seconds East 10 feet from the common corner of lot number 117 and 118 of Shattuck Heights Addition, Block 3 of record in Plat Book 3 at Page 13.

 

THENCE with said Grimm, Wicks and Cunningham South 09 degrees 21 minutes 59 seconds West for a distance of 105.43 feet to an iron rod set in the Southerly line of above mentioned lot number 118.

 

THENCE with the Southerly line of said lot 118 North 84 degrees 32 minutes 49 seconds West for a distance of 4.00 feet to an iron rod set.

 

THENCE leaving said line North 09 degrees 21 minutes 59 seconds East for a distance of 105.91 feet to a P.K. nail set in the Southerly line of Briscoe Road.

 

THENCE with said Briscoe Road South 77 degrees 35 minutes 22 seconds East for a distance of 4.00 feet to the point of beginning and containing 422 square feet (0.01 acre) and being part of the Westerly 10 foot portion of above mentioned lot number 118 as conveyed to Don E. and Karen C. Cunningham of record in Deed Book 1127 at Page 96. A copy of the survey prepared by Matthew B. Harper is attached hereto and incorporated herein as an Exhibit.

 

This conveyance is made subject to all exceptions, reservations, covenants, conditions, rights of way, or other easements and other interest of other parties appearing in prior instruments of record.

 

This is the same property conveyed unto Dale R. Cunningham by deed dated July 16, 2014, of record in Clerk’s Office in Book 1217, at Page 305.

 

TERMS OF SALE:

1) The property will be conveyed in an âAS ISã 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 Clerkás 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 Π11-22-2.

3) The Beneficiary and/or the Services 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 the 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 6th day of March, 2017.

 

HEREFORD & RICCARDI, PLLC-TRUSTEE

 

By: Philip B. Hereford, Member

Hereford & Riccardi, PLLC

405 Capitol Street, Suite 306

Charleston, West Virginia 25301

Phone: (304) 346-1800

WV State Bar No. 1687

 

 

Mar 22, 29