Russell – Notice of Trustee’s

NOTICE OF TRUSTEE’S SALE
NOTICE OF TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, Pill & Pill, PLLC, by that certain Deed of Trust dated June 17, 2011, executed by the Borrowers, Mark K. Russell and Mary C. Russell, to George M. Schoen, the Trustee, of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Book 1006, at Page 389. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 12 Bonasso Dr., Fairmont, WV 26554. Pill & Pill, PLLC was appointed as Substitute Trustee by an APPOINTMENT OF SUCCESSOR TRUSTEE dated October 24, 2016, of record in the Clerk’s Office in Book 1158, at Page 690. The Borrowers defaulted under the Note and Deed of Trust and the Substitute Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute 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 the following date:
January 18, 2017 at 4:02 p.m.
The property is described as of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in Fairmont City District, Marion County, West Virginia, and being more particularly described as follows:
All those certain tracts or parcels of real estate located in Section 4, Greenbrier Acres, as revised, in the City of Fairmont, Fairmont District, Marion County, West Virginia, described as follows:
PARCEL NUMBER ONE (1): Beginning at a stake located in the northerly line of Bonasso Drive and common corner of Lots Nos. 39 and 40 of said Section 4, Greenbrier Acres, and running thence with the dividing line of said Lots Nos. 39 and 40, N. 26° 53′ 44″ W. 144.95 feet to a stake also common corner of said Lots Nos. 39 and 40; thence S. 48° 05′ W. 12 feet to a stake; thence in a southerly direction to the place of beginning and being a triangular shape parcel out of Lot No. 39 of said Section 4, Greenbrier Acres.
PARCEL NUMBER TWO (2): Beginning at a stake located in the northerly line of a 40 foot street and common corner of Lots Nos. 39 and 40 of Greenbrier Acres Addition to the City of Fairmont, and running thence with the dividing line of said Lots Nos. 39 and 40, N. 26° 53′ 44″ W. 144.95 feet to a stake common corner of Lots Nos. 39 and 40; thence N. 48° 05′ E. 68 feet to a stake common corner of Lots Nos. 40 and 41 of said Addition; thence with the dividing line of said Lots Nos. 40 and 41, S. 41° 55′ E. 140 feet to a stake common corner of said Lots No. 40 and 41 and located in the northerly line of said 40 foot street; thence with said line of said street, S. 48° 05′ W. 105.57 feet to the place of beginning and being all of Lot Number Forty (40) in said Addition as revised and shown on a map made by Fairmont Engineering, Inc., and dated September 12, 1973, reference to which is made for all pertinent purposes.
There is excepted and reserved from the operation of this deed all of the Pittsburgh or nine foot vein of coal and all of the Sewickley or Mapletown vein of coal underlying said real estate, together with the usual and necessary mining rights and privileges thereunto belonging.
The physical address of said real estate is 12 Bonasso Drive, Fairmont, West Virginia.
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 § 11-22-1.
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 within thirty (30) days of the date of sale, with ten (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the Trustee at sale.
Pill & Pill, PLLC, Substitute Trustee
BY:
Richard A. Pill, Member
Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
foreclosures
@pillwvlaw.com
Times: December 30, 2016, January 6, 13, 2017