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 July 7, 2006, executed by John Patrick Naylor and Eva Marie Naylor to Drew Patton, Trustee, of record in the office of the Clerk of the County Commission of Clay County, West Virginia, in Book 114, at Page 1070. Hereford & Riccardi, PLLC was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated May 7, 2015, of record in the Clerk’s Office in Book 33, at Page 133. 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 Clay County, in Clay, West Virginia, on:
WEDNESDAY, JULY 8, 2015, AT 9:00 A.M.
The SURFACE ONLY of all that certain tract of land, together with the improvements thereon, and the appurtenances thereunto belonging, situate on the north side of Elk River, in Henry District, Clay County, West Virginia, bounded and described as follows:
BEGINNING at a 15-inch sycamore with 3 hacks at the edge of the Elk River,
referenced N 84° 40’ E 8.49 feet from a 14-inch sycamore and S 53° 11’ W 8.37 feet
from a 10-inch sycamore; thence N 12° 22’ W 100.45 feet to a power pole at the edge
of State Route 4, passing a 30-inch roof bolt on line at 26.14 feet and a 1/2-inch pipe on
line at 97.58 feet; thence with said State Route 4, N 62° 02’ E 80.00 feet to a 30-inch
roof bolt referenced N 22° 21’ E 18.62 feet from a water well; thence leaving said State
Route 4 with a line of Opal Eliza Ramsey S 21° 26’ E 98.00 feet to a 24-inch poplar at
the edge of the Elk River, passing a 1-inch pipe at 66.95 feet; thence S 62° 02’ W 96.04
feet to the point of beginning, containing 0.20 acres, more or less, as shown on a plat
of a survey done by J.L. Young, Licensed Land Surveyor, which plat is dated September
1984.
This is the same property conveyed unto John P. Naylor and Eva M. Naylor by Deed
dated February 9, 1989, of record in the Clerk’s Office in Book 148, at Page 551.
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 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 18th day of June, 2015.
HEREFORD & RICCARDI, PLLC-TRUSTEE
By: ____________________________
Philip B. Hereford, Member
405 Capitol Street, Suite 306
Charleston, West Virginia 25301
Phone: (304) 346-1800
Sponsored by ZMM Architects and Engineers