NOTICE OF TRUSTEE’S SALE
NOTICE OF TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Trustee, Richard A. Pill or David D. Pill, either of whom may act, by that certain Deed of Trust dated September 28, 2007, executed by Borrower(s), David E Mundey III and Elizabeth A Mundey, to Richard A. Pill or David D. Pill, either of whom may act, the Trustee of record in the office of the Clerk of the County Commission of Morgan County, West Virginia, in Book 317, at Page 490. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 174 Marvin Fox Lane, Berkeley Springs, WV 25411. The borrower(s) 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 Morgan County, in Berkeley Springs, West Virginia, on the following date:
July 16, 2024 at 1:00 p.m.
Situate in Allen District, Morgan County, West Virginia, more particularly described as follows: BEGINNING at (34), a 1” iron pipe set at the southwest corner to the 4.665 acre (4 5/8 acre by deed) tract owned by Teressa Lillian Fox (D.B. 46, p. 302) and in a line of Catherine O. Broderick (D.B. 94, p. 492); thence, with the latter, N 76° 36` 44” W 1462.20` to (35), a 1” iron pipe set in a line of Jack Butts (D.B. 90, p. 312); thence, with same, N 30° 40` 40” E 254.00` to (36), a 1” iron pipe set at the southwest corner to the Lillian Lorraine Henderson 5.233 acre tract; thence, with same, S 76° 24 47” E 1435.84 to (55), a 1” iron pipe set in a line of the aforementioned Teressa Lillian Fox tract; thence, with same, S 25° 04` 19” W 242.57 to (34), the place of beginning, containing 7.991 acres, more or less, as shown on the plat by G.V. Hafer, dated July 19, 1982, which is record among the land records of Morgan County, West Virginia, in Map Book NO. 5, at page 104.” EXCEPTING AIND RESERVING from the above described real estate that 3.00 acre out conveyance from Marvin L. Fox and Iris J. Fox, husband and wife, unto Marcia Coffman, et al., by deed dated May 17, 1991, of record in said Clerk`s office in Deed Book No. 179, at page 92. TOGETHER WITH a non-exclusive, thirty (30) foot wide right-of-way for access running from Pious Ridge Road as shown on the above referenced Plat of the Division of the land of Teressa Lillian Fox, of record in the said Clerk`s office in Map Book No. 5, at page 104, and a non-exclusive, thirty (30) foot wide right-of-way for access lying north of and adjacent to the south or N. 76° 12` 33” W. line of the above referenced 3.00 acre out conveyance as shown on Berkeley Land Surveys Plat No. 87095, of record in the aforesaid Morgan County Clerk`s office in Deed Book No. 177, at page 717. BEING the same real estate granted and conveyed unto David E. Mundey and Elizabeth A, Mundey, by Iris J. Fox, by deed dated the 6th day of August, 2001, filed of record in the Office of the Clerk of the County Commission of Morgan County, West Virginia, in Deed Book No. 196, at Page 42.
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%) of the total purchase price payable to the Trustee at sale.
Richard A. Pill, Trustee
David D. Pill, Trustee
85 Aikens Center
Edwin Miller Boulevard
PO BOX 440
Martinsburg, WV 25404
(304) 263-4971
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