TRUSTEES’ SALE OF VALUABLE REAL ESTATE
859 Windy Hill Rd f/k/a
547 Windy Hill Road,
Windsor Heights, WV 26075
In a Deed of Trust dated March 28, 2018, and duly recorded in the Office of the Clerk of the County Commission of Brooke County, West Virginia, in Deed of Trust Book 571, at Page 537, Jaycob Hayden Doty and Haley A Doty did convey unto STAZENSKI LAW FIRM, Trustee, certain real property. The beneficial holder of that Deed of Trust has elected to appoint Terra Abstract Trustee West Virginia, Inc. as substitute trustees by a Substitution of Trustee recorded in the aforesaid Clerk’s Office. Default having occurred under the Deed of Trust and the beneficial holder having instructed the undersigned Trustees to foreclose, this real property will be sold at public auction at the front door of the Brooke County Courthouse, 632 Main Street, Wellsburg, West Virginia 26070 on:
January 11, 2023
At 12:00 PM
The property for sale as described by the Deed of Trust is as follows:
THAT CERTAIN PARCEL OF LAND SITUATE IN THE VILLAGE OF WINDSOR HEIGHTS, BUFFALO DISTRICT, BROOKE COUNTY, WEST VIRGINIA, MORE PARTICULARLY DESCRIBED AS FOLLOW, TO-WIT:
BEGINNING AT A POINT IN THE WESTERN LINE OF STATE ROAD, SAID POINT BEING SOUTH 23 DEGREES 21` WEST A DISTANCE OF 201.63 FEET FROM THE SOUTHERNMOST CORNER OF CATHOLIC CHURCH ROAD, SAID LOT IS SHOWN ON THE PLAT OF WINDSOR HEIGHTS, WHICH PLAT IS RECORDED IN THE OFFICE OF THE CLERK OF THE COUNTY COURT OF BROOKE COUNTY, WEST VIRGINIA, IN PLAT BOOK NO. 1, PAGE 35; THENCE NORTH 75 DEGREES 55` WEST A DISTANCE OF 138.88 FEET TO A POINT IN THE EAST LINE OF LOT NO. 541, SAID LOT IS SHOWN ON THE AFORESAID RECORDED PLAT OF WINDSOR HEIGHTS, THENCE ALONG THE EASTERN LINE OF LOT NO. 541 NORTH 6 DEGREES 06` EAST A DISTANCE OF 60.00 FEET TO A POINT; THENCE SOUTH 76 DEGREES 47` EAST A DISTANCE OF 157.41 FEET TO A POINT IN THE WESTERN LINE OF THE AFORESAID STATE ROAD; THENCE ALONG THE WESTERN LINE OF SAID STATE ROAD, SOUTH 23 DEGREES 31` WEST A DISTANCE OF 62.88 FEET TO THE POINT AT THE PLACE OF BEGINNING, CONTAINING 0.207 ACRE.
TOGETHER WITH ALL THE RIGHT, TITLE, AND INTEREST OF THE PARTY OF THE FIRST PART IN AND TO THE SEWER SYSTEM CONSISTING OF A SEWER PIPE LINE AND SEWAGE TANKS, NOW IN USE AND SERVING THE LAND
HEREIN DESCRIBED, IN COMMON WITH THE OWNERS, THEIR HEIRS AND ASSIGNS, OF THE OTHER LOTS USING SAID SEWER SYSTEM, INCLUDING EASEMENTS, IN COMMON AS AFORESAID, TO OPERATE, USE, MAINTAIN, REPAIR, REPLACE, REBUILD AND REMOVE SAID SEWER PIPE LINE, UNDER OVER AND ACROSS THE LAND TRAVERSED BY SAID SEWER PIPE LINE, AND TO OPERATE USE MAINTAIN REPAIR REPLACE REBUILD AND REMOVE SAID SEWER DISPOSAL TANKS AND THE RIGHT OF OVERFLOW THERE-FROM, UPON THE LAND ON WHICH THEY ARE NOW LOCATED, SAID EASEMENTS TO CEASE, TERMINATE AND END UPON THE CESSATION OF USE OF SAID SEWER SYSTEM, INCLUDING THE SEWER PIPE LINE AND SEWAGE DISPOSAL TANKS.
The purchaser will take the property subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real property.
The purchaser will be responsible for paying any transfer stamp, excise taxes, and recording costs associated with recording the Trustee’s Deed into their name.
The purchaser will be responsible for paying any unpaid property taxes owed to the Sheriff of Brooke County prior to or following the sale directly to the Sheriff.
The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance having priority over the deed of trust referred to herein.
The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance that is junior (“junior claims”) to this Deed of Trust and to which sufficient notice was not given. In that case, unless such right to notice is waived, the chain of title shall not merge with this Deed of Trust as to those unnoticed deeds of trust, judgments, liens, and other encumbrances and will be subject to a further noticed and published sale under this Deed of Trust pursuant to W.Va. Code 38-1-4, in which bidding shall resume at the last highest bid given. In the event of a surplus of such sale, the mortgagors and noticed junior lienholders are hereby on notice that if such surplus is less than Two Thousand Five Hundred Dollars ($2,500.00), then the Substitute Trustee will disburse those proceeds to the most senior interest holder as it sees fit, unless an objection is made in writing.
The Trustees do not guarantee or represent that the boundaries described above are accurate, are not encroached upon, or that any particular structure located on the property is contained within the described boundaries. The property is therefore sold subject to an accurate survey at purchaser’s expense.
The Trustees reserve the right to adjourn the sale, for a time, or from time to time, by announcement at the time and place of sale described above or any adjournment thereof. Such adjournment will be noticed by posting a notice at the front door of the county courthouse or where such notices are traditionally posted at the county courthouse. Such notice will include the date and time when such sale will reconvene.
The Trustees reserve the right to reject any and all bids for any reason.
The Trustees make no representations as to the condition of the property. The property will be sold in “AS IS” condition.
The Trustees make no representations as to whether the property is occupied. The purchaser is responsible for gaining access and possession of the property. Trustees shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
The purchaser may assign its rights prior to the delivery of the trustee’s deed by a signed request in writing to the trustee; the assignee of the purchaser shall be bound by all terms and conditions applicable to the purchaser.
The Trustees will deliver a trustees’ deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code section 38-1-6. The Trustees make no representations and warranties about the title of the real estate to be conveyed. If the Trustees are unable to convey insurable or marketable title to purchaser for any reason, purchaser’s sole remedy is return of deposit.
TERMS OF SALE: Purchaser must bring $6,000.00 cash in hand at the time of sale as a deposit in the form of a certified check or cashier’s check made payable to “Stern & Eisenberg, PC, counsel for Terra Abstract Trustee West Virginia, Inc.” Those appearing without their deposit will not be allowed to bid. The balance of the successful purchaser’s bid must be proffered in cash within 30 days of the date of the sale. Purchaser shall pay for transfer stamps and recording fees. Additional terms of sale may be announced prior to the sale.
Terra Abstract Trustee West Virginia, Inc.
9920 Franklin Square Drive, Suite 100
Baltimore, MD 21236
(410) 635-5127,
(443) 815-3931
www.sterneisenberg.com
Int. Nov 11, 18, 2022