NOTICE OF
SUCCESSOR
TRUSTEE’S SALE
NOTICE OF SUCCESSOR TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Successor Trustee by that certain Deed of Trust dated August 9, 1996, executed by Brett Edwards and Linda Edwards to John E. Gompers to secure Cityscape Corp. of record in the office of the Clerk of the County Commission of Ohio County, West Virginia, in Book 1017, at Page 475. The aforesaid Deed of Trust was assigned to AMC Financial Holdings, Inc. as recorded in Book 22, Page 299. The aforesaid Deed of Trust was assigned to Tok-Resi, LLC, and recorded in Book 23, Page 343. Thomas J. Decapio was appointed as Successor Trustee by Appointment of Successor Trustee dated December 16, 2022, of record in the Clerk’s Office in Book 1668, at Page 152. The borrowers defaulted under the Note and Deed of Trust and the Successor Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Successor Trustee will sell the following described real estate along with any Improvements erected thereon used or useful in the operation of the Mortgaged Premises, whether or not attached to the real estate, and all additions to and substitutions and replacements of any of the above-described types and items of property, and any proceeds of any thereof, and with respect to the Mortgaged Premises to the highest bidder at the front door of the Courthouse of Ohio County, in Wheeling, West Virginia, on:
February 24, 2023 at
1:00 p.m.
The following described parcel of real estate situate in the City of Wheeling, Ohio County, West Virginia, and being more particularly described as follows:
The North one-half of Lot No. 10, situated in Square Numbered Two (2) and fronting on Lind Street in that part of the City of Wheeling commonly called Churchills Addition to the City of Wheeling Numbered Two (2).
Property Address:
1315 Lane H,
Wheeling, West Virginia, 26003
Being the same property conveyed to Brett M. Edwards and Linda L. Edwards by deed of James E. Peyton dated November 9, 1995, and recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed Book 689, Page 484.
Address: 1315 Lane H. Wheeling, West Virginia, 26003
Tax Map or Parcel ID No.: Map W51 / Parcel 0891
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 to redemption, all property taxes, prior Deeds, liens, reservations, encumbrances, restrictions, right-of-ways, easements, covenants, conveyances and condition 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 section 11-22-2.
3) The Purchaser shall be responsible for the payment of all unpaid real estate taxes associated with the property.
4) 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.
5) 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.
6) 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.
7) The total purchase price is payable to the Trustee by cashier’s check, cash or equivalent within thirty (30) days of the date of sale, with five percent (5%) of the total purchase price payable to the trustee at sale by cashier’s check, cash or equivalent.
8) In the event that there are Federal Tax Liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer.
Given under my hand this 7th day of February, 2023.
By: /s/ Thomas J. Decapio
Thomas J. Decapio, Esq.
Successor Trustee
Frankovitch, Anetakis, Simon, Decapio & Pearl, LLP
529 Carolina Avenue, Chester, WV 26034
Phone: 304-387-4400
Int. Feb 10, 17, 2023