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 April 1, 2021, executed by Borrower, Malachi Butts, to Conrad Legal Corporation, Sarah McAllister, the Trustee, of record in the office of the Clerk of the County Commission of Morgan County, West Virginia, in Book 466, at Page 353. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 304 Harrison Avenue, Berkeley Springs, WV 25411. Pill & Pill, PLLC was appointed as Substitute Trustee by an APPOINTMENT OF SUCCESSOR TRUSTEE dated November 28, 2023, of record in the Clerk’s Office in Book 504, at Page 174. The Borrower 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 Morgan County, in Berkeley Springs, West Virginia, on the following date:
January 24, 2024 at 1:32 p.m.
ALL THAT CERTAIN lot or parcel of real estate, with the improvements thereon and the appurtenances thereunto belonging, situate in Bath District, Morgan County, West Virginia, being more particularly bounded and described as follows:
“BEGINNING at a stake 10 rods North of the N.E. corner of Goff and Harrison Streets in “Crosfield`s Addition to the Town of Bath” or Berkeley Springs, and running thence North along the eastern line of said Harrison Street 5 rods to a stake; thence East 8 rods to a stake corner to A. S. Yost, now George W. Allen`s Lot; thence South in a line of said Yost now Allen Lot 5 Rods to a stake corner of said Yost or Allen Lot and also corner to William Crosfield thence West 8 poles to the beginning.”
AND BEING the same real estate conveyed to Grantor(s) by Deed dated 1st day of April, 2021 from James A. Kell and Lynette F. Kell and recorded in the County Clerk`s office of Morgan County, West Virginia, in Deed Book 280, at Page 414
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.
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