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 December 15, 2011, executed by Borrower, Charles A. Tackett, to Jennifer L. Morgan, PLLC, the Trustee, of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Book 491, at Page 463. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 84 Lincare Lane, Mill Creek, WV 26280. Pill & Pill, PLLC was appointed as Substitute Trustee by an APPOINTMENT OF SUBSTITUTE TRUSTEE dated January 23, 2024, of record in the Clerk’s Office in Book 636, at Page 226. 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 Randolph County, in Elkins, West Virginia, on the following date:
July 11, 2024, at 9:45 a.m.
All that certain tract or parcel of run estate situate in the Town of Mill Creek, Mill Creek Corporation District, Randolph County, West Virginia, being more particularly bounded and described as follows:
Beginning at a point in line of Lot No. 7 of Block 5, a corner in line of David W. Tackett (Deed Book 443 at page 206) and a corner to Lot No. 8A of this division survey, set a 3/4 inch by 42 inch rebar with a 2-3/4 inch diameter orange plastic cap, from which a 4 inch square fence post, found, a corner to the parent Armstrong lot bears S 13 51` W, 70.00 feet, thence with said Tackett. N 13 51` E, 70.00 feet to a point on the southern boundary of an Alley (Width approximately 18 feet wide by field evidence, no subdivision plat of record found), a corner to said Tackett, set a 3/4 inch by 42 inch rebar with a 2-3/4 inch diameter orange plastic cap, thence with the southern boundary of said Alley, S 76 08` E, 50.00 feet to a point at the intersection of said Alley and First Street, Former Center Street (Width equals 50 feet), set a 3/4 inch by 42 inch rebar with a 2-3/4 inch diameter orange plastic cap, from which an electric power pole no. A1-705 bears S 74 02` E, 10.60 feet and a catch basin bears S 69 35` E, 17.95 feet, thence with the western boundary of said First Street S 13 51` W, 70.00 feet to a point on the western boundary of said First Street, a corner to Lot No. 8A of this division survey, part of Herman Armstrong Deed Book 498 at page 410, set a 3/4 inch by 42 inch rebar with a 2-3/4 inch diameter orange plastic cap, thence through the said parent Deed Book 498 at page 410 with Lot No. 8A, N 76 08` W. 50.00 feet to the beginning, containing 3,500 square feet or 0.08 acre, as surveyed in November 2006 by Leon G. Mallow of Leon G. Mallow Surveying, Inc., Route 1 Box 117, Montrose, WV.
And being the same real estate designated as Tract Two conveyed unto Charles Tackett by Herman D. Armstrong and Vickie S. Armstrong by deed dated the 15th day of December 2011 and recorded in the Office of the Clerk of the County Commission of Randolph County, West Virginia in Deed Book 550, at Page 64.
This conveyance is expressly made subject to all prior reservations, restrictions, exceptions, easements, rights of way, covenants, conditions and limitations that may be found in instruments of record in the chain of title to said real estate.
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 oat sale.
Pill & Pill, PLLC, Substitute Trustee
BY:
Jonathan L. Wertman, Esq.
Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
[email protected]