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 July 10, 2014, executed by the Borrower, Tom E Bogan, to The Moore Law Firm, PLLC, the Trustee, of record in the Office of the Clerk of the County Commission of Pendleton County, West Virginia, in Book 145, at Page 416. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 19 Sandy Ridge Rd., Sugar Grove, WV 26815. Pill & Pill, PLLC was appointed as Substitute Trustee by an APPOINTMENT OF SUCCESSOR TRUSTEE dated June 10, 2024, of record in the Clerk’s Office in Book 178, at Page 217. 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 Pendleton County, in Franklin, West Virginia, on the following date:
September 23, 2024,
at 12:30 p.m.
The following described tracts or parcels of real estate, together with buildings and improvements thereon located, lying and being situate in Franklin District, Pendleton County, West Virginia, and being more particularly described by its metes and bounds as follows:
TRACT NO. 1: BEGINNING at an iron stake at the North East edge of the Sandy Ridge road, thence S 89 E 118.5 feet meandering said road to a point in the center of the same, thence up over a ridge S 26 ½ W 367.6 feet to a white oak (witnessed by a hemlock tree) Milton Propst corner, thence N 89 W. 118.5 feet to a point at an iron stake in the old road, Bruce Rexrode and Milton Propst corner thence with Rexrode and Propst line N 26 ½ E 367.6 feet to the beginning, containing 1 acre, more or less.
TRACT NO. 2: BEGINNING at a white oak stump east of the cabin on the land of the parties of the Wayne R. Boggs and Curtis J. Boggs and with their line S 24 W 6 3/5 poles to a hemlock; thence with the same N 66 W 6 3/5 poles to an iron stake on the east edge of the old Sandy Ridge road witnessed by a large hickory tree, a corner of Milton Propst and Bruce Rexrode, thence with Bruce Rexrode`s line N 30 E 4 poles with the old road to an iron stake on the east edge of the road; thence with Milton Propst`s line S 89 E 6 3/5 poles to the beginning, containing one-fifth (1/5) acre, more or less.
These are the same tracts of real estate conveyed by Warren G. Heidt and Elizabeth A. Heidt to Tom E. Bogan aka Tom E. Bogan Sr. by Deed dated July 10, 2014 and of record in the Office of the Clerk of the County Commission of Pendleton County, West Virginia, in Deed Book 195, Page 322.
The Grantor further grants and conveys unto the Grantee, and his assigns, all rights of way and easements appertaining to the aforesaid 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 at 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
foreclosures@pillwv
law.com
8-15-2p; 9-12-2p