NOTICE OF TRUSTEE’S SALE
NOTICE OF TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Trustee, Richard A. Pill, by that certain Deed of Trust dated July 18, 2012, executed by the Borrower, Anthony D. Bozik, to Richard A. Pill, the Trustee, of record in the Office of the Clerk of the County Commission of Morgan County, West Virginia, in Book 373, at Page 107. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 509 Creekview Ln., Berkeley Springs, WV 25411. The Borrower defaulted under the Note and Deed of Trust and the Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Trustee will sell the following described property, together with the improvements thereon and the appurtenances thereunto belonging, to the highest bidder at the front door of the Courthouse of Morgan County, in Berkeley Springs, West Virginia, on the following date:
July 14, 2025, at 1:02 p.m.
Situate in Timber Ridge District, Morgan County, West Virginia, more particularly described as follows:
Lot Number 38, Section II, of the Beaver Dam Woods Subdivision, as shown on a plat recorded in Map Book 6, at page 13 in the office of the Clerk of Morgan County, West Virginia.
EXCEPTING AND RESERVING from this conveyance, however a 40 foot wide pedestrian easement which runs across that portion of this property which borders the stream known as Sleepy Creek and which is shown on the plat referred to above. This easement is reserved by the grantor, with the intent of eventually conveying it to an organization comprised of all persons owning property in the Beaver Dam Woods Subdivision so that all lot owners, their guests, and invitees shall have a right to travel along the creekside.
ALSO INCLUDED IN THIS CONVEYANCE is a nonexclusive easement to travel over all roadways shown on that plat and all other roadways in the Beaver Dam Woods Subdivision.
THIS CONVEYANCE IS SUBJECT to any roadway easements shown on the plat referred to above, to any recorded utility easements, and to the authority of the developer to grant further utility easements as set forth in Article I, Paragraph 16, of the Declaration of Covenants, Conditions and Restrictions referred to in the following paragraph;
THIS CONVEYANCE IS SUBJECT also to that certain Declaration of Covenants, Conditions and Restrictions for the Beaver Dam Woods Subdivision which is dated the 18th day of April, 1988, and recorded in Deed Book No. 145 at Page 736 in the office of the Clerk of Morgan County, West Virginia.
NOT INCLUDED IN THIS CONVEYANCE are the oil, gas, and mineral rights to this property, some of which were leased to the Exxon Corporation by a lease dated the 22nd day of March, 1979, and recorded in Deed Book No. 107 at Page 368 in the office of the Clerk of Morgan County, and the remainder of which are hereby retained by the seller for the purpose of conveying them to an association comprised of all property owners at the Beaver Dam Woods Subdivision.
Being the same property conveyed to Anthony D. Bozik by that Deed dated August 30, 1988, which is recorded in the office of the Clerk of the County Commission of Morgan County, West Virginia in Deed Book 148, at Page 716.
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.
Richard A. Pill, Trustee
85 Aikens Center
Edwin Miller Boulevard
PO Box 440
Martinsburg, WV 25404
(304) 263-4971
6-25-3tm