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 August 21, 2001, executed by Borrower(s), Brenda K. Brooks and Vicki L Windon, to Janet Phillips,the Trustee of record in the office of the Clerk of the County Commission of Greenbrier County, West Virginia, in Book 457, at Page 103. At the time of the execution of the Deed of Trust, this property was reportedto have a mailing address of Hc 30 Box Lp 14, Caldwell, WV 24925. Pill & Pill, PLLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated February 5, 2016, of record in the Clerk’s Office in Book 758, Page 626. The borrower(s) defaulted under the Note and Deed of Trust and the Substitute Trustees have been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustees will sell the following described property to the highest bidder at the front door of the Courthouse of Greenbrier County, in Lewisburg, West Virginia, on the following date:
April 28th, 2016 at 2:30 P.M.
The property is described as of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in White Sulphur District, Greenbrier County, West Virginia, and being more particularly described as follows:
ALL OF THAT CERTAIN LOT, TRACT OR PARCEL OF LAND, TOGETHER WITH ALL IMPROVMENTS THEREON AND ALL EASEMENTS, RIGHTS-OF-WAY AND APPURTENANCES THEREUNTO BELONGING, SITUATE NEAR THE HARTS RUN ROAD (LS. RT. NO. 60/14) ALONG HARTS RUN CREEK IN WHITE SULPHUR DISTRICT, GREENBRIER COUNTY, WEST VIRGINIA, AND MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
“BEGINNING AT AN IRON PIPE SET IN THE NORTHEAST LINE OF A ROAD THROUGH THE LEO J. O’NEIL PROPERTY OF WHICH THIS SURVEY IS A PART OF, SAID POINT STANDING S 31°° 55′ E, 134.57 FEET FROM AN IRON PIN, CORNER TO THE 4 3/4 ACRE TRACT OWNED BY C.F. VANCE, THENCE LEAVING LINE OF SAID ROAD AND THROUGH LEO J. O’NEIL; N 78° – 13′ 30″ E, 342.00 FEET TO THE CENTER OF HARTS RUN CREEK, THENCE WITH THE CENTER OF CREEK S 47° – 16’ W, 327.33 FEET TO A POINT IN CENTER OF CREEK, THENCE WITH THE SAME; S 15°-49′ W, 39.00 FEET TO A POINT IN CENTER OF SAID CREEK, THENCE LEAVING CREEK AND THROUGH LEO J. O’NEIL OF WHICH THIS SURVEY IS A PART OF; N 85°-47′ W, 52.00 FEET TO AN IRON PIPE SET IN THE NORTHEAST LINE OF A DESIGNATED ROAD THROUGH O’NEIL PROPERTY, THENCE WITH THE LINE OF SAID ROAD; N 9°-43-30″ W, 188.75 FEET TO THE PLACE OF BEGINNING AND CONTAINING 35,443.22 SQUARE FEET OR .813 ACRE AS SURVEYED BY WILLIAM G. SUITER ON THE 5TH DAY OF MAY 1973″.
MAP 31 PARCEL 13
BY WILL FROM THE ESTATE OF MARY J. BROOKS, DECEASED, AS W, 39.00 FEET TO A POINT IN CENTER OF SAID CREEK, THENCE LEAVING CREEK AND THROUGH LEO J. O’NEIL OF WHICH THIS SURVEY IS A PART OF; N 85°-47′ W, 52.00 FEET TO AN IRON PIPE SET IN THE NORTHEAST LINE OF A DESIGNATED ROAD THROUGH O’NEIL PROPERTY, THENCE WITH THE LINE OF SAID ROAD; N 9°-43-30″ W, 188.75 FEET TO THE PLACE OF BEGINNING AND CONTAINING 35,443.22 SQUARE FEET OR .813 ACRE AS SURVEYED BY WILLIAM G. SUITER ON THE 5TH DAY OF MAY 1973”.
MAP 31 PARCEL 13
BY WILL FROM THE ESTATE OF MARY J. BROOKS, DECEASED, AS SET FORTH IN WILL
BOOK 46 PAGE 442 DATED 06/30/1995 AND PROBATED 7/3/1997, FINAL SETTLEMENT 06/09/1998, GREENBRIER COUNTY RECORDS, STATE OF WEST VIRGINIA.
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, convey-ances 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 PRO-PERTY 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{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the Trustee at sale.
Pill & Pill, PLLC, Substitute Trustee
BY:
Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
[email protected]
(7,14,21ap)