010094589 July 27, August 3
NOTICE OF TRUSTEE’S SALE

NOTICE OF TRUSTEE’ S SALE and Notice of the Beneficiary/Servicer’ s election to sell that property secured by that certain Deed of Trust dated October 5, 2007, executed by James J. Phares, A.K.A. James Phares and Caroline E. Phares to Barry Dobson and Clayton Rice, Trustees, of record in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in Book 1592, at Page 641. Hereford & Riccardi, PLLC was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated January 22, 2016, of record in the Clerk’ s Office in Book 2102, at Page 512. 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 to the highest bidder at the front door of the Courthouse of Monongalia County, in Morgantown, West Virginia, on:

THURSDAY, AUGUST 4, 2016, AT 1:45 P.M.

All that certain lot or parcel of land, together with the buildings and improvements thereon and the appurtenances thereunto belonging, situate in Union District, Monongalia County, West Virginia, and being more particularly bounded and described as follows:

Beginning at a ½ inch reinforcing rod (set) standing on the western right-of-way limits of Westside Drive (being a 20 foot right-of-way) and standing as the Southeast corner to Lot No. 1 of Block “D” of Phase I of the Sunshine Estates Subdivision (see plats of said subdivision recorded in Map Cabinet No. 2, at File No. 415A and in Deed Book 1084, at Page 232), Lot No. 1 as conveyed to Michael and Stacey L. Long by deed recorded in Deed Book 1084, at Page 229; thence South 28 degrees 05 minutes 40 seconds West 75.00 feet to a ½ inch reinforcing rod (set), said rod stands on the Northern right-of-way limits of Northside Drive; thence with 3 lines with the said limits of Northside Drive, with a curve to the right having a radius of 30.00 feet, an arc distance of 47.12 feet, and a chord of South 73 degrees 05 minutes 40 seconds West 42.43 feet to a ½ inch reinforcing rod (set); thence North 61 degrees 54 minutes 20 seconds West 50.40 feet to a ½ inch reinforcing rod (set); thence North 86 degrees 00 minutes 00 seconds West 26.39 feet to a ½ inch reinforcing rod (set), said rod stands as a corner to Lot 1 of Block “H” of Phase II of the Sunshine Estates Subdivision; thence with said Lot No. 1 of Block “H” , North 04 degrees 00 minutes 00 seconds East 50.16 feet to a 3/8 inch reinforcing rod (found), said rod stands as a common corner to the Dunn Cemetery Land by deed recorded in Deed Book 119, at Page 158, said Lot 1 of Block “H” , and parcel conveyed to Bruceton Bank by deed recorded in Deed Book 1007, at Page 412; thence with said Dunn Cemetery Lands and an outboundary line of said subdivision, North 27 degrees 15 minutes 00 seconds East 70.00 feet to a ½ inch reinforcing rod (set), said rod stands as a corner to said Lot No. 1 of Block “D” ; thence with said Lot No. 1 of Block “D” , South 61 degrees 54 minutes 20 seconds East 126.00 feet to the beginning containing 12,846 square feet, more or less, a plat of the parcel described above, prepared by Allan J. Witschi, LLS No. 587, of Greenleaf Surveying Company dated July 21, 1994.

This is the same property conveyed unto James J. Phares and Caroline E. Phares by deed dated June 11, 1998, of record in the Clerk’ s Office in Book 1164, at Page 49.

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 § 11-22-2.

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 the 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 by cashier’ s check, cash or the equivalent within thirty (30) days of the date of sale, with ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the Trustee at sale by cashier’ s check, cash or the equivalent.

Given under my hand this 13^th day of July, 2016.

HEREFORD & RICCARDI, PLLC-TRUSTEE

By:
Philip B. Hereford, Member
WV State Bar No. 1687
405 Capitol Street, Suite 306
Charleston, West Virginia 25301
Phone (304) 346-1800