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 Trustees, Richard A. Pill, David D. Pill and Amanda E. Steiner, any of whom may act, by that certain Deed of Trust dated August 4, 2012, executed by the Borrowers, Samuel J. Andy and Sandra J. Andy, to Douglas McElwee, the Trustee, of record in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Book 1441, at Page 463, and further by that Loan Modification recorded on June 22, 2016, in Book 1507, at Page 129. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 12 Quail Ct., Wheeling, WV 26003. Richard A. Pill, David D. Pill, and Amanda E. Steiner, any of whom may act, were appointed as Substitute Trustees by an APPOINTMENT OF SUCCESSOR TRUSTEE dated December 22, 2014, of record in the Clerk’s Office in Book 1497, at Page 477. The Borrowers 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 Ohio County, in Wheeling, West Virginia, on the following date:
September 28, 2016
at 11:03 a.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 Richland/Wheeling (tax) District, Ohio County, West Virginia, and being more particularly described as follows:
The following lot or parcel of land situate on the northwesterly side of Quail Court, in the City of Wheeling, in Richland District, Ohio County, West Virginia, and being all of Lot Number 2, as shown on the Plat of North Park (Section 3 & 8), which plat is recorded in the office of the Clerk of the County Court of Ohio County, West Virginia, in Plat Book 3, at page 86.
Said Lot No. 2 is subject to a right of way and easement for utility and sanitary sewer purposes fifteen (15) feet in width and running through said Lot No. 2 as shown on said plat. There is excepted and reserved from this conveyance for the benefit of Interstate Construction Company, its successors and assigns, the right to use said fifteen (15) foot strip of land for utility and sanitary sewer purposes in common with second parties and the owners of lots shown on said plat, together with the right of Interstate Construction Company, its successors and assigns, to go upon the property hereby conveyed for the purpose of repairing, renewing and maintaining any sanitary sewer or utility lines located thereon or therein.
There is excepted and reserved from the lot hereby conveyed all of the coal underlying same together with such mining rights and privileges that have been heretofore excepted and/or conveyed.
All of the foregoing covenants [set forth in Deed Book 506, at Page 147, et seq.] shall be covenants running with the land and may be enforced by the owner or owners of North Park (Sections 3 & 8), or of any lot therein, against the owner or owners of the lot or tract upon which any violation thereof occurs. Said covenants shall be binding upon all purchasers and all persons claiming under them until December 1, 1992, and thereafter until such time as an instrument signed by 60{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c} of the then owners of lots shown on said plat has been recorded, agreeing to change said covenants in whole or in part. Invalidation of any one of said covenants by judgment or court order shall in no wise affect any of the other provisions, which shall remain in full force and effect.
Being the same property conveyed from Ryan Homes, Inc. to Samuel J. Andy and Sandra J. Andy by deed recorded July 15, 1969 in Book 506, page 147 in the registrar’s office of Ohio County.
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 Section 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{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the Trustee at sale.
Richard A. Pill,
Substitute Trustee
David D. Pill,
Substitute Trustee
Amanda E. Steiner,
Substitute Trustee
85 Aikens Center
Edwin Miller Boulevard
PO Box 440
Martinsburg, WV 25404
(304) 263-4971
foreclosures@
pillwvlaw.com
N.R. Sept. 7, 14, 21, 2016
235701