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 December 8, 2006, executed by the Borrowers, Daniel C. Hornbaker, Cheryl A. Hornbaker a/k/a Cheryl D. Hornbaker and Connie J. Griffith, to Janet Phillips, the Trustee, of record in the Office of the Clerk of the County Commission of Berkeley County, West Virginia, in Book 2038, at Page 38. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 3390 Williamsport Pike, Martinsburg, WV 25404. Pill & Pill, PLLC was appointed as Substitute Trustee by an APPOINTMENT OF SUCCESSOR TRUSTEE dated November 8, 2018, of record in the Clerk’s Office in Book 3318, at Page 322. The Borrowers
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, together with the improvements thereon and the appurtenances thereunto belonging, to the highest bidder at the front door of the
Courthouse of Berkeley County, in Martinsburg, West Virginia, on
the following date:
December 17, 2019
at 10:12 a.m.
THE FOLLOWING DESCRIBED REAL ESTATE SITUATE IN OPEQUON DISTRICT, BERKELEY COUNTY, WEST VIRGINIA, AND MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
PARCEL I: A PARCEL OF LAND LYING ON THE EAST SIDE OF STATE ROAD 11, ABOUT 4.5 MILES NORTH FROM MARTINSBURG, BEING A PART OF A LARGER TRACT WHICH WAS CONVEYED TO HARRY A. KNIPE BY DEED FROM THE HEIRS OF GEORGE F. BENDER AND CATHERINE V. BENDER, DATED,
AUGUST 8, 1908, AND RECORDED IN THE
OFFICE OF THE CLERK OF THE COUNTY
COMMISSION OF BERKELEY COUNTY, WEST VIRGINIA, IN DEED BOOK NO. 117, AT PAGE 235, AND DESCRIBED AS BEGINNING AT A STONE IN A LANE, CORNER TO P. K. KLINE (FORMERLY G. W. BENDER); 1, THENCE WITH SAID LANE N 65 DEG. W 2.5 CHAINS TO THE STATE ROAD, FORMERLY THE M. & W. PIKE, 2, THENCE WITH SAID STATE ROAD N 29 1/2 DEG. E 50 FEET TO A STONE CORNER 3, THENCE PARALLEL WITH LINE ONE S 65 DEG. E 2.5 CHAINS TO
A STONE IN THE LINE WITH P. K. KLINE, CORNER 4, THENCE WITH SAID LINE S 36
1/2 DEG. W 50 FEET
TO THE PLACE OF
BEGINNING.
PARCEL II: BEGINNING AT THE SOUTHERN CORNER OF THE 200 FOOT LOT HERETOFORE CONVEYED TO BESSIE KEES SAID CORNER BEING IN THE WILLIAMSPORT PIKE, AND RUNNING SOUTHWARD WITH THE LINE OF SAID PIKE 14 FEET, MORE OR LESS, TO THE CORNER OF THE 50 FOOT LOT
HERETOFORE
CONVEYED TO SAID
A. W. WHITMORE (DB 156, P. 375), THENCE RUNNING EASTWARDLY WITH SAID LOT
APPROXIMATELY 232 FEET TO THE CORNER OF KLINE, THENCE RUNNING NORTH
WARDLY PARALLEL
(AS NEARLY AS MAY BE) WITH SAID PIKE 14 FEET, MORE OR LESS, TO THE CORNER OF THE LOT CONVEYED TO KEES; THENCE RUNNING WESTWARDLY WITH THE LINE OF SAID KEES LOT 232 FEET TO THE PLACE OF BEGINNING.
PARCEL III: BEGINNING AT A POINT IN THE NORTHERN BOUNDARY OF A LANE AND THE SOUTHEAST CORNER OF THE ALLEN WHITMORE FARM; THENCE N 32 DEG. E 262 FEET TO A POINT IN THE NORTHERN LINE OF A. L. KEES; THENCE S 61 DEG. 15 MIN. E 70 FEET; THENCE S 32 DEG. W 262 FEET TO A POINT IN THE LINE OF SAID LANE AND K. P. CLINE; THENCE N 61 DEG. 15 MIN. W 70 FEET TO THE PLACE OF BEGINNING, BEING A STRIP OF GROUND FRONTING 70 FEET ON THE AFORESAID LANE AND
EXTENDING BACK
NORTHWARDLY OF EQUAL WIDTH A DISTANCE OF 262 FEET, THE SAME BEING BOUNDED ON THE NORTH AND EAST BY K. P. CLINE, ON THE WEST BY SAID WHITMORE AND KEES, AND ON THE EAST BY
SAID LANE.
Being the same property conveyed to Daviel C. Hornbaker, Cheryl A. Hornbaker and Connie J. Griffith by the Deed dated November 28, 2006 and recorded in Deed Book 854, at Page 447, in the Office of the Clerk of the County Commission of Berkeley County,
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, 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{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total
purchase price payable
to the Trustee at sale.
BY: Richard A Pill, Member
Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
[email protected]
11:26,12:3 ,10 (3t)