31902
APRIL 18, 25
NOTICE OF TRUSTEE’S SALE
NOTICE IS HEREBY GIVEN that by virtue of a deed of trust dated March 22, 2013 (the “Deed of Trust”), made by Pine Springs, Inc. to Karen M. Yokum, Trustee, of record in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in Trust Deed Book 1932, at Page 312, to secure First Exchange Bank in the payment of the sum of $1,510,207.00, evidenced by a negotiable promissory note bearing even date therewith, and First Exchange Bank being authorized and empowered to designate and appoint one or more substitute trustees in the place and stead of the trustee named in the Deed of Trust and the undersigned, Appalachian Title Services, LLC, a West Virginia limited liability company, having been so appointed by the terms of a Designation of Substitute Trustee of record in said Clerk’s office, and default having been made in the payment of said indebtedness and said Substitute Trustee having been requested in writing so to do by First Exchange Bank, the owner and holder of said note, said Substitute Trustee, on
THURSDAY, MAY 9, 2024 AT 11:30 A.M. EASTERN TIME
will offer for sale and sell at public auction at the front door of the Monongalia County Courthouse in Morgantown, West Virginia, to the highest bidder therefor, all those certain lots, tracts, or parcels of real estate, together with all buildings and improvements thereon and appurtenances thereunto belonging, situate, lying and being in Morgan District, Monongalia County, West Virginia, and being more particularly bounded and described as follows:
First Parcel:
All of Lot No. 2 as shown on the plat prepared by Blaine E. Miller, dated November 25, 1978. a copy of which is recorded in the office of the Clerk of the County Commission of Monongalia County. West Virginia, in Deed Book 816, at page 49, together with a right or ingress and egress from Riddle Avenue. as shown on the shaded portion of said plat.
Second Parcel:
All of Lot No. 3 as shown on the plan of property prepared by Blaine E. Miller, Surveyor, with survey date of September 23, 1978, together with a right of egress and ingress from Riddle Avenue as shown on the shaded portion of said plan, which said plan is of record in the aforesaid Clerk’s office in Deed Book 816, at page 20.
Third Parcel:
All of Lot No. 4 as shown on the plat prepared by Blaine E. Miller, dated November 25, 1978, a copy of which is recorded in the office of the Clerk of the County Commission of Monongalia County, West Virginia, in Deed Book 816, at page 49. However, there is excepted and reserved from this conveyance that certain part of Lot No. 4 conveyed to Ming-Jeng Hwang and Gloria T. S. Hwang, husband and wife, from The Allegheny Development Corporation, Inc. (by merger with Pineview Realty, Inc.), by deed dated June 25, 1995, and recorded in Deed Book 1111, at page 643, and more particularly shown on the plat attached thereto.
Fourth Parcel:
All of Lot No. 5 as shown on the plat prepared by Blaine E. Miller, and recorded in the office of the Clerk of the County Commission of Monongalia County, West Virginia, in Deed Book 816, at page 52. However, there is excepted and reserved from this conveyance that certain part of Lot No. 5 conveyed to John C. Chang and Christine F. Chang. husband and wife, from The Allegheny Development Corporation. Inc., a West Virginia corporation, by deed dated June 25, 1995, and recorded in the aforesaid Clerk’s office in Deed Book 1114, at page 236, and more particularly shown on the plat attached thereto.”
Being the same real estate conveyed to Pine Springs, Inc., a West Virginia corporation, from David H. Yoder, by deed dated April 1, 1996, and of record in the office of the Clerk of the County Commission of Monongalia County, West Virginia, in Deed Book 1123, at page 691.
TERMS OF SALE: Ten percent (10%) of the sales price shall be paid by cash, cashier’s check, or check guaranteed by bank letter of credit in acceptable form, in hand on the day of sale (the “Good Faith Deposit”), with the balance to be paid in cash at closing within 30 days after the date of sale. The sale of said property will be made subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real estate, and any and all unpaid taxes assessed against the Subject Property. The Subject Property shall be sold “AS IS” and “WITH ALL FAULTS.” The Substitute Trustee shall not be liable for any representations or warranties respecting the physical condition, size or characteristics of the Subject Property. Conveyance shall be by special warranty deed, and purchaser shall pay for all transfer stamps, recording fees, and other closing costs.
The risk of loss or damage to the Subject Property shall be borne by the foreclosure purchaser from and after the bid strikedown at the time of sale. The Substitute Trustee will not deliver possession of the Subject Property to the foreclosure purchaser, who shall be solely responsible for obtaining possession of the Real Property. Further, the Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the Subject Property to vacate said
property, and any personal property and/or belongings remaining at the Subject Property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY TO BE DISPOSED OF ACCORDINGLY BY THE FORECLOSURE PURCHASER.
Pursuant to the express terms of the Deed of Trust, the Substitute Trustee may act by agent in the execution of the sale and Joe R. Pyle Complete Auction and Realty Limited Liability Company will assist with the sale as auctioneer. Any sale hereunder may be adjourned from time to time without notice other than oral proclamation at the time and place appointed for the sale. The Substitute Trustee reserves the right to reject any or all bids. The party secured by the Deed of Trust reserves the right to purchase the property at such sale.
Additional terms and conditions shall be announced at the sale.
At public sale any person or entity may bid and may purchase any real estate sold if they be the highest bidder. If the real estate is sold for an amount in excess of the outstanding balance of the mortgage, together with all interest, unpaid real estate taxes and costs, said excess must be used to satisfy any other encumbrances on said property and after all said encumbrances are satisfied together with all interest and costs, any excess then remaining must be paid to the Grantor. If the Grantor or any person holding an encumbrance cannot be found after a diligent search, the money shall be paid into the Circuit Court of the county for the benefit of the Grantor or the holder of any such encumbrance.
In the event that there are federal tax liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer.
Dated: April 9, 2024.
APPALACHIAN TITLE SERVICES, LLC
Substitute Trustee
P. O. Box 1081
Bridgeport, WV 26330
(304) 641-7374
[email protected]
Sponsored by ZMM Architects and Engineers