NOTICE OF TRUSTEE’S SALE
Notice is hereby given, that the undersigned Substitute Trustee, by the virtue of the authority vested in it by that certain Deed of Trust dated June 12, 2003, recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed of Trust Book 5009, at Page 8994, executed by Margaret M. Bilbrey, to Jenny N. Phillips, State Director of the Rural Housing Service for the State of West Virginia, or its successor agency, and the successors in office as State Director or Acting State Director, as Trustee, for the benefit of the United States of America, acting through the Rural Housing Service or successor agency, United States Department of Agriculture, will offer for sale at public auction at the front door of the Raleigh County Courthouse, in Beckley, West Virginia, on
January 28, 2020 at 1:36 p.m.
The following described property, with its improvements, easements and appurtenances thereunto belonging, situate in the Trap Hill District, Raleigh County, West Virginia, and more particularly described as follows:
Beginning at an iron pin (set) on the right of way of the Chris Shumate Road, as shown on said map, the common corner of the property shown as the Claude Rollins tract and the property herein conveyed; thence N. 35deg. 08′ W. 175.57 feet to an iron pin (set), then S. 76deg. 54′ W. 118.51 feet to an iron pin (set), thence S. 14deg. 10′ W. 95 feet to an iron pin (set), thence S. 72deg. 59′ E. 221.3 feet to said road, then along the right of way of road N. 35deg. E. 49 feet to the point of beginning, containing .60 acres, more or less.
There is EXCEPTED and RESERVED that certain right of way as shown upon a map entitled “High Country Engineering Services Mortgage Plat of Betty Allen Lot Trap Hill District, Raleigh County, WV. Tax Map 1002, Parcels 6,1 and 65., David L. McDorman, PS #1446, 5 Map, 2003.”
At the time of the execution of the Deed of Trust, the property was reported to have a mailing address of 105 Owen Court, Fairdale, WV 25839.
AND BEING the same real estate conveyed to Margaret M. Bilbrey by Deed dated June 12, 2003 from Betty Allen and recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Deed Book 5009, at Page 8992. The said Margaret M. Bilbrey passed away from this life on September 18, 2020 and pursuant to her Last will & Testament, recorded in Book 5041, at Page 3440, title vested in Kenneth C. Allen, who also assumed the loan.
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 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.
5) 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. Title will be conveyed by Trustee’s Deed upon payment of balance. There will be no refund granted of any amount if the third party purchaser elects not to purchase the property for any reason.
6) For more information on this property, please see the listing on the PROPERTIES FOR SALE WEBSITE: http://www.resales.usda.gov/
CONTINUANCE
OR ADJOURNMENT OF SALE:
The Trustee or his assigns has the right to continue the sale or to adjourn the sale for a time or from time to time without further notice other than oral public announcement at the time and place appointed for such sale or at any continuance or adjournment thereof and correction made on the posted notices, which continuance shall be in the sole discretion of the Trustee.
Dated this 6th day of January, 2020.
Pill & Pill, PLLC, Substitute Trustee
Richard A. Pill, Member
P.O. Box 440, 85 Aikens Center
Martinsburg, WV 25404
Phone (304) 263-4971
Fax (304) 267-5840
email: [email protected]
ID: 348565