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 November 16, 2007, executed by Borrower(s), Andrew Scott Hambrick and Donna J Hambrick, to Vance Golden, the Trustee of record in the office of the Clerk of the County Commission of Fayette County, West Virginia, in Book 811, at Page 272. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 425 N Ct St, Fayetteville, WV 25840. Pill & Pill, PLLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated December 27, 2019, of record in the Clerk’s Office in Book 1027, Page 652. Reference is also made to that Court Order recorded in Deed Book 1023 at Page 95. The borrower(s) 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 Fayette County, in Fayetteville, West Virginia, on the following date:
June 2, 2020 at 2:45 P.M.
The following described tracts described tracts or parcels of real estate, together with the improvements thereon, appurtenances thereunto belonging, and rights incidental thereto, situate in the Town of Fayetteville, New Haven District, Fayette County, West Virginia, and being more particularly bounded and described as follows, to-wit:
TRACT NO. 1:
Beginning at an iron pipe found on western side of a 15 foot alley, and corner to Lots No. 10 and 11 of the Lindbergh Addition to the Town of Fayetteville, thence with back line of Lots No. 11 and 12, N 10-08 E 95 feet to an iron pin set, thence turning down the hill S 79-15 E 110.55 feet to an iron pin found buried on the western right of way of W. Va. Route No. 16. thence with same S 4-27 W 128.15 feet to an iron pin found, corner to the Jewell Moore lot (formerly the Adkins lot), thence with same N 64-34 W 127.77 feet to the beginning, and containing 0.30 ac. as shown on a plat title survey of 0.30 ac. Tract dated October 24, 1985.
TRACT NO. 2:
All of that certain tract or parcel which adjoins Tract No. 1 and is situate North of the below-described agreed boundary line which said boundary line is established between the Sneed and first parties’ tracts situate near the intersection of Route 16 and Short Street and adjacent to Lindbergh Addition in the Town of Fayetteville, Fayette County, West Virginia, and which said agreed boundary line is described as follows:
BEGINNING: at a 5/8″ rebar with cap (set) in concrete at the westernmost terminus of agreed boundary line agreed to by Carla C. and David Allen Sneed and all parties of the Hambrick property, said. rebar is located on the eastern side of a fifteen foot wide alley which bears N 10deg. 08′ 00″ E, 171.61 feet, from a concrete nail (set) at the intersection of the aforesaid alley and Short Street; thence leaving the aforesaid alley along an agreed boundary line, S 81deg. 46′ 53″ E, passing a 5/8″ rebar (set) in concrete at 30.40 feet and a 5/8″ rebar (set) in concrete at 77.66 feet, for a total distance of 107.15 feet, to a 5/8″ rebar with cap (set) in concrete on the western right-of-way of Route 16 at the easternmost terminus of the agreed boundary line, said rebar is referenced by a concrete nail (set) in the centerline of Second Avenue in a bridge over Route 16, which bears S 12deg. 41′ 07″ E, 724.27 feet and the rebar also bears N 01deg. 49′ 07″ E 81.97 feet from a point which itself bears N 00deg. 43′ 14″ W 84.98 feet from a point which bears N 04deg. 48′ 42 E 10.79 feet from a 5/8″ rebar set at the intersection of Short Street and Route 16. The above described agreed boundary line is shown on a plat prepared by Fayette Surveying Company dated FEBRUARY, 2006- REVISED: MAY, 2006 and is to be attached hereto and made a part of this instrument. All bearings based on the Lindbergh Addition meridian (MB 3, pg. 111).
Being the same property conveyed to Andrew Scott Hambrick and Donna J Hambrick by the Deed dated 9/1/2006 and recorded in Deed Book 625 at Page 317 in the Office of the Clerk of the County Commission of Fayette 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%) of the total purchase price payable to the Trustee at sale.
Pill & Pill, PLLC, Substitute Trustee
BY: Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
[email protected]