NOTICE OF TRUSTEE’S SALE
NOTICE OF TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Trustee, Richard A. Pill, by that certain Deed of Trust dated January 26,, 2018, executed by Borrower Rodney Fitzgerald, to Richard A. Pill the Trustee, of record in the
office of the Clerk of the County Commission of Berkeley County, West Virginia, in Book 3233, at Page 112. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 83 Collins Dr. Martinsburg, WV 25403. The Borrower defaulted under the Note and Deed of Trust and the Substitute Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Trustee will sell the following described property to the highest bidder at the front door of the Courthouse of Berkeley County, in Martinsburg, West Virginia, on the following date:
October 26, 2020 at 10:04 a.m.
All of that certain lot or parcel of real estate, with the improvements thereon and the appurtenances thereunto belonging, situate, lying and being in Hedgesville District, Berkeley County, West Virginia, and more particularly described as follows:
Lot One (1) of Neilland Park Sub-Division, Hedgesville District, Berkeley County, West Virginia, a plat of which lot prepared by
P.C. DiMagno,
Registered Professional Engineer, dated
December 20, 1969, is of record in the Office of the Clerk of the County Council of Berkeley County, West Virginia in Deed Book No, 244, at page 474, which lot contains 25,000 square feet.
CURRENT PROPERTY ADDRESS: 83 Collins Drive, Martinsburg, WV 25403
SUBJECT TO and TOGETHER WITH the following: all covenants, restrictions, conditions, easements, reservations, rights-of-way, public utility easements, and other matters of record or in existence, to the extent valid, subsisting, and enforceable; any lien of taxes for the current year and subsequent years, accrued but not yet payable; matters that would be shown by an accurate survey and inspection of the property; zoning requirements, statutes, rules, orders, restrictions, regulations, and ordinances of governmental agencies or their instrumentalities relating to the property, the building located thereon, their construction and uses, in force on the date hereof (if any such exist); and, all roads and legal highways.
Being the same property conveyed to Rodney Fitzgerald by the Deed dated January 15, 2018 and recorded in Deed Book 1198, at Page 395, in the Office of the Clerk of the County Commission of Berkeley County, West Virginia.
TERMS OF SALE:
1) The property will be conveyed is 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 § 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 whall 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]
10:12;19 (2t)