TRUSTEES’ SALE OF VALUABLE REAL ESTATE
14 Cricket Drive, Hedgesville, WV 25427
In a Deed of Trust dated March 27, 2007, and duly recorded in the Office of the Clerk of the County Commission of Berkeley County, West Virginia, in Deed of Trust Book 2100, at page 47 John H. Topp and Jane W. Topp did convey unto Robert L. Shuman, Trustee, certain real property. The beneficial holder of that Deed of Trust has elected to appoint Terra Abstract Trustee West Virginia, Inc. as substitute trustees by a Substitution of Trustee recorded in the aforesaid Clerk’s Office. Default having occurred under the Deed of Trust and the beneficial holder having instructed the undersigned Trustees to foreclose, this real property will be sold at public auction at the front door of the Berkeley County Courthouse, 1
00 West King Street,
Martinsburg,
West Virginia 25401 on:
November 17, 2020
At 10:00 AM
The property for sale as described by the Deed of Trust is as follows:
The following
described property:
All that certain parcel of real property, with the
improvements thereon and the appurtenances thereunto belonging,
situate in the Hedgesville District Berkeley County, West Virginia, designated and described as Lot 21 of Woodhaven Knolls Subdivision, containing 4.08 acres, more or less, as set forth upon that certain subdivision survey plat prepared by P. C. Dimagno, Engineers and Surveyors, dated May 11, 1972, and recorded in the office of the Clerk of the County Commission, Berkeley County, West Virginia, in Deed Book 265, at Pages 280-281, together with rights to traverse the streets and roads of the subdivision in common with other lot owners.
The improvements thereon being commonly known as 14 Cricket Lane, Hedgesville, West Virginia 25427.
Being the same lot or parcel of ground which by Deed Dated September 30, 1999 and recorded among the Land Records of Berkeley County in Book 00632 Page 00001, was granted and conveyed by Roland A. Beckwith and Wilda J. Beckwith, Husband and Wife, unto John H. Topp and Jane W. Topp, Husband and Wife, as Joint Tenants with the Right of Survivorship and not as Tenants In Common.
The purchaser will take the property subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real property.
The purchaser will be responsible for paying any transfer stamp, excise taxes, and recording costs associated with recording the Trustee’s Deed into their name.
The purchaser will be responsible for paying any unpaid property taxes owed to the Sheriff of Berkeley County prior to or following the sale directly to the Sheriff.
The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance having priority over the deed of trust referred to herein.
The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance that is junior (“junior claims”) to this Deed of Trust and to which sufficient notice was not given. In that case, unless such right to notice is waived, the chain of title shall not merge with this Deed of Trust as to those unnoticed deeds of trust, judgments, liens, and other encumbrances and will be subject to a further noticed and published sale under this Deed of Trust pursuant to W.Va. Code 38-1-4, in which bidding shall resume at the last highest bid given. In the event of a surplus of such sale, the mortgagors and noticed junior lienholders are hereby on notice that if such surplus is less than Two Thousand Five Hundred Dollars ($2,500.00), then the Substitute Trustee will disburse those proceeds to the most senior interest holder as it sees fit, unless an objection is made in writing.
The Trustees do not guarantee or represent that the boundaries described above are accurate, are not encroached upon, or that any particular structure located on the property is contained within the described boundaries. The property is therefore sold subject to an accurate survey at purchaser’s expense.
The Trustees reserve the right to adjourn the sale, for a time, or from time to time, by announcement at the time and place of sale described above or any adjournment thereof. Such adjournment will be noticed by posting a notice at the front door of the county courthouse or where such notices are traditionally posted at the county courthouse. Such notice will include the date and time when such sale will reconvene.
The Trustees reserve the right to reject any and all bids for any reason.
The Trustees make no representations as to the condition of the property. The property will be sold in “AS IS” condition.
The Trustees make no representations as to whether the property is occupied. The purchaser is responsible for gaining access and possession of the property. Trustees shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
The purchaser may assign its rights prior to the delivery of the trustee’s deed by a signed request in writing to the trustee; the assignee of the purchaser shall be bound by all terms and conditions applicable to the purchaser.
The Trustees will deliver a trustees’ deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code §38-1-6. The Trustees make no representations and warranties about the title of the real estate to be conveyed. If the Trustees are unable to convey insurable or marketable title to purchaser for any reason, purchaser’s sole remedy is return of deposit.
TERMS OF SALE:
Purchaser must bring $24,000 cash in hand at the time of sale as a
deposit in the form of a certified check or cashier’s check made payable to “Stern & Eisenberg Mid-Atlantic, PC, counsel for Terra Abstract.” Those appearing without their deposit will not be allowed to bid. The balance of the successful purchaser’s bid must be proffered in cash within 30 days of the date of the sale. Purchaser shall pay for transfer stamps and recording fees. Additional terms of sale may be announced prior to the sale.
Terra Abstract Trustee West Virginia, Inc.
55 Meridian Parkway, Suite 108
Martinsburg, WV 25404
(304) 757-7956,
(443) 815-3931
www.sterneisenberg.com