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 1, 2000, executed by Borrower(s), James W. Jones, to W. Brad Sorrells, Attorney at Law, the trustee of record in the office of the Clerk of the County Commission of Randolph County, West Virginia, in Book 318, at Page 544. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 671 Mabie Cassidy Rd. Mabie, WV 26278. Pill & Pill, PLLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated January 25, 2021, of record in the Clerk’s Office in Book 598, Page 616. 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 Randolph County, in Elkins, West Virginia, on the following date:
March 4, 2021 at 10:50 a.m.
That certain tract or parcel of real estate situate on WV Secondary Route 37/8, on the East side thereof 0.3 Mile North of the Mabie, WV Post Office situate in Roaring Creek District of Randolph County, West Virginia, and more particularly bounded and described as follows:
Beginning at a point on the eastern right of way of WV Secondary Route 37/8 (The Old Staunton and Parkersburg Turnpike) 30 feet from the center thereof, a corner to Marcus A. Pastine (DB 449 at page233), from with a 3/4 inch rebar found bears N 62 degrees 04′ E. 3.60 feet and a 4 inch PVC pipe conerfound, bears S 18 degrees 54′ w. 125.25 feet, thence with the eastern right of way of said road for two lines and with the arc of a 3 degree 29′ curve to the left having a central angle of 5 degrees 40′, a radius of 1645.20 feet and a length of 162.87 feet for one line CHORD + N 15 degrees 43′ W. 162.80 feet to a point, thence N 17 degrees 58′ W. 68.55 feet to a point, 30 feet east of the centerline of a private access road, a corner to Robert Burch reserved land (DB 426 at page 363), seta 3/4 in by 42 inch rebar with a 3 inch diameter plastic cap, from which a power poles bears S 87 degrees 50′ W. 54.1 feet, thence N 68 degrees 04′ E, 211.91 feet to a point, set a 3/4 inch by 42 inch rebar with a 3 inch diameter plastic cap, thence N 83 degrees 39′ E. 199.52 feet to a point, set a 3/4 inch by 42 inch rebar with a 3 inch diameter plastic cap, thence S 77 degrees 32″ E. 107.55 feet to a point approximately 20 feet south of the centerline of said access road, a corner in line of Snowden Flanagan (DB 235 at page 616), and a corner to said Robert W. Burch reserved land, set a 3/4 inch by 42 rebar with a 3 inch diameter plastic cap, from which the south steel post of a gate bears S 62degrees 04″ W. 626.66 feet to the point of beginning, containing 1.83 acres, more or less, as surveyed June 1998 by Leon G. Mallow, PS nO. 567, as shown upon a plat of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Deed Book 473 at page 130, and being a portion of that parcel of real estate described on the Land Books of Randolph County on Tax Map 119 Part of Parcel N. 0036 – Roaring Creek District. And being the residue of that certain tract or parcel of real estate conveyed to Robert W. Burch and Connie Burch by Geneva K. Ware by deed dated the 8th day of June, 1993, and of recording the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Deed Book 425 at page 363. The said Connie Burch conveyed all of her undivided right, title and interest in and to the subject real estate to Robert W. Burch by deed dated the 7th day of July, 1999, and of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Deed Book 467 at page 450, reference now being made to both of the Deed Books and Page Numbers for a more full and complete description of the parcel of real estate therein conveyed. This conveyance is made subject to any and all rights of way, easements, reservations and covenants contained in prior deed of record to the subject parcel of real estate as may be found in the Land Records of Randolph County, West Virginia, affecting title to the subject parcel of real estate.
Being the same property conveyed to James W. Jones by the Deed dated October 9, 200 and recorded in Deed Book 475 at page 232 in the Office of the Clerk of the Randolph County Commission of Randolph 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 section 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: Richard A. Pill
Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
[email protected]
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