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 May 10, 2005, executed by Borrower(s), April D Boyles and Martin E Boyles, to Jeff Ruskisky, the Trustee of record in the office of the Clerk of the County Commission of Marion County, West Virginia, in Book 834, at Page 113. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 1008 East Brookside Drive, Fairmont, WV 26554. Pill & Pill, PLLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated February 24, 2020, of record in the Clerk’s Office in Book 1240, Page 145. 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 Marion County, in Fairmont, West Virginia, on the following date:
November 5, 2021 at 4:30 P.M.
ALL OF THOSE CERTAIN LOTS OR PARCELS OF LAND, SITUATE AND BEING IN THE “PEACOCK TERRACE” ADDITION TO THE CITY OF FAIRMONT, FAIRMONT DISTRICT, MARION COUNTY, WEST VIRGINIA, A MAP OR PLAT OF WHICH SAID ADDITION IS OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF MARION COUNTY, WEST VIRGINIA, IN DEED BOOK NO. 258, PAGE 360, WHICH SAID LOTS HEREBY CONVEYED ARE MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO-WIT: FIRST PARCEL: LOT NO. 12 IN SAID ADDITION AS AFORESAID, REFERENCE BEING HEREBY MADE TO SAID PLAT FOR A MORE PARTICULAR DESCRIPTION. SECOND PARCEL: LOT NO. 10 IN SAID ADDITION AS AFORESAID, WHICH SAID LOT NO. 10 FRONTS FORTY (40) FEET ON EAST BROOKSIDE DRIVE, ADJOINING LOT NO. 11, HEREINAFTER CONVEYED AND EXTENDING BACK FROM SAID EAST BROOKSIDE DRIVE TO CRESTVIEW AVENUE, REFERENCE BEING HEREBY MADE TO SAID PLAT FOR A MORE PARTICULAR DESCRIPTION. THIRD PARCEL: LOT NO. 11 IN SAID ADDITION AS AFORESAID AND FRONTING ON EAST BROOKSIDE DRIVE FORTY (40) FEET AND EXTENDING BACK WITH A UNIFORM WIDTH A DISTANCE OF 120 FEET TO CRESTVIEW AVENUE.
Being the same property conveyed to Martin E Boyles by the Deed dated 03/25/2003 and recorded in Deed Book 982 at Page 908 in the Office of the Clerk of the County Commission of Marion 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
Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
[email protected]
Times: September 17, October 15, 22, 29, 2021
