TRUSTEES’ SALE OF VALUABLE REAL ESTATE
883 Rock Cliff Drive,
Martinsburg, WV 25401
In a Deed of Trust dated September 8, 2014, and duly recorded in the Office of the Clerk of the County Commission of Berkeley County, West Virginia, in Deed of Trust Book 2896, at page 632 Patricia Macferren did convey unto Robert Alan Milner, Esq., 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,
100 West King Street, Martinsburg,
West Virginia 25401 on:
November 16, 2021
At 12:00 PM
The property for sale as described by the Deed of Trust is as follows:
ALL OF THAT CERTAIN LOT OR PARCEL OF REAL ESTATE, WITH THE IMPROVEMENTS THEREON AND THE
APPURTENANCES THEREUNTO BELONGING, SITUATE IN THE HEDGESVILLE DISTRICT OF BERKELEY COUNTY, WEST
VIRGINIA, MORE
PARTICULARLY BOUNDED AND DESCRIBED AS
FOLLOWS:
ALL THAT CERTAIN LOT OR PARCEL DESIGNATED AS LOT 3B, AS SHOWN ON THE PLAT ENTITLED “BOUNDARY LINE ADJUSTMENT BETWEEN LOT 3A AND 3B, LOTS RECORDED IN DB 877 P 151, PART OF LOT 3 SECTION A OF ‘ROCK CLIFF ADDITION’ (DB 128 P 324)” CONTAINING 0.1723 ACRE MORE OR LESS, AS SHOWN ON A PLAT OF SURVEY, DATED
AUGUST 29, 2013, PREPARED BY POLARIS LAND SURVEYS, LLC, A COPY OF WHICH IS RECORDED ATTACHED TO THE DEED RECORDED IN DEED BOOK 1048 PAGE 343, TO WHICH REFERENCE IS MADE FOR A MORE PARTICULAR DESCRIPTION.
TOGETHER WITH A COMMON ACCESS EASEMENT AS SET FORTH ON SAID PLAT;
BEING A PORTION OF THE PROPERTY CONVEYED TO PATRICIA M. MACFERREN, BY DEED FROM L. & M. PROPERTIES, DATED MAY 4, 2012, AND RECORDED MAY 7, 2012, IN THE
OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF BERKELEY COUNTY, WEST
VIRGINIA IN BOOK
1008 AT PAGE 53.
BEING ALSO THE SAME PROPERTY CONVEYED TO PATRICIA M. MACFERREN, BY DEED FROM L. & M. PROPERTIES, LLC, A WEST
VIRGINIA LIMITED
LIABILITY COMPANY, DATED SEPTEMBER 5, 2013 AND RECORDED SEPTEMBER 19, 2013, IN THE OFFICE OF THE CLERK OF THE
COUNTY COMMISSION OF BERKELEY COUNTY, WEST VIRGINIA IN BOOK 1048 AT PAGE 343.
SEE ALSO DEED BOOK 1048 PAGE 346.
PROPERTY ADDRESS: 883 ROCK CLIFF DRIVE, MARTINSBURG,
WEST VIRGINIA 25401.
MAP PARCEL ID NO.: 04-38P-00060002.
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 $4,000.00 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.
9920 Franklin Square Drive, Suite 100
Baltimore, MD 21236
(410) 635-5127,
(443) 815-3931
www.sterneisenberg.com
10:1,8 (2t)