NOTICE OF SUCCESSOR TRUSTEE’S SALE
NOTICE OF SUCCESSOR TRUSTEE’S SALE is hereby given pursuant to an by virtue of the authority vested in the Successor Trustee by that certain Deed of Trust dated November 16, 1999, executed by Sebastian Lopez, to Leonard Z. Alpert to secure Arthur Lewis, of record in the office of the Clerk of the County Commission of Hancock County, West Virginia, in Book 394, at Page 337. Thomas J. Decapio was appointed as Successor Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated September 23, 2021 of record in the Clerk’s Office in Book 881, at Page 1415. The borrower defaulted under the Note and Deed of Trust and the Successor Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Successor Trustee will sell the following described real estate along with any Improvements erected thereon used or useful in the operation of the Mortgaged Premises, whether or not attached to the real estate, and all additions to and substitutions and replacements of any of the above-described types and items of property, and any proceeds of any thereof, and with respect to the Mortgaged Premises to the highest bidder at the front door of the Courthouse of Hancock County, in New Cumberland, West Virginia, on:
October 25, 2021 at 10:00 a.m.
Map/Parcel: G2/0053.0001
Account No.: 06204256
EXHIBIT A
All that certain parcel of land situate in Grant District, Hancock County, West Virginia along U.S. Route 30 and being more particularly described as follows:
Beginning at the south west corner of a .68 acre tract of Kachur as on record in the Office of the Clerk of the County Court, Hancock County, West Virginia in Deed Book 146 at Page 75; said corner being located south 41 degrees 30 minutes east 60 feet from an iron pipe found at the north west corner of Kachur; thence with the division line of Kachur and Lewis north 80 degrees 49 minutes 40 seconds east 167.54 feet to a pin; thence through lands of Lewis south 34 degrees 33 minutes 30 seconds east 230.65 feet to a cross on a concrete walk; thence south 40 degrees 10 minutes east 40.45 feet to a cross on a walk; thence south 32 degrees 19 minutes 15 seconds east 77.58 feet to a nail in blacktop; thence south 15 degrees 14 minutes west 62 feet to the center of the U.S, Route 30; thence with said center line and south westerly line of Lewis north 62 degrees 45 minutes 30 seconds west 60.28 feet to a point; thence north 57 degrees 52 minutes west 105.20 feet to a point; thence north 52 degrees 12 minutes 05 seconds west 90.07 feet to a point; thence north 48 degrees 06 minutes 45 seconds west 45.85 feet to a point; thence north 43 degrees 57 minutes 20 seconds west 89.35 feet to a point; thence north 43 degrees 17 minutes 45 seconds west 89.05 to a point; thence leaving said center line of U.S. Route 30 north 48 degrees 30 minutes east 30 feet to the place of beginning containing 1.25 acres more or less as shown on a plat map attached hereto and made a part of this description.
Subject to the right of way for U.S. Route 30 and all other easements and right of ways of record.
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 to redemption, all property taxes, prior Deeds, liens, reservations, encumbrances, restrictions, right-of- ways, easements, covenants, conveyances and condition 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 sec. 11-22-2.
3) The Purchaser shall be responsible for the payment of all unpaid real estate taxes associated with the property.
4) 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.
5) 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.
6) The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate the 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.
7) The total purchase price is payable to the Trustee by cashier’s check, cash or equivalent within thirty (30) days of the date of sale, with five (5%) of the total purchase price payable to the trustee at sale by cashier’s check, cash or equivalent.
8) In the event that there are Federal Tax Liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer.
Given under my hand this 2nd day of October, 2021
By: Thomas J. Decapio, Esq.
Successor Trustee
Frankovitch, Anetakis, Simon,
Decapio & Pearl, LLP
529 Carolina Avenue
Chester, WV 26034
Phone: 304-387-4400
WDT Oct 7, 14, 2021