Berkeley

Public Notice

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 October 5, 2006, executed by Borrower(s), Thomas E Linton and Charyl R Linton, to Dan Humphery, the Trustee of record in the office of the Clerk of the County Commission of Berkeley County, West Virginia, in Book 2001, at Page 597. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 491 E Burke St, Martinsburg, WV 25401. Pill & Pill, PLLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated November 17, 2021, of record in the Clerk’s Office in Book 3825, Page 235. 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 Berkeley County, in Martinsburg, West Virginia, on the following date:

February 15, 2022 at 10:10 a.m.

All that certain lot or parcel of real estate together with the improvements thereon and appurtenances thereto belonging, situate in Martinsburg District, Berkeley County, West Virginia, and more particularly described as follows: PARCEL ONE: That certain lot or parcel of ground with all and any improvements and appurtenances thereon belonging and attached thereto situate in the Town of Martinsburg, Berkeley County, West Virginia, and being all of, what is known and designated as division No. 1, in a certain subdivision of Lot No. 7, of Chambers Addition to the Town of Martinsburg, West Virginia, which said subdivision of Lot No. 7 was surveyed by J. Baker Kerfott on the 24th day of August 1886 and a plat of said survey showing said division of Lot No. 7, is of record in the Office of the Clerk of the County Court of Berkeley County, West Virginia in Deed Book NO. 83, at page 282, and shown said division No. 1 of Lot No. 7, to contain 9,334 square feet. The reserved street or division No. 3, as shown on said plat 33 feet in width is intended for the use of this lot and division No. 2 as described on said plat. PARCEL TWO: That certain lot or parcel of real estate situate lying and being in the Town of Martinsburg, Berkeley County, West Virginia, being the northern part of Lot No. 11, in the addition to Martinsburg, West Virginia, known as Chambersburg, on the northern side of East Burke Street, the southern part of said lot having been conveyed to Alton C. Luttrell, et al., by deed recorded in the aforesaid Clerk’s office in Deed Book No. 177, at page 262.

Being the same property conveyed to Thomas E Linton and Charyl R Linton by the Deed dated September 27, 2006 and recorded in Deed Book 849 at Page 549 in the Office of the Clerk of the County Commission of Berkeley 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

BY:
Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
[email protected]

1:26/2:1;8 (3t)