NOTICE OF TRUSTEE’S SALE
Notice is hereby given by the undersigned Successor Trustee, in accordance with the provisions of that certain Deed of Trust, dated June 20, 2013, made by Larry J. Cain and Brenda S. Cain, filed of record in the Office of the Clerk of the County Commission of Wood County, West Virginia, in General Lien Book 1770, at page 753 (the “Deed of Trust”), to secure the indebtedness described therein payable to First Neighborhood Bank, Inc., a West Virginia banking corporation, in the original principal amount of $23,157.00, as evidenced by that certain promissory note, dated June 20, 2013, made payable by Larry J. Cain and Brenda S. Cain to the order of First Neighborhood Bank, Inc., (together with all renewals, extensions, refinancings, consolidations, substitutions, and other modifications, the “Note”), which Deed of Trust covers certain real estate situate in Wood County, West Virginia, more particularly described herein; and
Pursuant to authority granted in the Deed of Trust, First Neighborhood Bank, Inc., the owner and holder of the Note secured by the Deed of Trust, appointed Steven R. Hardman, a resident of Wood County, West Virginia, to serve as Successor Trustee, by that certain Substitution of Trustee February 10, 2022, and recorded on February 10, 2022, in the aforesaid Clerk’s office in Lien Book 2227, at page 794.
First Neighborhood Bank, Inc., the owner and holder of the Note secured by the Deed of Trust, has notified the Successor Trustee that Brenda S. Cain is in default under the terms of the Note and the Deed of Trust, and has requested, in writing, that the Successor Trustee sell the real property described in the Deed of Trust at public auction, in accordance with the terms of the Deed of Trust and applicable law.
TAKE NOTICE that the undersigned Successor Trustee will offer for sale at public auction on the 14th day of March, 2022, at 10:00 a.m., prevailing Eastern time, at the front door of the Wood County Courthouse, 1 Court Square, Parkersburg, West Virginia, all of that certain lot, tract or parcel of real estate situate in the City of Parkersburg, Wood County, West Virginia (hereinafter, the “Real Property”):
That certain lot or parcel of land situate in the City of Parkersburg, County of Wood and State of West Virginia, more particularly described as follows:
Beginning on the west side of Lynn Street, 200 feet north of Charles Street and running thence northwardly with the line of Lynn Street 50 feet; thence west and parallel with Charles Street, 125 feet to an alley; thence southward with line of said alley 50 feet; thence eastward and parallel with Charles Street 125 feet to Lynn Street, to the place of beginning.
And being the same property conveyed to Larry J. Cain and Brenda S. Cain, husband and wife, as joint tenants with the right of survivorship, by Deed dated June 18, 2013, of record in Deed Book 1201, at page 298. The said Larry J. Cain died February 11, 2016, and title vested in Brenda S. Cain.
Tax Parcel Identification Number: 05-77-156. Upon information and belief, the street address of the real property is 1119 Lynn Street, Parkersburg, West Virginia 26101.
TERMS OF SALE
The Real Property will be sold for cash in hand on the date of sale, or under any different, other, or additional sale terms as the Successor Trustee, in his reasonable discretion, determines to be appropriate or advisable. The sale shall be further subject to the following:
1. Real estate taxes delinquent, due or payable or to become due and payable, all of which shall be the responsibility of the purchaser;
2. Any statutory lien or liens that may affect the Real Property;
3. All covenants, conditions, restrictions, reservations, easements and rights-of-way appearing of record in the chain of title to the property, or which may be visible from a physical inspection of the subject property;
4. All liens and encumbrances of any nature whatsoever, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges, having priority over the Deed of Trust referred to herein;
5. The purchaser at the sale shall be responsible for paying the costs of recording the Successor Trustee’s Deed and the tax imposed by the State of West Virginia on the privilege of transferring real property (the cost of the tax stamps to be affixed to the Deed).
6. All of the property to be sold will be sold “AS IS, WHERE IS” in the present condition and with all faults and defects, if any, and without any warranty or representation, express of implied. The Successor Trustee shall be under no duty to cause any existing tenant or person occupying the Real Property to vacate said property. The Successor Trustee will deliver a trustee’s deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code § 38-1-6. The Successor Trustee makes no representations and warranties about the title to the real estate to be conveyed. If the Successor Trustee is unable to convey insurable or marketable title to the purchaser for any reason, purchaser’s sole remedy is return of deposit.
7. 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.
8. The undersigned Successor Trustee expressly reserves the right to reject any and all bids, and the right to adjourn the sale from time to time without notice other than oral proclamation at the time and place appointed for the sale. Such adjournment may be for a period of time deemed expedient by the beneficial owner and shall not be construed to be a waiver of the right to make the sale contemplated by this Notice.
9. The beneficiary of the Deed of Trust and holder of the Note thereby secured reserves the right to submit a bid for the Real Property at the sale, which bid may be in the form of a credit bid.
10. The successful bidder will be required to execute a memorandum of sale upon the acceptance of the successful bid by the Successor Trustee.
11. The sale is subject to post-sale confirmation that none of the grantors filed for bankruptcy protection before the conclusion of bidding, in which case the sale will be null and void and the purchaser’s sole remedy, at law or in equity, will be return of deposit without interest.
Additional terms of sale may be announced prior to the sale.
Any inquiries regarding this sale may be directed to Steven R. Hardman, Successor Trustee, 501 Avery Street, Parkersburg, West Virginia 26101, telephone (304) 485-8500.
Feb 25, Mar 4