NOTICE OF TRUSTEE’S SALE
NOTICE OF TRUSTEE’S SALE and Notice of the Beneficiary/Servicer’s election to sell property is hereby given pursuant to and by virtue of the authority vested in the Trustee by that certain Deed of Trust dated May 29, 2008, executed by Jeremy Hearn to Rick E. Rice, Trustee, of record in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Book 1142, at Page 579 and re-recorded in Book 1158, at Page 528. Bailey & Slotnick, PLLC was appointed as Trustee by SUBSTITUTION OF TRUSTEE dated May 7, 2019, of record in the Clerk’s Office in Book 1372, at Page 479. The borrowers defaulted under the Note and Deed of Trust and the Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Trustee will sell the following described property to the highest bidder at the side door of the Courthouse of Mercer County, in Princeton, West Virginia, on:
TUESDAY, JULY 23, 2019, AT 12:30 O’CLOCK P.M.
All those certain tracts or parcels of real estate, together with the improvements thereon and the appurtenances thereunto belonging, situate in East River District, Mercer County, West Virginia, and being more particularly bounded and described as follows:
PARCEL ONE:
Parcel of real estate as shown on a plat beating the legend, “PLAT OF LOT 17 AS SHOWN ON REVISION OF LOTS 15, 17, 18 AND 19 DRAPER CIRCLE SUBDIVISION BLOCK ‘F’ COLLEGE HEIGHTS ADDITI0N TO THE CITY OF PRINCETON WEST VA. EAST RIVER DISTRICT MERCER COUNTY scale 1″ = 20′ Nov. 18, 1985 A.M., Shields, III,” which map is of record in the Mercer County Clerk’s Office as Microfilm Plat No. 9127, and which property is more particularly bounded and described as follows:
LOT 17:
BEGINNING at a 3/8 inch rebar set in the westerly line of Middlesex Avenue at the northeasterly corner (prior deed calls for southeasterly corner) of Lot 16 and designated upon said plat as point “A”; thence with the dividing line between Lot 16 and 17, N. 640 02′ W. 123.27 feet to a 1/2 inch iron pin found in the easterly line of Lot 15 and the northeasterly corner of Lot 16; thence N. 250 58′ E. 47.00 feet to an iron pin found at the northeasterly corner of Lot 15; thence N. 520 18′ E. 39.33 feet to a 3/8 inch iron pin set in the southwesterly corner of Lot 18; thence with the dividing line between Lot 17 and Lot 18, S. 680 0l’ E. 124.75 feet to a 3/8 inch rebar set in the westerly line of Middlesex Avenue; thence with the westerly line of Middlesex Avenue, S. 370 33′ W, 92.79 feet to the point of BEGINNING, containing 0.254 acres, more or less.
PARCEL TWO:
Tract as shown entitled “PLAT OF PART OF LOT 18 AND LOT 19 DRAPER CIRCLE SUBDIVISION EAST RIVER DISTRICT MERCER COUNTY SITUATE JUST WEST OF PRINCETON WEST VA, Scale l” = 20′ Oct. 22, 1986 A.M. Shields, III’, said plat recorded in the County Clerk’s Office as Microfilm Plat No. 9431, and which property is more particularly bounded and described as follows:
LOT 18:
BEGINNING at a point on the western line of Middlesex Avenue, said point being the southern terminus of the common lines of Lot 17 and 18; thence through Lot 18, N. 630 00′ W. 122.97 feet to a 1/2 inch iron rod; thence S. 330 50′ W. 11.0 feet to a point; thence with the northern line of Lot 17, S. 680 01′ E. 124.75 feet to the place of the BEGINNING.
And being the same property conveyed unto Jeremy Hearn by deed dated May 22, 2008, of record in the Clerk’s Office in Deed Book 924, at Page 662.
Grantors further grant and convey unto Grantee that certain right-of-way easement across the adjoining Lot 16, as more fully described in deed dated November 2, 1977, of record in Deed Book 557, at Page 240.
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 11-22-2.
3) Real estate taxes due and payable have been paid. All real estate taxes hereafter will be the responsibility of the purchaser.
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 the equivalent within thirty (30) days of the date of sale, with ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the Trustee at sale by cashier’s check, cash or money order at the time and place of the sale. There will be no refund granted of any amount if the third party purchaser elects not to purchase the property for any reason. Minimum acceptable bid will be $48,530.00.
8) For more information on this property, please see listing on the PROPERTIES FOR SALE WEBSITE: https://properties.sc.egov.usda.gov/resales/public/home.
Given under my hand this 1st day of July, 2019.
BAILEY & SLOTNICK, PLLC-TRUSTEE
By: Marc J. Slotnick, Member
500 Virginia Street East, Suite 600
Charleston, West Virginia 25301
Phone: (304) 346 1800
WV State Bar No. 5956
ID: 271847