Source: October 13, 2015 Read More →

Hillberry Trustee Sale

NOTICE IS HEREBY GIVEN that by virtue of a deed of trust dated December 19, 2011 (the “Deed of Trust”), made by Toneya T. Hillberry and William J. Hillberry to Philip A. Prichard, as trustee, of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Trust Deed Book 1019, Page 610, to secure First Exchange Bank in the payment of the sum of $133,178.13, evidenced by a negotiable promissory note bearing even date therewith, and First Exchange Bank being authorized and empowered to designate and appoint one or more substitute trustees in the place and stead of the trustees named in the Deed of Trust and the undersigned, Appalachian Title Services, LLC, a West Virginia limited liability company, having been so appointed by the terms of a Designation of Substitute Trustee of record in said Clerk’s office, and default having been made in the payment of said indebtedness and said Substitute Trustee having been requested in writing so to do by First Exchange Bank, the owner and holder of said note, said Substitute Trustee, on
will offer for sale and sell at public auction at the front door of the Marion County Courthouse in Fairmont, West Virginia, to the highest bidder therefor, all of the following described, lot or parcel of real estate, together with the buildings and improvements thereon and the appurtenances thereunto belonging, being Lot No. 5 of the North Gate Subdivision, in the City of Mannington, Mannington City District, Marion County, West Virginia, a map or plat of said North Gate Subdivision is recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia (the “Clerk’s Office”), in Plat File (Cabinet) 2, Sleeve #B-21, reported to have, at the time of the execution of the Deed of Trust, an address of 43 North Gate Drive, Mannington, West Virginia 26582, and being more particularly bounded and described as follows:
Beginning at an iron pin set on the northern R/W limits of a cul-de-sac, corner to Lots 4 & 5; thence with one line of Lot 4 N. 30° 42’ 03” E. 189.31 feet to a 1/2” iron pin set in line of Grace Long, corner to Lots 4 & 5; thence with one line of Grace Long S. 48° 01’ 25” E. 248.75 feet to a drill hole found, corner to Albert Cole; thence with one line of Albert Cole S. 59° 35’ 33” W. 245.00 feet to a 1/2″ iron pin set in line of Cole, corner to Lots 5 & &; thence with one line of Lot 7 N. 38° 10’ 26” W. 118.79 feet to a 1/2″ iron pin set on the R/W limits of a cul-de-sac, corner to Lots 5 & 7; thence with the R/W limits of said cul-de-sac a curve to the left having a radius of 40.00 feet an arc of 35.52 feet to the place of beginning, containing 0.97 acres.
Being the same parcel of real estate conveyed by Martin E. Haught and Wilma F. Haught, husband and wife, to Mary Ann Renick, by deed dated February 21, 2003, of record in the Clerk’s Office on March 19, 2003, in Deed Book 982, at Page 493. Further being the same parcel of real estate conveyed to Toneya T. Hillberry and William J. Hillberry by deed of record in said Clerk’s Office in Deed Book 1102, at Page 724.
TERMS OF SALE: Ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the sales price shall be paid by cash, cashier’s check, or check guaranteed by bank letter of credit in acceptable form, in hand on the day of sale (the “Good Faith Deposit”), with the balance to be paid in cash at closing within 30 days after the date of sale. The sale of said property will be made subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real estate, and any and all unpaid taxes assessed against said property.
Any sale hereunder may be adjourned from time to time without notice other than oral proclamation at the time and place appointed for the sale. The Substitute Trustee reserves the right to reject any or all bids. Conveyance shall be by special warranty deed, and purchaser shall pay for all transfer stamps, recording fees, and other closing costs.
Additional terms and conditions may be announced at the sale.
At public sale any person or entity may bid and may purchase any real estate sold if they be the highest bidder. If the real estate is sold for an amount in excess of the outstanding balance of the mortgage, together with all interest, unpaid real estate taxes and costs, said excess must be used to satisfy any other encumbrances on said property and after all said encumbrances are satisfied together with all interest and costs, any excess then remaining must be paid to the Grantor. If the Grantor or any person holding an encumbrance cannot be found after a diligent search, the money shall be paid into the Circuit Court of the county for the benefit of the Grantor or the holder of any such encumbrance.
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.
Dated: Thursday, October 1, 2015
Substitute Trustee
P. O. Box 1081
Bridgeport, WV 26330
(304) 641-7374
Times: October 13, 20, 2015