SEPTEMBER 20, 27 OCTOBER 4, 11
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 July 25, 2019, executed by the Borrower, James E. Barnhart, to Old Republic National Title Insurance Company, the Trustee, of record in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in Book 2303, at Page 752. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 1 Banner Place, Morgantown, WV 26508. Pill & Pill, PLLC was appointed as Substitute Trustee by an APPOINTMENT OF SUBSTITUTE TRUSTEE dated June 28, 2023, of record in the Clerk’s Office in Book 2572, at Page 356. The Borrower defaulted under the Note and Deed of Trust and the Substitute Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustee will sell the following described property to the highest bidder at the front door of the Courthouse of Monongalia County, in Morgantown, West Virginia, on the following date:
October 19, 2023, at 5:02 p.m.
All of the following described real estate, together with the buildings and improvements thereon and the appurtenances thereunto belonging, situate, lying and being in Union District, Monongalia County, West Virginia, more particularly bounded and described as follows, to-wit:
All of Unit No. 1, Phase II of Banner Place, situate in Union District, Monongalia County, West Virginia, as more particularly bounded and described and set out and designated upon that certain map or plat entitled, “BANNER PLACE SUBDIVISION”, as prepared by Paul Harbert, PS No. 862 of McCoy Land Surveying, Monongah, WV dated October, 2005, which map or plat is of record in the Office of the Clerk of the County Commission of Monongalia County, West Virginia in Map Cabinet 3, Envelope 196-A, and further described as follows:
Beginning at a 5/8″ iron pin found on the southern right of way limits of WV Rt. 857, corner to Mary Snider, (Deed Book 765, Page 393); thence with the southern right of way limits of WV Rt. 857 for two lines N. 60 45`16″ E. 25.56 feet to a point; thence with a curve to the right having a radius of 449.88 feet, an arc of 48.23 feet, chord bearing a distance of N. 57° 24` 21″ E. 48.21 feet to a point at the intersection of WV Rt. 857 with Banner Place; thence with western right of way limits of Banner Place for three lines N. 83° 01` 38″ E. 26.02 feet to a point, thence S. 54° 12` 39″ E. 24.42 feet to a point; thence S. 38° 58` 21″ E. 39.91 feet to a 5/8″ iron pin set, corner to Units 1 & 3; thence with one line of Unit 3, S. 51° 30` 58″ W. 104.81 feet to a 5/8″ Iron pin set in line of Mary Snider, corner to Units 1 & 3; thence with one line of Snider, (Deed Book 765, Page 393) N. 36° 50` 00″ W. 86.11 feet to the place of beginning, containing 0.18 acres, more or less, as shown on a plat prepared by Paul D. Harbert, PS No. 862, of McCoy Land Surveying, dated June 2014 and recorded in the Office of the Clerk of the County Commission of Monongalia County, West Virginia In Deed Book 1500, at Page 312.
And being the same real estate conveyed to James E. Barnhart from Rebekah Parks, by deed dated July 9th, 2019 and recorded in Deed Book 1678, at Page 88 in the Office of the Clerk of the County Commission of Monongalia 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: /s/ Richard A. Pill
Richard A. Pill, Member
Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402