23252
MARCH 23, 30
NOTICE OF TRUSTEE’S SALE
To: Kelly D. Lipscomb
NKA Kelly D. Casino
Notice is hereby given that pursuant to the authority of that certain Deed of Trust (the “Deed of Trust”) as executed by Kelly D. Lipscomb to the Trustees as therein named for said Lender, said Deed of Trust bearing date of the 17th day of September, 2012, and of record in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in Trust Deed Book No. 1894, at Page 641, and default having been made in the payment of the indebtedness secured by the aforesaid Deed of Trust, and further, said Lender having executed and recorded an Appointment of Substitute Trustee appointing and substituting Keith J. Pappas as the Trustee of the aforereferenced Deed of Trust instrument, and that the said Trustee has been formally instructed by said Lender, the owner and holder of the therein described Note evidencing said indebtedness, to advertise and sell the property as hereinafter described, on the terms and provisions as more particularly set forth in said Deed of Trust. Therefore, I, Keith J. Pappas, the undersigned Trustee, will on Thursday, the 6 th day of April, 2023, at 11:00 a.m., offer for public sale to the highest bidder, for cash, at the main entrance of the Monongalia County Courthouse, situate at 243 High Street, Morgantown, West Virginia, the real estate as conveyed by said Deed of Trust and therein described as follows, to wit:
All those certain lots or parcels of real estate, together with the buildings and improvements thereon and the appurtenances thereunto belonging, situate, lying and being in the Sixth Ward of the City of Morgantown, Monongalia County, West Virginia, with a known address of 134 Wilmerding Street, Morgantown, West Virginia, and being more particularly described as follows:
All of Lots Nos. 1, 2, 4, 5, 6 and part of Lots Nos. 3 and 7, all in Block 16 of the West Sabraton Addition, a plat of which said Addition is duly recorded in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in Deed Book No. 188, at Page 364, and further described upon a plat of survey dated June 9, 1993, prepared by Allan J. Witschi, P.S. No. 587, of Greenleaf Surveying Company, a copy of which is recorded in the aforesaid Clerk’s office in Deed Book No. 1075, at Page 691, and further described as
follows:
Beginning at a 3/8-inch reinforcing rod on the Southern right-of-way limits of Wilmerding Avenue at the Northeastern corner of Lot No. 7, in Block 16 of the West Sabraton Addition (see plat of said Addition recorded in Deed Book No. 188, at Page 364), said rod also stands as a corner to Parcel “B” on the aforesaid plat prepared by Allan J. Witschi, P.S. No. 587, of record in the aforesaid Clerk’s office in Deed Book No. 1075, at Page 691, and running thence from said beginning point, as thus established, and with the Southern line of Wilmerding Avenue, N. 84° 09’ 50” E. 112.00 feet to a ½ inch reinforcing rod in the Western right-of-way limits of Skemp Avenue; thence with five lines of said limits of Skemp Avenue, S. 15° 39’ 50” W. 85.00 feet to a ½ inch reinforcing rod; thence S. 19° 33’ 20” W. 110.00 feet to a ½ inch reinforcing rod; thence S. 34° 33’ 20” W. 88.00 feet to a ½ inch reinforcing rod; thence S. 43° 33’ 20” W. 52.47 feet to a ½ inch reinforcing rod; thence with a curve to the right having a radius of 5.00 feet, an arc distance of 12.74 feet, and a chord of N. 63° 28’ 00” W. 9.56 feet to a ½ inch reinforcing rod on the Eastern right-of-way limits of Southerland Avenue; thence with two lines of said avenue, N. 09° 30’ 40” E. 113.62 feet to a ½ inch reinforcing rod; thence with a curve to the left having a radius of 35.00 feet, an arc distance of 36.41 feet, and a chord of N. 20° 17’ 30” W. 34.79 feet to a ½ inch reinforcing rod, corner to Parcel “A”; thence with the Eastern line of said Parcel “A”, N. 39° 54’ 30” E. 43.09 feet to a 3/8 inch reinforcing rod, corner to Parcel “B”; thence with the Western line of said Parcel “B”, N. 02° 39’ 24” W. 100.00 feet to a 3/8 inch reinforcing rod on the Southern right-of-way limits of Wilmerding Avenue; thence with said limits of Wilmerding Avenue, N. 78° 29’ 10” E. 13.53 feet to the point and place of beginning, containing 22,805 square feet or 0.5235 acre, more or less.
AND Being that same real property granted and conveyed to Kelly D. Lipscomb from Vance L. Lipscomb, by that certain Deed dated the 10th of May, 2007, of record in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in Deed Book No. 1342, at Page 251.
THIS SALE is made subject to any prior liens, assessments or mortgages, persons in possession and the rights of any tenants therein and said property is being sold “as is,” and “where as,” without any representation or warranty, express or implied, as to the condition of the improvements, the availability of utilities, whether latent or patent defects may exist therein or thereon, the existence of any defect respecting the quality or marketability of the title thereof, matters which would be revealed by an accurate survey or visual inspection of the premises, the improvements thereon and its boundaries.
TERMS OF SALE: Said real estate and other property will be sold for cash in hand on the day of the sale or other terms as may be acceptable to Lender on said day and date. All persons intending to be present at said time and place of sale, and intending to bid, must register with Trustee, showing a valid proof of identity and evidence of source of funds or bank letter authenticating credit availability in amounts equivalent to any proposed bid, plus costs and fees. All bids may be freely assigned to qualified parties or entities, subject to Lender’s consent. Purchaser shall pay all costs of the sale, including without limitation, transfer tax stamps, property taxes, advertising, recording costs, deed preparation closing costs, and attorney fees incurred pursuant to said bid, purchase, transfer, and sale. Costs and fees will be announced at the sale and are not limited to the above. The undersigned Trustee reserves the right to continue said sale from time to time and to reject any and all bids or offers at any time.
DATED this the 14th day of March, 2023.
Keith J. Pappas, Trustee
176 Fayette Street
Morgantown, WV 26505
Phone: (304) 292-0821
Fax: (304) 292-0514
kpappaslaw@labs.net
A Service of the West Virginia Newspaper Industry.