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 September 7, 2007, executed by Borrower(s), Curtis Franklin as joint tenants, and Darlenna Franklin, as joint tenants, to Office of the Clerk of the County Commission, the Trustee of record in the office of the Clerk of the County Commission of Mercer County, West Virginia, in Book 1122, at Page 390. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 129 Cypress St, Bluefield, WV 24701. Pill & Pill, PLLC were appointed as Substitute Trustees by Judgement order recorded October 19, 2020, of record in the Clerk’s Office in Book 199, Page 592. The borrower(s) defaulted under the Note and Deed of Trust and the Substitute Trustees have been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustees will sell the following described property to the highest bidder at the front door of the Courthouse of Mercer County, in Princeton, West Virginia, on the following date:
March 2, 2021 at 10:45 A.M.
Those certain lots or parcels of real estate located in the City of Bluefield, Mercer County, West Virginia and described as follows:
Lots Nos. 38 and 39, section 215 as shown on the map of the Hale Land Company is of record in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Map Book NO. 1 at page 189, and which said property is further shown on the assessor’s maps for Mercer County, West Virginia Tax Map 30 as parcel NOS. 0019 and 0020.
Also those certain lots or parcels of real estate located in the City of Bluefield, Mercer County, West Virginia, and described as follows:
Parcel No. 1
Those two certain lots or parcels of Real Estate located in the City of Bluefield, Mercer County, West Virginia, and designated on an official map of said City (and on the Map of the Hale Land Company) as lots 35 and 36 in Section 215, and more particularly described as follows:
Beginning at a point in the east line of Cypress Street, S. 21deg. 31′ E. 300 feet from the intersection of the east line of Cypress Street with south line of Bluefield Avenue, being the Northwest Corner of lot 36 and the Southwest Corner of lot 37; thence N. 68deg. 29′ E. 105 feet with the southern line of lot 37 to a 15 feet wide Alley; thence with said Alley line S. 21deg. 31′ E. 50 feet to a point; the Northeast Corner of lot 34 and the Southeast Corner of lot 35; thence with the northern line of lot 34 S. 68deg. 29′ W. 105 feet to the east line of Cypress Street; thence with the said line of Cypress Street, N. 21deg. 31′ W. 50 feet to the beginning, each of said lots 35 and 36 measuring 25×105 feet.
This conveyance is further made subject to the restrictions, reservations and easements of record in the particular reservation of an easement establishing a sewer line connection for lots 34, 33 and 32 of Section 215 together with the maintenance thereof, as set forth in the hereinabove referenced deed.
The Sewer line now located on lot 35 and 36 is as follows:
Beginning at a point in the western line of a 15 feet wide Alley, said point being at or near the Northeast Corner of lot no. 36, Section 215, thence S. 47deg. 45′ W. 39 Feet, more or less, to a point, 12 feet eastward from the Northeast Corner of a one story dwelling; thence S. 1deg. 30′ W. 38 Feet, more or less, passing the Southeast Corner of said dwelling and at a distance of 2 feet eastward therefrom to the northern line of lot no. 34, section 215.
Parcel No. 2:
All of the following described lot or parcel of land, situate in the City of Bluefield, Mercer County, West Virginia, and known as lot no. 37 in Section 215, as the same appears on a map of the Hale Land Company, which Map is of record in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Map Book 1, at page 189.
Map: 30/17, 19, 20 commonly known as: 129 Cypress Street. Bluefield. WV 24701
Being the same property conveyed to Curtis Franklin and Darlenna Franklin by the Deed dated 10/16/2006 and recorded in Deed Book 904 at Page 161 and correction Deed dated 07/29/2007 Deed Book 914 at Page 309 in the Office of the Clerk of the County Commission of Mercer 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: Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
[email protected]
ID: 471697