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, WV Trustee Services, LLC, by that certain Deed of Trust dated November 30, 2022, executed by Borrower, James Cardwell, to Toby Lucas PLLC, the Trustee of record in the office of the Clerk of the County Commission of Mercer County, West Virginia, in Book 1450, at Page 641. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 323 Bluefield Ave, Princeton, WV 24740. WV Trustee Services, LLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated December 20, 2023, of record in the Clerk’s Office in Book 1468, Page 26. The borrower 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:
2nd day of April, 2024
at 12:00 p.m.
All that certain tract or parcel of real estate, with the improvements thereon and all appurtenances thereunto belonging, and being shown upon a plat entitled, “PLAT SHOWING PART OF LOT 2 BEING ‘B` OF SECTION 21 BEE ADDITION, EAST RIVER DISTRICT, MERCER COUNTY, PRINCETON, WEST VA. Scale l” = 20` January 22, 1993 Shields Eng. Co. Revised: July 8, 1993”, said map recorded in the Office of the Clerk of the County Commission of Mercer County known as Microfilm Plat Record No. 11393, and more fully bounded and described as follows: BEGINNING at an X cut on the sidewalk at the northwestern corner of Lot 1, Section 31 of the McNutt Addition; thence with the division line between Lot 1 and the lot conveyed herein S. 19° 20` E. 132.18 feet to a rebar set in the northern line of an alley; thence with the northern line of said alley S. 58° 00` W. 21.50 feet to a point being the southeastern corner of Lot 2A; thence with the division line between Lot 2A and Lot 2B and through a joint garage N. 29° 47` W. 129.08 feet to a point in the southern line of Bluefield Avenue; thence with the southern line of Bluefield Avenue N. 58° 00` E. 45.00 feet to the place of BEGINNING.” AND BEING the same property to Charles W. Anderson and Glenna Anderson, as joint tenants with rights of survivorship, by Deed dated November 4, 2011 and recorded November 4, 2011, in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Deed Book 969, page 395, from Katherine Marie Phlegar. AND BEING the same property conveyed to James Cardwell by deed from Charles W. Anderson and Glenna Anderson, which said deed is intended to be recorded simultaneously herewith.
Being the same property conveyed to James Cardwell by the Deed dated November 30, 2022 and recorded in Deed Book 1120 at Page 735 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.
WV Trustee Services, LLC, Substitute Trustee
BY: Jim Ashley,
Limited Signing Officer
WV Trustee Services, LLC
McGuire Office Center
618 Tenth Street, Suite 108
Huntington, WV 25701
(304) 853-3336
[email protected]
ID: 780010