Moscufo Trustee Sale

Pursuant to the authority vested in the undersigned Philip C. Petty, Substitute Trustee by Notice of Substitution of Trustee which notice is of record in the Office of the Clerk of the County of Commission of Marion West Virginia, and by Deed of Trust dated January 6, 2011, executed by Giovanni J. Moscufo IV to Richard A. Pill, Trustee, which deed of trust is of record in the Office of the Clerk of Marion County, West Virginia, in Trust Deed Book 995 at Page 504, the undersigned Substitute Trustee has been requested, in writing, by the beneficiary of said deed of trust to sell the real estate described below, as there has been a default under the terms and conditions of said deed of trust.  Therefore, the undersigned Substitute Trustee will sell the real estate described in the Deed of Trust, at a public auction on February 17, 2016 at 9:45 a.m. to the highest bidder at the front door of the Courthouse of said County of Marion, in Fairmont, West Virginia, which real estate is more completely described as follows:
All that certain parcel of real estate situate in the Town of Idamay, in Lincoln District, Marion County, West Virginia, as shown upon a plat entitled “Map to Accompany Deed Conveying Surface Idamay Improvement Association to John J. and Alice Faye Pitek, Jr.,” which map is of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book No. 724, at page 675, to which reference is hereby made for all pertinent purposes, and said lot is bounded and described as follows:
Beginning at a stake on Alley “K” and running thence with said Alley “K” S. 20° 28’ W. 38 feet, more or less, to a point in the dividing line between the lot herein conveyed and a lot containing 0.42 acres, shown on said plat; thence with said dividing line S. 66° 41’ 41” E. 148.55 feet to a point on High Street; thence with High Street N. 23° 18’ 19” E. 133.01 feet to a point; thence leaving High Street N. 66° 41’ 41” W. 119.18 feet to a point on Alley “K”, thence S. 31° 30’ 36” W. 80.26 feet to a point; thence with the curve in High Street a distance of 30 feet, more or less, to the place of beginning, and containing 0.41 acres.
The owner of said lot agrees that a membership in the Idamay Improvement Association is appurtenant to the lot containing 0.41 acre and that said lot shall be one unit of membership in said Association.  Further, as the owner of said lot they shall fully perform and comply with the obligations and conditions of membership in the Idamay Improvement Association, including but not limited to the obligation to pay certain charges and assessments.
Said real estate is further made subject to all reservations, exceptions, conditions, limitations, agreements covenants, restrictions and rights-of-way set forth or referred to in prior deeds or other instruments of record in the chain of title.
1. Cash in hand paid on the day of sale.
2. The sale of the property will be made subject to all matters having priority over the deed of trust referred to herein including but not limited to any and all assessments and taxes against said property, all prior liens, encumbrances, lease, restrictions, covenants, conditions, rights of way and easements of any nature whatsoever.
3. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code § 11-22-2.
4. The subject property will be sold in “AS IS” condition.  The Substitute Trustee makes no representations and warranties of any kind or character including, but not limited to, the condition of the real estate or the title to the real estate to be conveyed.
5.  The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
6.   The Substitute Trustee reserves the right to adjourn the sale, for a time, or from time to time, without further notice by announcement at the time and place of the sale described above.
7.   The beneficiary of the Deed of Trust and holder of the note thereby secured reserves the right to submit a bid for the property at the sale, which bid may be in the form of a credit bid.
8.    Such other terms as may be announced at the time of Sale.
Given under my hand this 14th day of January, 2016.
Philip C. Petty,
Substitute Trustee
Times: January 18, 25, 2016