The undersigned Trustees, by virtue of the authority vested in them by that certain deed of trust dated September 13, 2001, and duly recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed of Trust Book 0715, at page 1107, Donald Lee Mundell and Gina Ann Mundell did convey unto Janet Phillips, Trustee, certain real property described in said deed of trust; and the beneficiary has elected to appoint Teays Valley Trustees, LLC as substitute Trustees by a Substitution of Trustee recorded in the aforesaid Clerk’s Office; and default having been made under the aforementioned deed of trust and the undersigned Trustees, having been instructed by the secured party to foreclose thereunder, will offer for sale at public auction at the front door of the Marion County Courthouse, 219 Adams Street, Fairmont, West Virginia 26554 on:
February 17, 2015
At 04:30 PM
All that certain lot or parcel of land located on the Waters of Hickman Run, in Union District, Marion County, West Virginia, as subdivided from a tract of land belonging to Robert E Mundell, and being more particularly bounded and described as follows:
Beginning at a 1/2″ iron pin set in the property line of Mary Koontz lands, and corner to Parcel No. 1, hereinbefore described; thence running with said Koontz line, N. 75-55-00 E. 125.70 feet a 1″ iron pipe found in the line of a tract owned by Michael and Elda Jurasko; thence running with a line of said Jurasko, S. 05-37-00 W. 125.03 feet to a 1/2″ iron pin set, corner to the lands of Donald and Wenona Miller; thence running with a portion of the said Miller`s line, S. 75-55-00 W. 32.21 feet to a 1/2″ iron pin set, corner to Parcel No. 3, hereinafter described; thence running with two lines of said Parcel No. 3, N. 14-05-00 W. 56.00 feet to a 1/2″ iron pin set, thence S. 72-06-10 W. 37.77 feet to a 1/2″ iron pin set, corner to Parcel No. 1, hereinbefore described; thence running with one line of said Parcel No. 1, N. 26-05-23 W. 65.66 feet to place of beginning, containing 9,084.18 square feet.
For the consideration aforesaid, the parties of the first part also grant and convey unto the party of the second part a right of way across Parcel No. 1 as shown on the attached plat and a right of way across the adjoining property now owned by Mary Koontz for ingress and egress from the lot conveyed herein to West Virginia Secondary Route #31 also as shown on the plat attached hereto and more fully described in the deed recorded in the Office of the Clerk of the County Commission of Marion County, in Deed Book No. 751, at page 711. Map 31, Parcel 0039.2
Route 4 Box 20
383 East Grafton Road], Fairmont, WV 26554
The aforesaid property is SUBJECT TO any and all easements, rights-of-way, conditions, covenants and restrictions of record or in existence.
The sale of the foregoing real property will be made subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real estate, subject to all matters disclosed by an examination and inspection of the property, subject to any and all unpaid taxes as recorded against said property, and to any further matters announced at said sale. The property is sold subject to an accurate survey at purchaser’s expense.
The sale of the foregoing real property will also be made expressly subject to any and all other deeds of trust, judgments, liens, and all other encumbrances of any nature whatsoever, if any, having priority over the deed of trust referred to herein.
The Trustees reserve 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 sale describe above or any adjournment thereof. The Trustees reserve the right to reject any and all bids.
The subject property will be sold in “AS IS” condition. The Trustees shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. The Trustees will deliver a trustees’ deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code §38-1-6. The Trustees make no representations and warranties about the title of the real estate to be conveyed. If the Trustees are unable to convey insurable or marketable title to purchaser for any reason, purchaser’s sole remedy is return of deposit.
TERMS OF SALE: $4,800.00 cash in hand at the time of sale in the form of a certified check or cashier’s check made payable to “Teays Valley Trustees, LLC,” and the balance in cash closing within 30 days of the date of the sale. Purchaser shall pay for transfer stamps and recording fees. Additional terms of sale may be announced prior to the sale.
55 Meridian Parkway, Suite 108
Martinsburg, West Virginia 25404