010064382 May 25, June 1, 8
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 January 23, 2008, executed by Borrower Diana S. Tokarz, to David Pill, the Trustee of record in the office of the Clerk of the County Commission of Monongalia County, West Virginia, in Book 1614, at Page 399. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 3328 Collins Ferry Rd, Morgantown, WV 26505. Pill & Pill, PLLC was appointed as Substitute Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated April 2, 2015, of record in the Clerk’s Office in Book 2053, Page 217. The borrower defaulted under the Note and Deed of Trust and the Substitute Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustee will sell the following described property to the highest bidder at the front door of the Courthouse of Monongalia County, in Morgantown, West Virginia, on the following date:
June 15, 2015 at 8:00 a.m.
The property is described as of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in Seventh Ward District, Monongalia County, West Virginia, and being more particularly described as follows:
ALL OF THE FOLLOWING DESCRIBED REAL ESTATE, TOGETHER. WITH ALL IMPROVEMENTS THEREON AND APPURTENANCES THERETO, SITUATE IN THE EAST SUNCREST ADDITION TO THE SEVENTH WARD OF THE CITY OF MORGANTOWN, MORGAN DISTRICT, MONONGALIA COUNTY, WEST VIRGINIA, AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO-WIT:
LINE OF THE COLLINS FERRY ROAD, 101.60 FEET DISTANT FROM THE INTERSECTION THEREOF WITH LAKE STREET; THENCE LEAVING THE COLLINS FERRY ROAD, N. 61° 46′ E. 63.48 FEET TO A HUB; THENCE N. 81° 10′ E. 28.14 FEET TO A HUB; THENCE WITH A LINE OF LOT NO. 8, S. 28° 14’E. 68.07 FEET TO A HUB, CORNER TO LOT NO. 3; THENCE WITH THE LINE THEREOF, S. 61° 46′ W. 91 FEET TO A HUB IN THE EASTERN LINE OF THE COLLINS FERRY ROAD; AND THENCE WITH THE SAME, N. 28° 14′ W. 77.40 FEET TO THE PLACE OF BEGINNING, BEING ALL OF LOT NO. 4 OF THE EAST SUNCREST ADDITION AS THE SAME IS LAID DOWN ON THE OFFICIAL SALES PLAT THEREOF OR RECORD IN THE OFFICE OF THE CLERK THEREOF OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF MONONGALIA COUNTY, WEST VIRGINIA, IN DEED BOOK 475, AT PAGE 452, AND A PLAT OF SURVEY PREPARED BY RALPH E. BAKER, R.P.E. NO. 441, DATED A PART OF THE DEED DATED JANUARY 17, 1958, OF RECORD IN SAID CLERKS FFICE IN DEED BOOK 557, AT PAGE 146, TO WHICH SAID RECORDED PLATS ARE MADE A PART HEREOF FOR ALL PERTINENT PURPOSES.
TAX ID #: 42126
BY FEE SIMPLEDEED FROM DEBRA L HARR AS SET FORTH IN DEED BOOK 1196, PAGE 226 AND RECORDED ON 4/19/2000, MONONGALIACOUNTY RECORDS.
THE SOURCE DEED AS STATED ABOVE IS THE LAST RECORD OF VESTING FILED FOR THIS PROPERTY. THERE HAVE BEEN NO VESTING CHANGES SINCE THE DATE OF THE ABOVEREFERENCED SOURCE.
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 ยง 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 by certified or cashier’ s check within thirty (30) days of the date of sale, with ten (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the Trustee at sale by certified or cashier’ s check.
7) This is a sale under a second Deed of Trust. This sale is subject to a first Deed of Trust dated September 4, 2001 securing Bruceton Bank, assigned to West Virginia Housing Development Fund, and recorded in the aforesaid Clerk’ s Office in Deed of Trust Book 1047, at Page 49.
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]