010053384 January 2, 9
NOTICE OF TRUSTEE’S SALE
NOTICE OF TRUSTEE’ S SALE and Notice of the Beneficiary/Servicer’ s election to sell property is hereby given pursuant to and by virtue of the authority vested in the Trustee by that certain Deed of Trust dated April 26, 2006, executed by Clarence R. Sharp and Robin L. Sharp to Daniel T. Baker, Trustee, of record in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in Vol. 1462, at Page 76. Hereford & Riccardi, PLLC was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated November 18, 2014, of record in the Clerk’ s Office in Vol. 2032, at Page 500. The borrowers defaulted under the Note and Deed of Trust and the Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the 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:
MONDAY, JANUARY 12, 2015, AT 3:00 O’ CLOCK P.M.
The property is described as all those certain tracts or parcels of real estate, together with the buildings and improvements thereon, situate in the First Ward District to the City of Morgantown, Monongalia County, West Virginia, being more particularly described as follows:
First Parcel: Beginning at a stake, corner to McBee lands on Dorsey Avenue and running east with the same 154 feet, more or less, to the Anderson line; thence with the Anderson line, in a northerly direction, 40 feet to a stake; thence in a southwesterly direction 152 feet to a stake; thence in a southwesterly direction 152 feet, more or less, to the line of Dorsey Avenue, thence up Dorsey Avenue in a southwesterly direction, 50 feet to the place of beginning.
First Parcel: Beginning at a point, which point is the line of intersection of Dorsey Avenue with a ten (10) foot alley and running thence with the southern side of a ten (10) foot alley in an easternly direction 157 feet, more or less, to the Anderson line and thence with the Anderson line in a southernly direction, 40 feet to a point, corner to Anderson and J.W. Stump; thence with the line of said Stump in a westerly direction, 155 feet, more or less, to a point in the eastern line of Dorsey Avenue, in a northernly direction, 50 feet to the place of beginning.
This is the same property conveyed to Clarence R. Sharp and Robin L. Sharp by Deed dated April 25, 2006, of record in the Clerk’ s Office in Book 1316, at Page 242.
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 11-22-2.
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 the 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 cashier’ s check, cash or the equivalent 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 cashier’ s check, cash or the equivalent.
Given under my hand this 18th day of December, 2014.
HEREFORD & RICCARDI, PLLC-TRUSTEE
By: _____________________________
Philip B. Hereford, Member
405 Capitol Street, Suite 306
Charleston, West Virginia 25301
Phone: (304) 346-1800