010069240 July 24, 31
NOTICE OF TRUSTEE’S 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 Monongalia West Virginia, and by Deed of Trust dated April 7, 2006, executed by James S. Sachse to BB&T Collateral Service Corporation, Trustee, which deed of trust is of record in the Office of the Clerk of Monongalia County, West Virginia, in Trust Deed Book 1461 at Page 292, 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 August 20, 2015 at 10:00 a.m. to the highest bidder at the front door of the Courthouse of said County of Monongalia, in Morgantown, West Virginia, which real estate is more completely described as follows:
All that certain lot or parcel of real estate lying and being situate in the Fifth Ward of the City of Morgantown, Morgan District, Monongalia County, West Virginia, and being more particularly described as follows, to-wit:
Beginning at a 1/2" iron pin set on the southern right of way limits of Clinton Avenue, corner to Lots 3 and 4; thence with southern right of way limits of Clinton Avenue N. 43° 30′ E. 40.00 feet to a 1/2" iron pin set, comer to Lots 2 and 3; thence leaving line of Clinton Avenue and running with line of Lots 1 and 2 S. 46° 30′ E. 100.00 feet to a 1/2" iron pin set on the northern right of way limits of McKinley Avenue, comer to Lots 1 and 3; thence with northern right of way limits of McKinley Avenue S. 43° 30′ W. 40.00 feet to a 1/2" iron pin set, corner to Lots 3 and 4; thence leaving McKinley Avenue and running with one line of Lot 4 N. 46° 30′ W. 100.00 feet to the place of beginning, being all of Lot 3 in Block J of the East End Addition; as more fully shown on a plat dated August, 1989, prepared by McCoy Surveying.
TERMS OF SALE
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, right of ways and easements of any nature whatsoever.
3. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code ยง 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 20th day of July, 2015.
______________________________
Philip C. Petty, Substitute Trustee
304-529-8560