010071667 August 28, September 4, 11
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 July 29, 2009, executed by Borrowers Jack Nuce Raber and Gregory Raber, to Janet Phillips, the Trustee of record in the office of the Clerk of the County Commission of Monongalia County, West Virginia, in Book 1708, at Page 332. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 19 Western Avenue, Westover, WV 26501. Pill & Pill, PLLC was appointed as Substitute Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated June 22, 2015, of record in the Clerk’s Office in Book 2071, Page 156. The borrowers 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:
September 18, 2015 at 3:42 p.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 Grant / Westover (tax) District, Monongalia County, West Virginia, and being more particularly described as follows:
ALL THAT CERTAIN LOTS OR PARCELS OF REAL ESTATE SITUATE AND BEING IN THE CITY OF WESTOVER, GRANT DISTRICT, MONONGALIA COUNTY, WEST VIRGINIA, AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS TO-WIT:
FIRST PARCEL: THE NORTHERN ONE-HALF (1/2) OF LOTS NOS. 14 AND 15, N BLOCK 27, AS THE SAME ARE LAID DOWN AND DESIGNATED ON THE OFFICIAL SALES PLAT OF THE MORGANTOWN BRICK COMPANY PLAN OF LOTS KNOWN AS PLAN NO. 2, WHICH SAID PLAT OR PLAN OF LOTS IS OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF MONONGALIA COUNTY, WEST VIRGINIA, IN DEED BOOK NO. 94, AT PAGE 423, EACH OF SAD LOTS FRONT FOR A DISTANCE OF 40 FEET ON VIRGINIA AVENUE FOR A TOTAL OF 80 FEET AND EXTEND BACK THEREFROM WITH EQUAL AND UNIFORM WIDTH BETWEEN TWO ALLEYS FOR DISTANCE OF 50 FEET; AND BEING THE SAME REAL ESTATE CONVEYED TO SYLVIA A. LUZADER, A SINGLE PERSON, BY DEED FROM JAMES M. STATLER AND JOY M. STATLER, HIS WIFE, BY DEED BEARING DATE THE 2ND DAY OF OCTOBER, 1986, AND OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF MONONGALIA COUNTY, WEST VIRGINIA, IN DEED BOOK NO. 950, AT PAGE 184.
SECOND PARCEL: BEGINNING AT A POINT STANDING IN THE EASTERN RIGHT-OF-WAY UNITS OF ALLEY AND STANDING AS THE SOUTHWEST CORNER TO A PARCEL CONVEYED TO SYLVIA A. LUZADER AND STANDING SOUTH 03 DEGREES 30 MINUTES 00 SECONDS WEST 50 FEET FROM A 1/2 INCH REINFORCING ROD (SET) STANDING ON THE SOUTHERN RIGHT-OF-WAY LIMITS OF WESTERN AVENUE; THENCE WITH SAID PARCEL OF SYLVIA S. LUZADER SOUTH 86 DEGREES 30 MINUTES 00 SECONDS EAST 80.00 FEET TO A 1/2 INCH REINFORCING ROD (SET), SAID ROD STANDS IN THE WESTERN RIGHT-OF-WAY LIMITS OF ALLEY THENCE WITH SAID LIMITS OF ALLEY SOUTH 03 DEGREES 30 MINUTES 00 SECONDS WEST 8.00 FEET TO A ½ INCH REINFORCING ROD (SET); THENCE WITH A NEW DIVISION LINE THROUGH LOTS NOS. 14 AND 15 OF BLOCK NO. 27, OF THE MORGANTOWN BRICK COMPANYS PLAN NO. 2, NORTH 86 DEGREES 30 MINUTES 00 SECONDS WEST 80.00 FEET TO An INCH REINFORCING ROD (SET), SAID ROD STANDS IN THE SAID LIMITS OF ALLEY THENCE WITH SAID ALLEY NORTH 03 DEGREES 30 MINUTES 00 SECONDS EAST 8.00 FEET TO THE BEGINNING, CONTAINING 640 SQUARE FEET., MORE OR LESS, AS SURVEYING COMPANY, A COPY OF WHICH SAID PLAT IS RECORDED IN DEED BOOK 1022, AT PAGE 581, AND IS INCORPORATED HEREIN BY REFERENCE; AND BEING THE SAME REAL ESTATE CONVEYED TO SYLVIA A. LUZADER, A SINGLE PERSON BY BARBARA A. SMITH A SINGLE PERSON, BY DEED BEARING DATE THE 20TH DAY OF NOVEMBER, 1986, AND OF RECORD IN THE AFORESAID COUNTY CLERKS OFFICE IN DEED BOOK NO. 952, AT PAGE 37. MAP 4/ PARCEL 145.1; TAX ID: 54868
BEING THE SAME FEE SIMPLE PROPERTY CONVEYED BY SPECIAL WARRANTY DEED FROM NEW AUGUSTA, INC., BY: STEPHEN K. SHUMAN ITS PRESIDENT TO JACK NUCE RABER and GREGORY RABER JOINT TENANTS WITH THE RIGHT OF SURVIVORSHIP, DATED 06/10/2004 RECORDED ON 06/15/2004 IN VOLUME 1274, PAGE 422 IN MONONGALIA COUNTY RECORDS, STATE OF WV.
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 within thirty (30) days of the date of sale, with ten (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the Trustee at sale.
Pill & Pill, PLLC, Substitute Trustee
BY:_______________________________, Member
Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
[email protected]