Mercer

NOTICE

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 17, 1991, executed by James E. Little and Peggy A. Little to John C. Musgrave, Trustee, of record in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Book 660, at Page 724. Hereford & Riccardi, PLLC was appointed as Trustee by SUBSTITUTION OF TRUSTEE dated September 23, 2015, of record in the Clerk’s Office in Book 1304, at Page 353. 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 Mercer County, in Princeton, West Virginia, on: FRIDAY, DECEMBER 18, 2015, AT 1:30 O’CLOCK P.M. All that certain lot or parcel of real estate, together with the improvements thereon and the appurtenances thereunto, situate in East River District, Mercer County, West Virginia, designated as Lot No. 27 on a map of Village Glen, prepared by Faulkner Engineering, Inc., Princeton, West Virginia, as Microfilm Plat No. 4957, and also shown upon a plat of survey bearing the legend, “PLAT OF SURVEY SHOWING THE SURVEY OF LOT #27 OF THE VILLAGE GLEN SUBDIVISION, BEING THE PROPERTY DESCRIBED IN D.B. 699 Pg. 280, SITUATE ON THE WATERS OF GLADE FORK APPROX. 1 MI. WEST OF PRINCETON, EAST RIVER DIST. MERCER CO. WV. SCALE 1″=20′, SURVEYED 7-90 BY RONALD D. FINK P.L. S. RT 9 BOX 71B PRINCETON, WV, 24740.”, intended to be made a part hereof and recorded simultaneously herewith, and which said Lot 27, is more particularly bounded and described as follows: BEGINNING at a point and being the common corner of Lots 26 and 27 as shown on said Map; thence N. 09? 15 W. 70 feet to the common western corner of Lots 27 and 28; thence N. 80? 45 E. 90 feet to a point in the line of Lot 34 and being the common eastern corner of Lots 27 and 28; thence S. 09? 15 E. 70 feet to a point in the line of Lot 35 and being the common eastern corner of Lots 26 and 27; thence S. 80? 45 W. 90 feet to the point of BEGINNING. This is the same property conveyed to James E. Little and Peggy A. Little by deed dated March 25, 1991, of record in the Clerk’s Office in Book 709, at Page 705. 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 ? 11-22-2. 3) Real estate taxes due and payable have been paid. All real estate taxes hereafter will be the responsibility of the purchaser. 4) 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. 5) 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. 6) 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. 7) 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 percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the Trustee at sale by cashier’s check, cash or the equivalent. There will be no refund granted of any amount if the third party purchaser elects not to purchase the property for any reason. Minimum acceptable bid will be $12,500.00. 8) For more information on this property, please see listing on the PROPERTIES FOR SALE WEBSITE: http://www.resales.usda.gov/. Given under my hand this 24th day of November, 2015. HEREFORD & RICCARDI, PLLC-TRUSTEE By: Philip B. Hereford, Member 405 Capitol Street, Suite 306 Charleston, West Virginia 25301 WV State Bar No. 1687 Phone: (304) 346-1800