Monongalia

NOTICE

010080531 December 28, January 4
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 October 25, 2005, executed by Tracy D. Davis and Elizabeth A. Davis to Carl H. Cather, III, Trustee, of record in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in Book 1425, at Page 369, which Deed of Trust was assigned by Mortgage Electronic Registration Systems, Inc. to The Huntington National Bank by ASSIGNMENT dated November 3, 2014, of record in the Clerk’s Office in Book 123, at Page 729. Hereford & Riccardi PLLC was appointed as Substitute Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated November 18, 2014, of record in the Clerk’s Office in Book 2033, at Page 510. 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:

TUESDAY, JANUARY 5, 2016, AT 11:30 O’CLOCK A.M.

The property is described as all of the following described real estate, together with the buildings and improvements thereon, situate in and adjoining the Village of Wana, Battelle District, Monongalia County, West Virginia, being more particularly described as follows:

Beginning at a post in the division line between lands of Morris Heirs and this tract of land herein conveyed and also in the division line of lands of Isaac Cross, thence N. 55 3/3 E. 634 feet to a post; thence N. 21 ½ E. 340 feet to a post in the old road; thence with the center line of said road, N. 23 ¼ W. 108 feet to a small locust; N. 40 ½ W. 130 feet to a post, N. 65 ¼ W. 156 feet to a post; N. 88 ¼ W. 306 feet to a post; N. 49 ¼ W. 250 feet to a post; S. 48 W. 54 feet to a post; N. 42, W. 90 feet to a post; S. 48 W. 250 feet to a post; S. 44 E. 82 feet to a post; S. 43 W. 100 feet to a post; N. 86 ¾ W. 60 feet to a post; S. 44 W. 91 feet to a post; S. 84 ¾ E. 95 feet to a post; S. 30 E. 879 feet to the beginning, containing 16.8 acres, more or less, as shown upon a plat of said parcel of land of record in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in Deed Book 396, at Page 99.

This is the same real estate conveyed to Tracy D. Davis and Elizabeth A. Davis by Deed dated December 6, 2004, of record in the Clerk’s Office in Book 1284, at Page 235.

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 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 percent (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 14th day of December 2015.

HEREFORD & RICCARDI, PLLC-TRUSTEE

By: ::::::_
Philip B. Hereford, Member
405 Capitol Street, Suite 306
Charleston, West Virginia 25301
Phone: (304) 346 1800
WVSB #1687