010055323 February 10, 17
NOTICE OF SUCCESSOR TRUSTEE’S SALE
The undersigned Successor Trustee, Kathy M. Santa Barbara, by virtue of the authority vested in her by that certain Deed of Trust bearing date October 3, 2007, and recorded on October 3, 2007 in the office of the Clerk of the County Commission of Monongalia County, West Virginia, in Deed of Trust Book No. 1591, at page 52 (and as confirmed in that certain Quit Claim Deed dated June 22, 2011 and recorded on June 23, 2011 in the aforesaid Clerk’s office in Deed Book No. 1438, at page 56), and made by Benjamin F. Warner to George B. Armstead, as Trustee, under which Deed of Trust default having been made, and the undersigned Successor Trustee having been directed in writing to foreclose hereunder by the secured party, will offer for sale at public auction, at the front door of the County Courthouse in Monongalia County, West Virginia, at 234 High Street, Morgantown, West Virginia 26505, on Tuesday, February 24, 2015 at 11:00 o’clock a.m., the following described lot or parcel of real property, together with the improvements thereon and the appurtenances thereto, located and situate in Union District, Monongalia County, West Virginia, more particularly described as follows:
TURTLE CREEK VILLAGE: PHASE NO. 1, UNIT NO. TC-14A
All of Unit No. TC-14A of Phase No. 1 of Turtle Creek Village, as the same is shown, illustrated and designated upon that plat of survey prepared by David C. Sypolt, PS No. 897, dated February, 2004, of record in the office of the Clerk of the County Commission of Monongalia County, West Virginia, in Deed Book No. 1269, at Page 543 ("Property").
TOGETHER WITH a perpetual, non-exclusive easement and right of way, thirty (30) feet in width, as shown and illustrated on the above-referenced plat of survey, and that plat of survey of record in the Clerk’s Office in Map Cabinet No. 3, Envelope No. 88A, and designated thereon as Turtle Creek Drive, for purposes of ingress, egress, and regress to and from the Property and West Virginia State Route No. 82.
AND FURTHER TOGETHER WITH an undivided fractional interest in the Common Elements of Turtle Creek Village, as the same are defined and declared in the Declaration for Turtle Creek Village dated November 20, 2002, of record in the Clerk’s Office in Deed Book No. 1241, at Page 616, and any and all amendments and modifications thereof and supplements thereto.
AND BEING that same parcel of real estate conveyed to Benjamin F. Warner by deed from Cartus Relocation Corporation, a Delaware corporation, dated August 23, 2007, and recorded in the aforesaid Clerk’s office in Deed Book No. 1352, at page 319.
Said property is to be conveyed subject to all utility easements and rights-of-way of record, subject to all exceptions, reservations, conditions, covenants, restrictions, assessments, charges, agreements, municipal zoning ordinances, land use regulations, mineral severances, and other limitations of use as have been previously imposed upon the Property, subject to any restrictive covenants of record including, but not limited to, those conditions, covenants, restrictions, exceptions, reservations, easements, rights of way, and limitations of use set forth and contained in the Declaration of Turtle Creek Village dated November 20, 2002, of record in the Clerk’s Office in Deed Book No. 1241, at Page 616, and any and all amendments and modifications thereof and supplements thereto, and subject to the terms and provisions of the articles of incorporation and bylaws of Turtle Creek Property Owners’ Association, Inc., and any and all amendments and modifications thereof and supplements thereto, and subject to any and all items and matters shown and illustrated on the plats of survey showing and illustrating Turtle Creek Village, and any and all amendments, modifications, and revisions thereof and supplements thereto, and further subject to any unpaid real estate taxes.
THE SUBJECT PROPERTY, INCLUDING ANY IMPROVEMENTS THEREON, WILL BE SOLD IN "AS IS" CONDITION WITHOUT WARRANTY OF ANY KIND. THE SUCCESSOR TRUSTEE SHALL BE UNDER NO DUTY TO CAUSE ANY EXISTING TENANT OR PROPERTY OWNER OCCUPYING THE SUBJECT PROPERTY TO VACATE SAID PROPERTY.
TERMS OF SALE: Ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the sale price shall be paid by cash, cashiers check, or check guaranteed by bank letter of credit in acceptable form, in hand on the day of sale, with the balance to be paid in cash at closing within thirty (30) days after the sale date, time being of the essence. Purchaser shall pay for all closing costs, including, but not limited to, transfer stamps, deed preparation, delinquent and current real estate taxes, fire fees, ambulance fees, and recording fees.
FEDERAL TAX LIENS: In the event that there are federal tax liens against the property, the United States of America has the right to redeem the property within 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer.
Any sale hereunder may be adjourned from time to time without notice other than oral proclamation at the time and place appointed for the sale. The Successor Trustee reserves the right to reject any and all bids.
The Successor Trustees, Kathy M. Santa Barbara and Todd Johnson, or either of them, are fully vested with authority to sell the property as trustees by virtue of a certain Notice of Appointment of Successor Trustees dated the 6th day of January, 2015, and made by First United Bank & Trust, and recorded in the aforesaid Clerk’s office in Deed of Trust Book No. 2039, at page 759.
Any person having any inquiries regarding the sale should contact the Successor Trustee whose signature appears below by one of the means set forth below.
Dated this 16th day of January, 2015.
Kathy M. Santa Barbara, Successor Trustee
518 West Stephen Street
Martinsburg, WV 25401
Telephone – (304) 264-0000
Facsimile – (304) 263-2527
2t: 2/10/15
2/17/15