010055962 February 11, 18
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 14, 2010, executed by Tina J. Zeff to Christopher A. Barnum, Trustee, of record in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in Book 1744, at Page 19, which Deed of Trust was assigned by Mortgage Electronic Registration Systems, Inc. to The Huntington National Bank by ASSIGNMENT dated January 2, 2015, of record in the Clerk’ s Office in Book 124, at Page 340. Hereford & Riccardi, PLLC was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated January 13, 2015, of record in the Clerk’ s Office in Book 2040, at Page 711. 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:
THURSDAY, FEBRUARY 19, 2015, AT 3:30 O’ CLOCK P.M.
All those certain lots or tracts of land, together with the buildings and improvements thereon and the appurtenances thereunto belonging, situate, lying and being in Clinton District, Monongalia County, West Virginia, more particularly bounded and described as follows:
Parcel One:
The following parcel of real estate situated in the Village of Smithtown, in Clinton District, Monongalia County, West Virginia, known as “Johnson Lot” : Beginning at a post in the northeast corner of the intersection of the old Morgantown-Bridgeport pike with the road to Opekiska and the road to Fairmont, and running thence South 84° 18’ East 48 feet to a post in the line of said pike; thence North 51° 25’ East 53.80 feet to a post; thence leaving the line of said pike and running thence North 6° 36’ East 138.40 feet to a post; thence South 72° 45’ West 107 feet to a stone in the line of the Opekiska Road; thence South 1° 26’ West 134.55 feet to a post at the place of beginning.
Parcel Two:
All of the following described tract or parcel of real estate in the Village of Smithtown, in Clinton District, Monongalia County, West Virginia bounded and described as follows:
Beginning at a stake by road and in line of lands formerly owned by John Steele; thence North 35 ½° West 4 poles to stone; thence South 53° West 12 poles to stone; thence South 4 ¼° West 8 ½ poles to post; thence North 45 ¾° East 19 ½ poles to place of beginning, containing 82 rods more or less, it being the same tract or parcel of land upon which is located the mansion house of the late Dr. S.E.B. Kramer.
Parcel Three:
Beginning at a post at a corner of Bunner’ s land in line of Kramer and running with the line of Kramer South 55° West 199.6 feet; thence continuing with said line South 69° West 95.7 feet to a corner to Kramer and the right of way of the Opekiska Road; thence running with said road, North 1° West 307 feet to a culvert under said road and corner to Bunner’ s land; thence with said Bunner’ s line South 49° East 311 feet to the beginning, containing 1.08 acres, more or less, as shown on a plat made by E. R. Zinn, Surveyor.
This is the same property conveyed to Tina J. Zeff by deed dated April 9, 2010, of record in the Clerk’ s Office in Book 1411, at Page 149.
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 11-22-2.
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 28th day of January, 2015.
HEREFORD & RICCARDI, PLLC-TRUSTEE
By: ____
Philip B. Hereford, Member
405 Capitol Street, Suite 306
Charleston, West Virginia 25301
Phone: (304) 346-1800