010056583 February 7, 14
NOTICE OF TRUSTEE’S SALE
Pursuant to the authority vested in the undersigned Philip C. Petty, Substitute Trustee by Notice of Substitution of Trustee which notice is of record in the Office of the Clerk of the County of Commission of Monongalia West Virginia, and by Deed of Trust dated June 1, 2012, executed by Learning Curve and Susan P. Hein to BB&T Collateral Service Corporation, Trustee, which deed of trust is of record in the Office of the Clerk of Monongalia County, West Virginia, in Trust Deed Book 1879 at Page 219, the undersigned Substitute Trustee has been requested, in writing, by the beneficiary of said deed of trust to sell the real estate described below, as there has been a default under the terms and conditions of said deed of trust. Therefore, the undersigned Substitute Trustee will sell the real estate described in the Deed of Trust, at a public auction on March 5, 2015 at 10:00 a.m. to the highest bidder at the front door of the Courthouse of said County of Monongalia, in Morgantown, West Virginia, which real estate is more completely described as follows:
ALL THE FOLLOWING DESCRIBED REAL ESTATE, TOGETHER WITH THE BUILDINGS AND IMPROVEMENTS THEREON AND THE APPURTENANCES THEREUNTO BELONGING, SITUATE, LYING AND BEING IN THE SEVENTH WARD OF THE CITY OF MORGANTOWN, MONONGALIA COUNTY, WEST VIRGINIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT:
FIRST PARCEL: ALL OF LOT NO. 6, IN BLOCK 5, AS LAID DOWN AND DESIGNATED ON THE OFFICIAL SALE MAP OF THE SUNCREST ADDITION, A COPY OF WHICH MAP IS OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF MONONGALIA COUNTY, WEST VIRGINIA, IN DEED BOOK 199, PAGE 276 1/2; SAID LOT NO. 6 HAS A FRONTAGE OF 40 FEET ON THE WESTERN SIDE OF EASTERN STAR WAY AND EXTENDS BACK WITH GRADUALLY INCREASING WIDTH IN A WESTERLY DIRECTION FOR A DISTANCE OF 105 FEET; THE WESTERN LINE OF SAID LOT IS 50.52 FEET WIDE.
SECOND PARCEL: ALL OF LOT NO. 7, IN BLOCK 5, AS LAID DOWN AND DESIGNATED ON THE OFFICIAL SALE MAP OF THE SUNCREST ADDITION, A COPY OF WHICH MAP IS OF RECORD IN SAID CLERKS OFFICE IN DEED BOOK NO. 199, AT PAGE 276 1/2; SAID LOT NO. 7 HAS A FRONTAGE OF 40 FEET ON THE WESTERN SIDE OF EASTERN STAR WAY AND EXTENDS BACK THEREFROM WITH INCREASING WIDTH IN A WESTERLY DIRECTION FOR A DISTANCE OF 105 FEET; THE WESTERN END OF SAID LOT IS 62.70 FEET LONG.
THERE IS EXCEPTED AND RESERVED, HOWEVER, FROM LOT NO. 7, IN BLOCK 5, AND NOT CONVEYED HEREBY, A SMALL PARCEL 5 FEET BY 25.53 FEET AS CONVEYED TO ROBERT B. REGER AND MARIAN J. REGER, HUSBAND AND WIFE, BY DEED FROM FARMERS AND MERCHANTS BANK OF MORGANTOWN, WEST VIRGINIA, AS EXECUTOR OF THE ESTATE OF ELIZABETH HALL ROWAN, DATED SEPTEMBER 11,1970, OF RECORD IN THE SAID CLERKS OFFICE IN DEED BOOK 700, AT PAGE 629.
TERMS OF SALE
1. Cash in hand paid on the day of sale.
2. The sale of the property will be made subject to all matters having priority over the deed of trust referred to herein including but not limited to any and all assessments and taxes against said property, all prior liens, encumbrances, lease, restrictions, covenants, conditions, right of ways and easements of any nature whatsoever.
3. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code § 11-22-2.
4. The subject property will be sold in "AS IS" condition. The Substitute Trustee makes no representations and warranties of any kind or character including, but not limited to, the condition of the real estate or the title to the real estate to be conveyed.
5. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
6. The Substitute Trustee reserves the right to adjourn the sale, for a time, or from time to time, without further notice by announcement at the time and place of the sale described above.
7. The beneficiary of the Deed of Trust and holder of the note thereby secured reserves the right to submit a bid for the property at the sale, which bid may be in the form of a credit bid.
8. Such other terms as may be announced at the time of Sale.
Given under my hand this 3rd day of February, 2015.
Philip C. Petty, Substitute Trustee