010107912 March 1, 8
NOTICE OF SALE UNDER DEED OF TRUST
NOTICE IS HEREBY GIVEN that R. Mike Mullens, Substitute Trustee under that certain deed of trust dated the 4th day of January, 2013, made by AKZ, LLC a Delaware limited liability company, to Earl W. Maxwell, as Trustees, of record in the Office of the Clerk of the County Commission of Barbour County, West Virginia, in Trust Deed Book 361, at page 635, default having been made in the payment of the indebtedness secured by said deed of trust, and the undersigned having been requested to do so by Erik D. Lawrence, the owner and holder of the indebtedness secured by said deed of trust, will offer for sale at public auction at the front door of the Barbour County Courthouse, on:
THURSDAY, MARCH 16,2017 at 10:00 o’clock a.m.,
The property is described as all those certain tracts or parcels of real estate lying on pike Street, High Street and Wood Streets, town of Philippi, being known locally as " The Old Meyers Clinic ", situate in the City of Philippi, Philippi Corp. District, Barbour County, West Virginia being more particularly described as follows:
The following tracts being assessed on the 2016 Land Books of Barbour County, West Virginia in Philippi Corp. District as follows:
TRACT ONE: Part of Lots 78-79 Pike & Wood Map 4/Parcel 178
TRACT TWO: 4×39 strip Wood Street Map 4/Parcel 179
TRACT THREE: 52 x 160 ft Lot Map 4/Parcel 181
TRACT FOUR: 5375 square feet, High Street Map 4/Parcel 182
TRACT FIVE: 5.706 acres Surface Hill Field Map 4/Parcel 191
AND BEING the same real estate as conveyed unto AKZ, LLC a Delaware limited liability company by Erik D. Lawrence and Vickie Lawrence by deed dated January 4,2013 and of record in Deed Book 456, at page 584.
This conveyance is made subject to all reservations, covenants and restrictions contained in all prior instruments of record. TERMS OF SALE;
1. The property will be conveyed in an "AS IS" 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, assessments, encumbrances, restrictions, rights-of-ways, easements, covenants, conveyances and conditions, of any nature whatsoever, of record in the Clerk’s office or affecting the subject property.
2. The Beneficiary and/or Servicer of the Deed of Trust and Note reserve the right to submit a bid for the property at sale.
3. The Substitute Trustee reserves the right to reject any and all bids received and 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.
4. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate said 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.
5. The total purchase price is payable to the Substitute Trustee by certified or cashiers check within fifteen (15) days of the date of sale, with ten (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the Trustee at sale by certified or cashiers check.
Given under my hand this 6th day of February, 2017.
R. MIKE MULLENS, Substitute Trustee
WV State Bar No. 2681
324 Randolph Avenue
Elkins, WV 26241
304-636-7797