010115981 July 10, 17
NOTICE OF TRUSTEE’S SALE
TO: Michael C. Brown
Notice is hereby given that on the 26th day of July, 2017, at 10:00am at the front doors of the Monongalia County Courthouse in Morgantown, West Virginia, Jeffery S. Compton, Substitute Trustee, will sell at public auction the real estate reported to have a mailing address of 5201 Mountain View Manor, Morgantown, WV 26501 ("the Real Estate"), and described below, pursuant to the authority granted by the following instruments:
(1) that certain Deed of Trust ("the Deed of Trust") executed by Michael C. Brown ("the Grantor") to Joshua S. Rogers, Trustee, for Linda K. Lutman ("Lender"), bearing the date of the 16th day of February, 2016 and recorded in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in Trust Deed Book 2106, at Page 624;
(2) an Appointment of Substitute Trustee, appointing Jeffery S. Compton as Substitute Trustee, instead of and in place of Joshua S. Rogers, recorded on the 30th day of January, 2017, in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in Deed of Trust Book 2165, at Page 642.
As the Grantors of the Deed of Trust have defaulted in the payment of the indebtedness secured by the Deed of Trust, Linda K. Lutman, the owner and holder of the note evidencing such indebtedness, has formally instructed the undersigned Trustee to advertise and sell the Property, on the terms and conditions more particularly set forth in the Deed of Trust. Therefore, I, Jeffery S. Compton, the undersigned Trustee, will sell to the highest bidder, the Real Estate as conveyed to the beneficial holder of the Deed of Trust and described as follows:
All that certain lot or parcel of real estate lying and being situate in Morgan District, Monongalia County, West Virginia, and being more particularly described as follows, to-wit:
Unit 1 of Building E of Mountain View Manor Condominium as the same is designated upon plats of said Condominium recorded in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in Map Cabinet Envelope Nos. 170-A, 170-B, 171-A. 171-B, and 172-B, and as more particularly described on the Declaration of Condominium thereof, recorded in the Clerk’s Office in Deed Book 925, at Page 316, and as amended by Amendment No. 1 thereto, recorded in the Clerk’s Office in Deed Book 929, at Page 493, together with all appurtenances thereunto belonging, including an undivided interest in the Common Elements of the Condominium, as set forth in said Declaration of Condominium.
Being the same real estate conveyed to Michael C. Brown, by deed from Linda K. Lutman, dated February 16, 2016, of record in the Office of the Clerk of the County Commission of Monongalia County, West Virginia in Deed Book 1543, at Page 434, to which said Deed reference is hereby made for all pertinent purposes. This conveyance is made subject to any and all existing reservations, restrictions, rightsof-way and conditions as are contained in the chain of title to said property.
This sale will be made subject to any persons in possession and the rights of any tenants therein, and the Real Estate will be sold "as is" and "where as," without any representation or warranty, express or implied, as to the condition of the improvements, the availability of utilities, the existence of latent or patent defects, the existence of any defect affecting the quality or marketability of the title thereof, and matters which would be revealed by an accurate survey or visual inspection of the premises, the improvements thereon and its boundaries.
TERMS OF SALE: The Real Estate will be sold for cash in hand on day of sale. All those intending to be present and bid at the time and place of sale must register with a valid proof of identity, an original, valid and enforceable letter of credit, in executed form, setting forth a certification of immediately available "good funds," the bank or source of the same, in amounts equivalent to any proposed bid, all being subject to Trustee or secured principal party approval. All bids may be freely assigned to qualified parties or entities. Purchaser is liable for all taxes due on the real estate. Purchaser shall pay all fees for transfer tax stamps, advertising and recording costs incurred pursuant to said bid, purchase and transfer. The undersigned Trustee reserves the right to continue this sale from time to time and to reject any and all bids or offers.
FEDERAL TAX LIEN NOTICE: In the event that there are Federal Tax Liens against the property, the United States of America would have the right to redeem the property within a period of one hundred and twenty (120) days from the date of said sale, or the period allowable for redemption under local law, whichever is longer.
Dated this 23rd day of June, 2017.
Jeffery S. Compton, Substitute Trustee Compton & Associates, PLLC
125 Greenbag Road
Morgantown, WV 26501