010120356 September 27, October 4, 11
NOTICE OF TRUSTEE’S SALE
NOTICE OF TRUSTEE’ S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, Pill & Pill, PLLC, by that certain Deed of Trust dated June 25, 2008, executed by the Borrowers, Chevella N. Britton and Gary W. Britton, to Trevor T. Hyre, the Trustee, of record in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in Book 1644, at Page 55. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of Rt. 1 Box 263B, Independence, WV 26374. Pill & Pill, PLLC was appointed as Substitute Trustee by a Substitution of Trustee dated March 10, 2016, of record in the Clerk’ s Office in Book 2110, at Page 34. The Borrowers defaulted under the Note and Deed of Trust and the Substitute Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute 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 the following date:
October 18, 2017 at 11:15 a.m.
The property is described as of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in Clinton District, Monongalia County, West Virginia, and being more particularly described as follows:
SITUATED IN CLINTON DISTRICT, MONONGALIA COUNTY, WEST VIRGINIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 1/2 INCH REINFORCING ROD (SET) STANDING ON THE SOUTHWESTERN RIGHT-OF-WAY LIMITS OF WEST VIRGINIA SECONDARY ROUTE 76 AND BEARING SOUTH 30 DEGREES 19′ 40" EAST 233.26 FEET FROM A POINT STANDING IN TEH CENTERLINE OF SAID ROUTE 76 AND STANDING IN A LINE OF A PARCEL CONVEYED TO GINA MARIE FOGLIA AND RALPH WHITE BY DEED RECORDED IN DEED BOOK 1118 AT PAGE 487; THENCE WITH THREE (3) LINES WITH SAID LIMITS OF ROUTE 76, SOUTH 55 DEGREES 54′ 10" EAST 58.56 FEET TO A 1/2 INCH REINFORCING ROD (SET); THENCE SOUTH 62 DEGREES 02′ 30" EAST 132.83 FEET TO A 1/2 INCH REINFORCING ROD (SET); THENCE SOUTH 58 DEGREES 32′ 30" EAST 247.41 FEET TO A 1/2 INCH REINFORCING ROD (SET); THENCE WITH A NEW DIVISION LINE, SOUTH 33 DEGREES 47′ 30" WEST (SAID LINE PASSES THROUGH A 1/2 INCH REINFORCING ROD (SET) STANDING AT A DISTANCE OF 144.16 FEET) 159.16 FEET IN ALL TO A POINT, SAID POINT STANDS IN THE CENTERLINE OF LAUREL RUN AND STANDS IN THE LINE OF A TRACT CONVEYED TO CHARLES AND RAYMOND AUSTIN BY WILL RECORDED IN WILL BOOK 61, AT PAGE 200; THENCE WITH THREE (3) LINES WITH SAID CENTERLINE OF LAUREL RUN AND SAID AUSTIN TRACT, NORTH 53 DEGREES 43′ 40" WEST 263.46 FEET TO A POINT; THENCE NORTH 46 DEGREES 27′ 40" WEST 96.04 FEET TO A POINT; THENCE NORTH 50 DEGREES 04′ 50" WEST 83.87 FEET TO A POINT; THENCE NORTH 35 DEGREES 43′ 30" EAST (SAID LINE PASSES THROUGH A 1/2 INCH REINFORCING ROD (SET) STANDING AT A DISTANCE OF 18.00 FEET) 99.34 FEET IN ALL TO THE BEGINNING, CONTAINING 59,115 SQUARE FEET OR 1.3571 ACRES, MORE OR LESS, AS SHOWN AND ILLUSTRATED ON THAT PLAT OF SURVEY PREPARED BY ALLAN J. WITSCHI, PS NO. 587, OF GREENLEAF SURVEY COMPANY, DATED APRIL 2, 1998, WHICH PLAT IS APPENDED HERETO AND INCORPORATED HEREBY IN THIS REFERENCE.
THIS CONVEYANCE IS EXPRESSLY MADE SUBJECT TO ALL PRIOR EXCEPTIONS, RESERVATIONS, COVENANTS, RESTRICTIONS, AGREEMENTS, MUNICIPAL ZONING ORDINANCES, LAND USE REGULATIONS, ASSESSMENTS, CHARGES, CONDITIONS, RIGHTS-OF-WAY, EASEMENTS, MINERAL SEVERANCES, AND LIMITATIONS OF USE AS HAVE BEEN IMPOSED UPON THE REAL PROPERTY HEREIN DESCRIBED AND CONVEYED BY THE GRANTORS AND THEIR PREDECESSORS IN TITLE.
ADDRESS: RT 1 BOX 263B; INDEPENDENCE, WV 26374 TAX MAP OR PARCEL ID NO.: MAP 32 PARCEL 12.8
Being the same property conveyed to Chevella N Britton and Gary W Britton by the Deed dated January 5, 2002 and recorded in Deed Book 1225 at Page 624 in the Office of the Clerk of the County Commission of Monongalia County, West Virginia.
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 11-22-1.
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 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.
6) The total purchase price is payable to the Trustee within thirty (30) days of the date of sale, with ten (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the Trustee at sale.
Pill & Pill, PLLC, Substitute Trustee
Richard A. Pill, Member
Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
[email protected]