010058949 March 24, 31
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(s) by that certain Deed of Trust dated September 27, 2006, executed by Kimberly D. Everson to Jeffrey L. Arnett, Trustee, of record in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in Book 1504, at Page 180, which Deed of Trust was assigned by Mortgage Electronic Registration Systems, Inc. to The Huntington National Bank by ASSIGNMENT dated February 9, 2015, of record in the Clerk’s Office in Book 124, at Page 669. Hereford & Riccardi, PLLC. was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated February 13, 2015, of record in the Clerk’s Office in Book 2046, at Page 182. 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:
WEDNESDAY, APRIL 1, 2015, AT 2:00 O’CLOCK P.M.
The property is described as all those certain lots or parcels of land, together with the appurtenances thereunto belonging, situate in First Ward District, Monongalia County, West Virginia, more particularly bounded and described as follows:
PARCEL 1:
Beginning at a ½ inch iron pipe, found, on the southern edge of an undeveloped 10 foot alley; thence S. 32 degrees 47 minutes W. 17.25 feet to a ½ inch rebar, found, on the northern edge of a 32 foot wide right-of-way for West Virginia Avenue; thence with same, S. 38 degrees 15 minutes W. 79.75 feet to a ½ inch rebar, found, a common corner to Kelley; thence with same, N. 51 degrees 45 minutes W. 99.32 feet to a ½ inch iron pipe, found on the southern edge of an undeveloped 12 foot alley; thence with same; N. 38 degrees 15 minutes E. 93.50 feet to a ½ inch rebar, found; thence 53 degrees 44 minutes E. 97.72 feet to the point of beginning, containing 9,440 square feet, more or less, and being all of Lot No. 1 and parts of Lots Nos. 2 and 3 of the Gardner Addition as shown on a plat dated April 27, 1993, prepared by William P. Foley, RPCE #4449, Blue Mountain Engineering, attached hereto and made a part of this description.
PARCEL 2:
That certain 6 foot wide strip, being one-half of an unnamed 12 foot wide alley running with and along the northwestern boundary line of the First Parcel herein conveyed for a distance of 93.50 feet as the same was vacated, abandoned and annulled by the City of Morgantown by Ordinance #92-34 of the Common Council of the City of Morgantown and recorded in the aforesaid Clerk’s Office in Deed Book No. 1054, at Page 248. There was reserved from said parcel the rights to retain sewer and utility rights-of-way over, under and across same for the benefit of the City of Morgantown.
This conveyance is made subject to any and all existing reservations, restrictions, rights-of-way and conditions as are contained in the chain of title to said property.
This is the same property conveyed unto Kimberly D. Everson by deed dated September 27, 2006, of record in the Clerk’s Office in Book 1327, at Page 179.
TERMS OF SALE:
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 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 (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 9th day of March 2015.
HEREFORD & RICCARDI, PLLC-TRUSTEE
By: Philip B. Hereford, Member
405 Capitol Street, Suite 306
Charleston, West Virginia 25301
Phone: (304) 346-1800