Randolph

NOTICE OF SUBSTITUTE TRUSTEE’S SALE

NOTICE OF SUBSTITUTE TRUSTEE’S SALE

NOTICE OF SUBSTITUTE 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 Trustees by that certain deed of trust dated the 6th day of December, 2006, made by Eileen Decarlo to David H. Wilmoth and David J. Orr Trustee,s of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Trust Deed Book 420, at page 490. R. Mike Mullens has been appointed Substitute Trustee. 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 offer for sale at public auction to the highest bidder(s), the following hereinafter described real estate to the highest bidder at the front door of the Randolph County Courthouse on:

WEDNESDAY, AUGUST 26, 2015 at 10:00 a.m.,

The property is described as all that certain tract or parcel of real estate situate in Leadsville District, Randolph County, West Virginia, designated as Lot No 12, in the Teaberry Hills Development as shown on the plat of the development of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Deed Book 272, at page 141, together with any and all improvements situate thereon and any and all appurtenances that may benefit the same.

AND BEING the same real estate as conveyed unto Eileen DeCarlo by the Last Will and Testament f James F. DeCarlo of record in the Office of the Clerk of the County Commission of Randolph County in Will Book 22, at page 54. The said Eileen DeCarlo died testate on January 8, 2015 and by virtue of the Laws of Descent and Distribution for the State of West Virginia, the property descended to her daughter, Elizabeth Roy, her sole heir at law,

This conveyance is made subject to any and all reservations, covenants and restrictions, exceptions, rights of way and easements as set forth in prior instruments of record in the chain of title to said real estate.

TERMS OF SALE:
Sale of real estate will be made by the Substitute Trustee by public auction to the highest bidder. The real estate shall be sold by the Substitute Trustee in the manner he determines, in his sole discretion, whether it be in one or several lots or parcels. The Substitute Trustee reserves the right to reject any bid that in his opinion is inadequate. The highest bidder(s) will be required to tender a deposit of ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the purchase price in cash or immediately available funds by the end of the day of sale, and the remainder of the purchase price will be due within thirty (30) days of the sale. The Substitute Trustee reserves the right to accept or reject such other terms as to payment or delivery of payment as may be agreed to by the Substitute Trustee and the bidder(s). If the successful bidder(s) fails to deliver the deposit and/or total purchase price within the prescribed time the Substitute Trustee may proceed to resell the real estate, or the applicable portion thereof, pursuant to the Deed of Trust or, at the discretion of the Substitute Trustee, convey the real estate to the next highest bidder if such bidder will honor said bid.

The Substitute Trustee also reserves the right to continue the sale of all or any one or more of the lots or parcels of real estate from time to time by oral proclamation or by posting a notice of the same where legal notices are posted in Randolph County, West Virginia, which continuation shall be in the sole discretion of the Substitute Trustee. Should the Substitute Trustee not appear at the time appointed for the sale and there is no notice posted of a continuance, please contact the office of the Substitute Trustee to make further inquiry. Please direct any inquires or objections to the sale to the Substitute Trustee in writing at the following address: Substitute Trustee, R. Mike Mullens, Esq., at R. Mike Mullens & Associates, LC, 324 Randolph Avenue, Elkins, West Virginia 26241, (304) 636-7797. Any sale may be conducted or adjourned by the designated agent or attorney of the Substitute Trustee. The Substitute Trustee reserves the right to have an auctioneer call the sale of one or more of the parcels of lots to be sold. The beneficiary under the Deed of Trust or its designee may purchase the real estate at the sale, in whatever manner sold, and in such case, the beneficiary shall have the right to credit against the amount of the successful bid(s) made therefore all or any of the secured debt then due.

Conveyance will be made by the Substitute Trustee’s Deed in the form prescribed by W.Va. Code 38-1-6, subject to any and all effective and enforceable exceptions, reservations, conditions, covenants, restrictions, limitations, assessments, easements, rights of way, mineral severances and other encumbrances as have been created with respect to and/or imposed upon said real estate by the Grantor or its predecessors in interest in title prior to the recording of the Deed of Trust in the aforesaid Clerk’s office. Every lot or parcel of the real estate, and any improvements located thereon, are sold in “AS IS” condition. The Substitute Trustee does not make any representations or warranties as to the physical condition of the real estate. Prospective purchasers are responsible for inspecting the title to the real estate prior to the Substitute Trustee’s Sale. Any and all legal procedural requirements to obtain physical possession of the real estate after the sale are the responsibility of the purchaser(s). Risk of loss or damage will be the purchaser’s from and after the foreclosure sale. All outstanding taxes, assessments and utility charges will be the responsibility of the purchaser(s). All settlement fees, costs of conveyance, examination of title and recording charges shall be at the expenses of the purchaser(s). Substitute Trustee makes no representations regarding the state of title to the real estate. Purchaser(s) shall bear the responsibility and risk of any inspection of the lots or parcels comprising the real estate,
and shall take title to the real estate subject to any existing leases, land contracts, or other agreements recorded and unrecorded affecting the real estate. If the Substitute Trustee cannot convey title to one or more lots or parcels, purchaser’s sole remedy is the return of the purchase money paid by the purchaser(s) for the purchase of any such lots or parcels. The purchaser(s) shall be responsible for the payment of the transfer taxes imposed by Article 2 of Chapter 11 of the West Virginia Code. Sale is made subject to the right of the Internal Revenue Service to redeem the real estate as provided by Section 7425 of the Internal Revenue Code of 1986, as amended. Additional terms and conditions shall be announced at sale.

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.

Given under my hand this 30th day of July, 2015.

R. MIKE MULLENS, Substitute Trustee
WV State Bar No. 2681
324 Randolph Avenue
Elkins, WV 26241
304-636-7797
8/12, 8/19