NOTICE OF TRUSTEEáS 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 by that certain Deed of Trust dated March 31, 2011, executed by Mark D. Sheppard to Scott A. Smith, Trustee, of record in the Office of the Clerk of the County Commission of Wood County, West Virginia, in Book 1645, at Page 857. Hereford & Riccardi, PLLC was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated March 15, 2016, of record in the Clerk’s Office in Book 1910 at Page 774. 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 Wood County, in Parkersburg, West Virginia, on:
WEDNESDAY, APRIL 27, 2016 AT 11:30 O’CLOCK A.M.
All that certain lot or parcel of land, together with the improvements thereon, and appurtenances thereunto belonging, situate, in Union District, Wood County, West Virginia, and being more particularly described as follows:
PARCEL ONE: Being all of Lot 50 as shown on a plat of Oakwood Estates, which said plat is of record in the Office of the Clerk of the County Court of Wood County, West Virginia, in Plat Book 14, at 41, and to which said plat reference is hereby had and made for a more particular description.
This is the same property conveyed to Mark D. Sheppard by Deed dated March 29, 2011, of record in the Clerk’s Office in Book 1164, at Page 518.
PARCEL TWO: Being Lot No. 49 C as shown on a plat of the Division of Lot No. 49 of Oakwood Estates, prepared by Paul E. Marshall, surveyor, dated August 25, 1972, a copy of which said plat is attached to that certain deed from Richard Wilhelm, Jr., et ux, to Robert C. Morehardt, et ux., dated August 28, 1972, of record in the Office of the Clerk of the County Court of Wood County, West Virginia in Deed Book 605, page 399, and reference to said plat is hereby made for a more particular description of the real estate herein conveyed, a plat of Oakwood Estates being of record in the aforesaid Clerk’s Office in Plat Book 14, page 41.
This conveyance is made subject to all covenants, building restrictions, reservations and rights of way contained in that certain deed dated October 27, 1967, executed by Richard Wilhelm, Jr. and Kathryn Wilhelm, husband and wife, to Jack Headley and Mildred L. Headley, husband and wife, of record in the aforesaid Clerk’s Office in Deed Book 552, page 218, which said covenants, reservations and restrictions are incorporated herein by reference.
This conveyance is also made subject to the restriction contained in the Deed from Richard Wilhelm, Jr. and Kathryn L. Wilhelm, husband and wife, to Robert C. Morehardt and Margery J. Morehardt, husband and wife, which conveys Lot No. 49C above and is of record in the aforesaid Clerk’s Office in Deed Book 605, page 399, which said restriction forbids the erection of any buildings on said Lot No 49C and recites that Lot No. 50 and the adjoining Lot No. 49C shall be considered for all purposes one lot.
This is the same property conveyed unto Mark D. Sheppard by Deed dated March 29, 2011, of record in the Clerk’s Office in Book 1164, at Page 518.
TERMS OF SALE:
1) The property will be conveyed in an âAS ISã 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 Clerkás 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 Π11-22-2.
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 percent (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 5th day of April, 2016
HEREFORD & RICCARDI, PLLC-TRUSTEE
By: Philip B. Hereford, Member
405 Capitol Street, Suite 306
Charleston, West Virginia 25301
Phone: (304) 346-1800
Apr 19, 26