Source: July 13, 2015 Read More →


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 December 20, 2006, executed by Borrower Gregory A. Toney, to Jonathan Nicol, the Trustee of record in the office of the Clerk of the County Commission of Fayette County, West Virginia, in Book 785, at Page 510. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 529 Armstrong Creek Road, Powellton, WV 25161. Pill & Pill, PLLC was appointed as Substitute Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated May 8, 2015, of record in the Clerk’s Office in Book 951, Page 318. The borrower 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 Fayette County, in Fayetteville, West Virginia, on the following date: July 31, 2015 at 10:33 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 Valley District, Fayette County, West Virginia, and being more particularly described as follows: The surface of all that certain lot or parcel of real estate, together with the improvements thereon, situate at Powellton, Fayette County, West Virginia, and more particularly bounded and described as follows, to-wit: Lot No. Seven (7) in that certain plan of lots entitled “Subdivision of surface tracts, Section No. One (1), Powellton, Fayette County, West Virginia,” a map of which is recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Map Book 11, at page 13, together with all rights and easements appurtenant thereto, including the right to use in common with the owners of the other lots, the streets, alleys and ways on said map set forth. Being the same property conveyed to Gregory A. Toney and Carmelia D. Toney, husband and wife, by a deed from Clarence Toney and Mary Ann Toney, husband and wife, dated the 18th day of April, 1988 and recorded in the aforesaid Clerk’s Office in Deed of Trust Book 459, at page 318; and further being the same property conveyed to Gregory A. Toney by Carmelia D. Toney by a Deed dated June 30, 2005, recorded in Deed Book 614, at Page 60. 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 c 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 BY: Richard A. Pill, Member Pill & Pill, PLLC 85 Aikens Center Edwin Miller Boulevard P.O. Box 440 Martinsburg, WV 25402 (304) 263-4971 foreclosures@ 7-27-MON-3-FT; LG 328