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 May 24, 1999, executed by Borrowers Andrew D. Mahanes and Trudy E. Mahanes, to Phil Litteral, the Trustee of record in the office of the Clerk of the County Commission of Randolph County, West Virginia, in Book 302, at Page 198. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of RR 33 at Jims Town, Coalton, WV 26257. Pill & Pill, PLLC was appointed as Substitute Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated March 3, 2015, of record in the Clerk’s Office in Book 533, Page 459. 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 Randolph County, in Elkins, West Virginia, on the following date:
September 17, 2015 at 8:03 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 Roaring Creek District, Randolph County, West Virginia, and being more particularly described as follows:
THE SURFACE OF LOTS 18 AND 19 IN LYNNWOOD ACRES SECTION III, SITUATE IN ROARING CREEK DISTRICT, RANDOLPH COUNTY, WEST VIRGINIA, SAID LOTS BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
LOT 18: BEING APPROXIMATELY 3/4 MILE SOUTHEAST OF JIMTOWN AND APPROXIMATELY 800 FEET SOUTHWEST OF W. VA. COUNTY ROUTE 5/3 (JIMTOWN TO COALTON ROAD) ON THE NORTHWEST SIDE OF VIRGINIA AVENUE, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT AT THE INTERSECTION OF THE CENTERLINES OF KELLY LAND AND VIRGINIA AVENUE;
THENCE WITH THE CENTER OF KELLY LANE N 38 13 W. 145.00 FEET TO A POINT. A CORNER COMMON TO LOTS 18, 19, 23 AND 24;
THENCE LEAVING KELLY LANE WITH THE LINE OF LOT 19. N 53 56 E. 329.51 FEET TO A 3/4 INCH BY 30 INCH REBAR DRIVEN, SAID LAST COURSE CROSSES A 3/4 INCH BY 30 INCH REBAR AT 20.00 FEET;
THENCE WITH THE LINE OF SECTION 1 OF LYNNWOOD ACRES S 43 35 E. 125.99 FEET TO A 1/2 INCH IRON PIPE FOUND IN THE NORTHWEST BOUNDARY OF VIRGINIA AVENUE;
THENCE S 53 50 E. 21.00 FEET TO THE CENTER OF VIRGINIA AVENUE:
THENCE WITH THE CENTER OF VIRGINIA AVENUE S 53 56 W. 347.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 1.12 ACRES, MORE OR LESS, AS SURVEYED BY WILLIAM D. SWECKER OF ELKINS, WEST VIRGINIA, AND AS SHOWN ON A PLAT RECORDED IN DEED BOOK 400, AT PAGE 377, AND MADE A PART OF THIS DESCRIPTION.
LOT 19: BEING APPROXIMATELY 3/4 MILES SOUTHEAST OF JIMTOWN AND APPROXIMATELY 800 FEET SOUTHWEST OF W.VA. COUNTY ROUTE 5/3 (JIMTOWN TO COALTON ROAD) ON THE NORTHEAST SIDE OF KELLY LANE. MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS;
BEGINNING AT A POINT IN THE CENTER OF KELLY LANE, SAID POINT BEING A CORNER COMMON TO LOTS 16, 19. 23 AND 24;
THENCE WITH THE CENTER OF KELLY LANE N. 38 13 W. 125 00 FEET TO A POINT, SAID POINT BEING A CORNER COMMON TO LOTS 19. 20. 22 AND 23:
THENCE LEAVING KELLY LANE WITH THE LINE OF LOT 20. N 53 56 E. 317.69 FEET TO A 3/4 INCH BY 30 INCH REDAR DRIVEN IN THE BACK LINE OF LYNNWOOD ACRES SECTION I;
THENCE WITH LYNNWOOD ACRES SECTION 1. S 43 36 E. 126.00 FEET TO A 3/4 INCH DY 30 INCH REBAR DRIVEN AT A CORNER COMMON TO LOT 18:
THENCE WITH LOT 18, S 53 56 W. 329.51 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.93 ACRES, MORE OR LESS, AS SURVEYED BY WILLIAM D. SWECKER OF ELKINS, WEST VIRGINIA, AND AS SHOWN ON A PLAT RECORDED IN DEED BOOK 400, AT PAGE 377, AND MADE A PART OF THIS DESCRIPTION.
Being the same property conveyed to Andrew D. Mahanes and Trudy E. Mahanes, by the Deed dated September 21, 1989 and recorded in Deed Book 400, at Page 371 in the Office of the Clerk of the County Commission of Randolph 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 section 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
[email protected]
8/27, 9/3, 9/10