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 June 20, 2003, executed by Borrower(s), Harold J Brown and Patricia Brown, to Teays Valley Trustee, LLC, the Trustee of record in the office of the Clerk of the County Commission of Greenbrier County, West Virginia, in Book 505, at Page 441. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of HC 70 Box 100-2, White Sulphur Spring, WV 24986. Pill & Pill, PLLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated July 31, 2015, of record in the Clerk’s Office in Book 751, Page 71. The borrower(s) defaulted under the Note and Deed of Trust and the Substitute Trustees have been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustees will sell the following described property to the highest bidder at the front door of the Courthouse of Greenbrier County, in Lewisburg, West Virginia, on the following date:
THURSDAY, SEPTEMBER 24, 2015, AT 8:40 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 Anthony’s Creek District, Greenbrier County, West Virginia, and being more particularly described as follows:
That certain lot or parcel of surface land situate, lying and being Anthony’s Creek District, Greenbrier County, West Virginia, and being more particularly bounded and described as follows:
FIRST: That certain tract or parcel of land conveyed to the said Sarah M. Foster (as S. A. Foster) by T.A Hatton and Nettie S. Hatton, his wife, on the 23rd day of April, 1918, the deed from which is recorded in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia in Deed Book No. 93, at page 387, together with all appurtenances thereunto belonging, situate in Anthony’s Creek District, Greenbrier County, West Virginia, and more particularly bounded and described as follows:
“BEGINNING at a stone at the southwest corner of lot of land formerly owned by E. K. Scott: thence crossing the right of way of the Huntley Lumber Company R.R. south 273 feet in a stake; thence west 175 feet to a stake; thence north 283 feet to a stake in the line of the aforesaid railroad right of way; thence with said right of way of the Birly M. Clark lot; thence with her line north crossing the public road in the middle of Anthony’s Creek; thence up the creek with the meanders of same to the line of the aforesaid E. K. Scott’s line; thence with the said Scott line to the point of BEGINNING.”
SECOND: That certain tract or parcel of land in Anthony’s Creek District, Greenbrier County, West Virginia, being the same tract conveyed to the said Sarah A. Foster by Marie C. Wyatt and F.E. Wyatt, her husband, on the 17th day of April, 1944, the deed for which is recorded in said County Clerk’s Office in Deed Book NO. 146, at page 469, in which said deed said tract or parcel of land is described as containing two acres, more or less, and is adjoining a tract of land then owned by the said Sarah A. Foster, on which her dwelling house was located, and in which deed said tract of land is more particularly bounded and described as follows:
“BEGINNING at the northeast corner of said lot; thence 416 ½feet in an easterly direction to a black walnut tree, through the land of the parties of the first part; thence 202 ½ ina southerly direction through the lands of the parties of the first part to the southeast; thence with the line of the lot of the party of the second part, corner of said lot of the party of the second part 175 feet to the point of BEGINNING.”
RESERVATION AND EXCEPTION: There is reserved and excepted from this deed and not hereby conveyed, that certain lot or parcel of land situate in Anthony’s Creek District, Greenbrier County, West Virginia, conveyed by the said Sarah A. Foster to M.J. Alderman and Theresa Lee Alderman, his wife, on the 27th day of April, 1944, the deed for which is recorded in the said Clerk’s office in Deed Book 146, at page 471, in which said deed said tract or parcel of land is more particularly bounded and described as follows:
“BEGINNING at the south corner of the store buildings on the property of the party of the first part and running thence west a distance of 62 ½feet to a telephone pole; thence in a westerly direction 250 feet with what is known as the “Bertie M. Clark line” to a stake on the bank of Anthony’s Creek; thence from stake 13 ½ feet in a northeasterly direction to the corner of the lot of the party of the first part; thence with same in a southerly direction 250 feet to the point of BEGINNING.”
SECOND RESERVATION:There is also reserved and excepted from this conveyance, and not hereby conveyed, that certain lot or parcel of land conveyed by the said Sarah A. Foster (as S.A. Foster) and J. M. Foster, her husband, to W.R. Bowling, described as that certain lot or parcel of land located in Neola, in Anthony’s Creek District, Greenbrier County, West Virginia, being the same lot on which the Bowling Barden Company’s Store Building stands, which conveyance was dated the 28th day of January, 1926, the deed for which is recorded in said County Clerk’s Office in Deed Book No. 107, at page 207, in which said deed said lot or parcel of land is more particularly bounded and described as follows:
“BEGINNING at a stake at the right of way of the branch of line of the White Sulphur and Huntersville Railroad, running to the mill at Neola, and one foot from the said buildings so as to clear the eaves of said building; thence running with the fence to the county road at a stake at right of way of said road; thence running up said road and with right of way 75 feet to a stake; thence running to the aforesaid railroad right of way to a stake; thence running to the aforesaid railroad right of way to a stake, at the line of right of way of the said railroad; thence with said railroad right of way 65 feet to the place of BEGINNING.”
THIRD RESERVATION: There is also reserved and excepted from this conveyance, and not hereby conveyed, that certain lot or parcel of land conveyed by James. B. Fertig and wife to the State Road commission of West Virginia, described as a certain strip or parcel of land located at Neola in Anthony’s Creek District, Greenbrier County, West Virginia, described by metes and bounds as containing 0.114 acres, more or less, which conveyance was dated the 15th day of July, 1952, and recorded in the aforesaid Clerk’s Office in Deed Book No. 182, at page 372.
Being the same property conveyed to Harold J. Brown from Errol F. Morgan, et al, by deed dated the 9th day of July, 1981, of record in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia in Deed Book 344, at page 137.
And more commonly known as HC 70 Box 100-2, White Sulphur Spring, WV 24986
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 § 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 PRO-PERTY 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, Substitute Trustee
Member
Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
[email protected]
(4,11,18sp)
