Source: February 11, 2015 Read More →

NOTICE OF TRUSTEE’S SALE

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 September 23, 2011, executed by Borrowers Nan D. Cleary and Richard R. Cleary, to Douglas McElwee, the Trustee of record in the office of the Clerk of the County Commission of Raleigh County, West Virginia, in Book 5044, at Page 6703. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 802 South Kanawha Street, Beckley, WV 25801. Pill & Pill, PLLC was appointed as Substitute Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated January 9, 2015, of record in the Clerk’s Office in Book 5057, Page 6476. 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 sell the following described property to the highest bidder at the front door of the Courthouse of Raleigh County, in Beckley, West Virginia, on the following date: March 4, 2015 at 1:23 p.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 Beckley Corp. District, Raleigh County, West Virginia, and being more particularly described as follows: A TRACT OR PARCEL OF LAND BEING A PART OF TRACT NUMBER ONE AND THE RESIDUE ON TRACT NUMBER TWO, ALSO BEING A PART OF LOT 0, BLOCK ONE OF BEAVER HEIGHTS ADDITION. LOCATED IN THE CITY OF BECKLEY, BECKLEY CORPORATION DISTRICT. RALEIGH COUNTY, WEST VIRGINIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A CONCRETE RIGHT-OF-WAY MARKER. FOUND, IN THE CONCRETE SIDEWALK ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SOUTH KANAWHA STREET (WEST VIRGINIA STATE ROUTE 210), SAID MARKER BEING A COMMON CORNER OF THE WEST VIRGINIA DEPARTMENT OF HIGHWAYS, RICHARD R. CLEARY AND NAN D. CLEARY; THENCE LEAVING THE WEST VIRGINIA DEPARTMENT OF HIGHWAYS AND WITH THE COMMON LINE OF SOUTH KANAWHA STREET, RICHARD R. CLEARY AND NAN D. CLEARY, S 68 f 46′ 56″ E 149.96 FEET TO A POINT IN IN THE CONCRETE SIDEWALK. ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SOUTH KANAWHA. STREET, SAID POINT BEING A COMMON CORNER OF REX B. SASSER, SR., GLADYS E. SASSER, RICHARD R CLEARY AND NAN D. CLEARY; THENCE LEAVING THE SOUTHERLY RIGHT-OF-WAY LINE OF SOUTH KANAWHA STREET AND WITH, THE COMMON LINE OF REX B. SASSER, SR., GLADYS E. SASSER. RICHARD R. CLEARY AND NAN D. CLEARY, S 28 f 27′ 33″ W 243.43 FEET (PASSING THE END OF A STONE WALL: AT A DISTANCE OF 1.77 FEET; PASSING A 5/8 INCH REBAR WITH RED PLASTIC CAP, SET ON LINE AT A DISTANCE OF 12.00 FEET) TO A 5/8 INCH. REBAR WITH RED PLASTIC CAP SET, ON THE NORTHERLY WAY LINE OF MON’T’GOMERY COURT, SAID REBAR BEING A COMMON CORNER OF REX B. SASSER., SR., GLADYS E. SASSER, RICHARD R. CLEARY AND NAN D. CLEARY; THENCE LEAVING REX B. SASSER, SR. AND GLADYS E. SASSER AND WITH THE COMMON LINE OF THE NORTHERLY RIGHT-OF-WAY LINE OF MONTGOMERY COURT, RICHARD R. CLEARY AND NAN D. CLEARY, N 60 f 1.4′ 00″ W 86.67 FEET TO A 5/8 INCH REBAR WITH RED PLASTIC CAP, SET, ON THE COMMON LINE OF THE NORTHERLY RIGHT-OF-WAY LINE OF MONTGOMERY COURT, RICHARD R. CEARY AND NAN D. CLEARY; THENCE LEAVING THE NORTHERLY RIGHT-OF-WAY LINE OF MONTGOMERY COURT; AND WITH TWO NEW LINES RUNNING THROUGH RICHARD R. CLEARY AND NAN D. CLEARY THE FOLLOWING TWO (2) CALLS: N 28 f 07′ 13″ E 95.66 FEET TO A 5/8 INCH RERAR WITH RED PLASTIC CAP, SET; N 61 f 37′ 57″ W 69.82 FEET TO A 5/8 INCH REBAR WITH RED PLASTIC CAP, SET, ON THE COMMON LINE OF RICHARD R. CLEARY AND NAN D. CLEARY TRACT NUMBER THREE AND THE WEST VIRGINIA DEPARTMENT OF HIGHWAYS AND CONTINUING WITH THE COMMON LINE OF RICHARD R. CLEARY AND NAN D. CLEARY TRACT NUMBER ONE AND THE WEST VIRGINIA DEPARTMENT OF HIGHWAYS; PASSING A 5/8 INCH REBAR WITH RED PLASTIC CAP, SET, ON LINE AT A DISTANCE OF 117.32 FEET, TO A CONCRETE RIGHT-OF-WAY MARKER, FOUND, SAID MARKER BEING A COMMON CORNER OF RICHARD R. CLEARY AND NAN D. CLEARY TRACT NUMBER ONE AND THE WEST VIRGINIA DEPARTMENT OF HIGHWAYS; THENCE LEAVING RICHARD R. CLEARY AND NAN D. CLEARY TRACT NUMBER ONE AND WITH THE COMMON LINES OF THE WEST VIRGINIA DEPARTMENT OF HIGHWAYS, RICHARD R. CLEARY AND NAN D. CLEARY RUNNING THROUGH RICHARD R. CLEARY AND NAN D. CLEARY TRACT NUMBER ONE THE FOLLOWING TWO (2) CALLS: N 79 f 58′ 30″ E 4.72 FEET TO A POINT; N 81 f 01′ 00″ E 2.92 FEET TO THE POINT OF BEGINNING, CONTAINING 29,574.73 SQUARE FEET (0.6789 ACRES), MORE OR LESS, AS SURVEYED BY SOUTHERN ENGINEERING & SURVEYING COMPANY, INC., ON FEBRUARY 9, 2011 AND AS SHOWN ON A PLAT TITLED “PLAT SHOWING BOUNDARY SURVEY OF A TRACT OF LAND FOR RICHARD R. CLEARY AND NAN D. CLEARY, BEING A PART OF TRACT NUMBER ONE AND THE RESIDUE OF TRACT NUMBER TWO AND ALOS BEING A PART OF LOT 0, BLOCK ONE OF BEAVER HEIGHTS ADDITION, LOCATED IN THE CITY OF BECKLEY, BECKLEY CORPORATION DISTRICT, RALEIGH COUNTY, WEST VIRGINIA, SCALE: 1″ = 40′, DATE: FEBRUARY 09, 2011”. BEING ALL OF THE RESIDUE OF TRACT NUMBER TWO AND PART OF TRACT NUMBER ONE AS CONVEYED TO RICHARD R. CLEARY AND NAN D. CLEARY, HUSBAND AND WIFE, FROM CONNIE L. DUNN, BY DEED DATED THE 8TH DAY OF NOVEMBER, 2005, WHICH IS OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF RALEIGH COUNTY, WEST VIRGINIA IN BOOK 5020, AT PAGE 1475. 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 by certified or cashier’s check within thirty (30) days of the date of sale, with ten (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the Trustee at sale by certified or cashier’s check. Given under my hand this 4th day of February, 2015. 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 pillforeclosures@ earthlink.net 2-25-WED-3-RH L 2577