Notice of Trustee’s 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 January 23, 2009, executed by Michael Bolt and Nichole Bolt to David Moore, Trustee, of record in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia, in Book 644, at Page 326.  Hereford & Riccardi, PLLC was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated October 28, 2014, of record in the Clerk’s Office in Book 739, at Page 200.  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 Greenbrier County, in Lewisburg, West Virginia, on:
AT 1:30 P.M.
All of those certain tracts or parcels of real estate together with the improvements thereon and the appurtenances thereunto belonging situate in Lewisburg District, Greenbrier County, West Virginia, on the east side of U. S. Route 219 about two mils (sic) north of the City of Lewisburg and being more particularly bounded and described as follows:
Lot No. 13: Beginning at a rebar on the east side of Third Street, in line of Whitlock Realty, Inc., Bray Farm, thence; S  44-43-11 E 389.37 feet to a rebar, at a fence corner, thence along fence line; S 36-24-49 W. 202.27 feet, to a rebar on the east side of Third Street, corner to Lot No. 14, thence  N 44-44-01 W 416.30 feet, to a rebar on the east side of Third Street, corner to Lot No. 14, thence; N 44-03-52 E 200.00 feet, to the beginning and containing 1.85 acres, more or less.
Lot No. 14:  Beginning at a rebar on the east side of Third Street, corner to Lot No. 13, thence; S 44-44-01 E 416.30 feet, to a rebar, thence; S 36-24-49 W 183.74 feet, to a rebar at fence, corner to Carol Johnson, thence; N 46-35-48 W at 165.00 feet; crossing a rebar, corner to said Johnson and Lot No. 15 in all 440.70 feet, to a rebar on the east side of Third Street and corner to Lot No. 15, thence; N 44-03-52 E 195.92 feet, to the beginning and containing 1.85 acres, more or less.
There is further granted to the Grantee, their heirs, executors and assigns the right to use in common with other property owners the streets, alleys, utility easements and ways as set forth in Map Book 4 at page 179.
There is excepted and reserved the 40-foot utility easement, if any, over the lots conveyed, for the purpose of installation, upgrade, maintenance and/or replacement of utilities. Any major repair of upgrade of the current utilities must be approved by a majority of the owners of the lots, and the owner of any lot may upgrade at any time at his expense.
There is further excepted and reserved the right to use the streets, alleys, ways and utility easements to develop the property adjoining thereto presently owned by the Developer and to permit subsequent owners of adjoining property to use the same, each lot paying its pro-rata share for maintenance.
This conveyance is made subject to all reservations, restrictions, easements, rights of way and limitations contained in all previous deeds of record in the chain of title to the property described herein.
This is the same property conveyed unto Michael Bolt and Nichole Bolt by deed dated May 9, 2005, of record in the Clerk’s Office in Book 498, at Page 44.
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 § 11-22-2.
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 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 cashier’s check, cash or the equivalent 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 cashier’s check, cash or the equivalent.
Given under my hand this 19th day of November 2014.
By: ________________________
Philip B. Hereford, Member
405 Capitol Street, Suite 306
Charleston, West Virginia 25301
WV State Bar No. 1687
Phone (304) 346-1800