Source: March 24, 2015 Read More →

notice of trustee’s sale

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(s) by that certain Deed of Trust dated January 26, 2006, executed by Jerin R. Summers and Erica L. Summers to Charles E. Anderson, Trustee, of record in the office of the Clerk of the County Commission of Marion County, West Virginia, in Book 854, at Page 1007, which Deed of Trust was assigned by Mortgage Electronic Registration Systems, Inc. to The Huntington National Bank by ASSIGNMENT dated August 31, 2011, of record in the Clerk’s Office in Book 42, at Page 114. Hereford & Riccardi, PLLC was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated August 31, 2011, of record in the Clerk’s Office in Book 1011, at Page 288. 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 Marion County, in Fairmont, West Virginia, on:

WEDNESDAY, APRIL 1, 2015, AT 12:20 O’CLOCK P.M.

All that certain lot or parcel of real estate, together with the improvements thereon and the appurtenances thereunto belonging, located along West Virginia County Route No. 66, near the Town of Colfax, Union District, Marion County, West Virginia, and more particularly bounded and described as follows:

BEGINNING at a point in the center of West Virginia Secondary Route 66, a corner to County Estates Subdivision; thence with line of said Country Estates Subdivision, South 35˚ 12? 09? East 197.38 feet (total) to a 5/8 inch rebar set 1.2 feet South 82˚ 04? 30? West of the calculated corner, a corner to the remainder Gerald Summers (D.B. 1002, P. 612); thence with a division line through said remainder, South 82˚ 04? 30? West at 1.2 feet passing a 5/8-inch bar set, in all 228.17 feet to a 5/8-inch bar set, a corner to the remainder; thence with a division line through said remainder, North 12˚ 43? 05? West passing a 5/8-inch bar set at 131.28 feet on line, in all 151.12 feet (total) to a point in the center of West Virginia Secondary Route 66; thence with a line of West Virginia Secondary Route 66, North 75˚ 26? 05? East 45.99 feet to a point in the said road; thence with line of said West Virginia Secondary Route 66, North 71˚ 30? 01? East 106.47 feet to a point in West Virginia Secondary Route 66, the place of beginning, containing 0.72 acres, more or less, as per survey by Randall R. Myers, R.P.L.S. #751, dated October 28, 2005.

This is the same property conveyed unto Jerin R. Summers and Erica L. Summers by Deed dated November 21, 2005, of record in the Clerk’s Office in Book 1007, at Page 996.

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 § 11-22-2.
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 the 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 percent (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 9th day of March, 2015.

HEREFORD & RICCARDI, PLLC-TRUSTEE