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 28, 2006, executed by Borrower, Scott Garvin and Shirley K. Garvin, to First American Title Insurance Company, the Trustee of record in the office of the Clerk of the County Commission of Wood County, West Virginia, in Book 1390, at Page 699. Pill & Pill, PLLC was appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated January 14, 2016, of record in the Clerk’s Office in Book 1910, at Page 202. 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 Wood County, in Parkersburg, West Virginia, on the following date:
May 17, 2016 at 8:06 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 Lubeck District, Wood County, West Virginia, and being more particularly described as follows:
ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATE IN THE DISTRICT OF LUBECK, WOOD COUNTY, AND STATE OF WEST VIRGINIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A COMMON CORNER OF LOTS 127, 128, 146 AND 147 OF SOMER VILLA, A PLAT OF WHICH IS RECORDED IN PLAT BOOK 14, AT PAGE 7 AND AT PAGE 14, WHICH POINT, WHEN MEASURED ALONG THE COMMON LINE OF LOTS 148 AND 128 EXTENDING ALONG THE COMMON LINE OF LOTS 148 AND 128 EXTENDED, IS 480 FEET FROM THAT PORTION OF LAKEWOOD CIRCLE WHICH RUNS IN AN EAST-WEST DIRECTION; THENCE WITH THE SAID COMMON LINE OF LOTS 147 AND 128 IN A SOUTHERLY DIRECTION 80 FEET TO ANOTHER COMMON CORNER OF LOTS 147 AND 128; THENCE IN AN EASTERLY DIRECTION WITH THE COMMON LINE OF LOTS 128 AND 129, TO THE WESTERLY LINE OF LAKEWOOD CIRCLE, 150 FEET; THENCE WITH THE WESTERLY LINE OF LAKEWOOD CIRCLE 80.4 FEET IN A NORTHERLY AND NORTHWESTERLY DIRECTION TO ANOTHER COMMON CORNER OF LOTS 127 AND 128; THENCE WITH THE COMMON LINE OF LOTS 127 AND 128 IN A WESTERLY DIRECTION 142 FEET TO THE PLACE OF BEGINNING.
BEING ALL OF LOT 128 OF SOMER VILLA AS SHOWN ON A PLAT OF SAID ADDITION OF RECORD IN PLAT BOOK 14, AT PAGE 7 AND AT PAGE 14. THE REVISED PLAT AT PAGE 14 PURPORTS TO SHOW LOT 128 FRONTING 100.5 FEET ON LAKEWOOD CIRCLE, RATHER THAN 80.4 FEET. SUCH NOTATION OF 100.5 FEET FRONTAGE IS ERRONEOUS BUT THE SAID LOT 128 HEREBY CONVEYED IS THE SAME LOT 128 WHICH IS SHOWN ON SUCH REVISED PLAT AND MEASURES 80á X 150á X 80.4á X 104á AS HEREIN RECITED.
THIS CONVEYANCE IS MADE SUBJECT TO THE RESTRICTIVE COVENANTS WHICH ARE OF RECORD UPON THE PLAT AND IN DEED BOOK 495, AT PAGE 579, AND IS MADE AND GIVEN SUBJECT TO ALL EASEMENTS FOR PUBLIC UTILITIES HERETOFORE ADMTTTED TO RECORD.
BEING THE SAME PROPERTY CONVEYED TO JEFFREY R. PAYNE AND BARBARA B. PAYNE BY BENNIE G. GRAHAM AND PEGGY ANN GRAHAM BY DEED DATED JULY 28, 1989 AND OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF WOOD CO. IN DEED BOOK 876 AT PAGE 4 AND RECORDED ON JULY 31,1989.
Being the same property conveyed to Scott Garvin and Shirley Garvin by the Deed dated September 28, 2006 and recorded in Deed Book 1104, at Page 565 in the Office of the Clerk of the County Commission of Wood County, West Virginia.
TERMS OF SALE:
1) The property will be conveyed in an âAS ISã 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 Clerkás 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 Π11-22-1.
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
Phone (304) 263-4971
Apr 27, May 4, 11