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 12, 2007, executed by Borrowers, Michael Wayne Pomeroy and Patricia A. Pomeroy, to William D. Goodwin, the Trustee,of record in the office of the Clerk of the County Commission of Greenbrier County, West Virginia, in Book 615, at Page 644. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of HC 81 Box 262, Lewisburg, WV 24901. Pill & Pill, PLLC wasappointed as Substitute Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated April 21, 2016, of record in the Clerk’s Office in Book 761, at Page 447. The borrowers defaulted under the Note and Deed of Trust and the Substitute Trustee hasbeen 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 Greenbrier County, in Lewisburg, West Virginia, on the following date:
June 29, 2016 at 8:30 a.m.
The property is described as all of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in Lewisburg District, Greenbrier County, West Virginia, and being more particularly described as follows:
All of that certain lot or parcel of real estate, together with the buildings thereon, and the easements, rights of way and appurtenances thereunto belonging, situate in Lewisburg District, Greenbrier County, West Virginia, more particularly bounded and described as follows:
“Beginning at a point in the northeastern right-of-way line of West Virginia State Secondary Route No. 38, which point stands approximately 3 feet southeast of the intersection of the southeastern right-of-way line of the lane leading to the residence of the parties of the first part with the right-of-way of State Secondary Route No. 38; thence leaving said point and through the real estate of the parties of the first part N 22-12 E 111.0 feet to an I pin; thence 72-01 E 264.00 feet to an I pin; thence S 30-19 W 105.75 feet to a point in the right-of-way line of West Virginia State Secondary Route No. 38; thence with said road on a curve to the left 116.75 feet; thence continuing with said road on a curve to the left 116.75 feet; thence continuing with the same N 78-00 W 77.8 feet to the point of beginning, containing 0.64 acre, more or less.”
THERE IS HEREBY FURTHER CONVEYED, to the party of the second part, joint use of the lane lying northwest of the hereinbefore described real estate to a point opposite the north corner of the lot hereby conveyed, and the right to cross the strip of real estate approximately 3 feet in width lying between the lot and the right-of-way aforesaid at any point or points which may be convenient to the party of the second part.
And being the same real estate conveyed unto Michael Wayne Pomeroy by deed dated August 8, 2007, from Joel A. Yates and Crystal J. Yates, husband and wife, said deed not yet of record, but to be recorded prior to or simultaneously herewith.
Reference is hereby made to all prior instruments in the chain of title for all reservations, restrictions, limitations and easements and right of way affecting the property herein conveyed.
For Purposes of West Virginia Code §38-1-4, any notice of Trustee’s sale shall be mailed to the Grantor at the following address (or such address subsequently given to Lender in writing by the Grantor): HC 81 Box 262, Lewisburg, WV 24901
Being the same property conveyed to Michael Wayne Pomeroy and Patricia A. Pomeroy by the Deed dated August 8, 2007 and recorded in Deed Book 515 at Page 681 in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia.
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 res-ponsible 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 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
Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
[email protected]
(9,16,23jn)