Source: March 12, 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 by that certain Deed of Trust dated April 10, 2014, executed by Zeth C. Yarber to Frederick A. Jesser, III, Trustee, of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Book 928, at Page 677, which Deed of Trust was assigned by Mortgage Electronic Registration Systems, Inc. to The Huntington National Bank by ASSIGNMENT dated February 9, 2015, of record in the Clerk’s Office in Book 40, at Page 468. Hereford & Riccardi, PLLC was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated February 13, 2015, of record in the Clerk’s Office. 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 Fayette County, in Fayetteville, West Virginia, on: FRIDAY, MARCH 20, 2015, AT 9:30 O’CLOCK A.M. All that certain lot or parcel of land, together with the improvements thereon, and appurtenances thereunto belonging, situate, in Meadow Bridge District, Fayette County, West Virginia, and being more particularly described as follows: BEGINNING at a 1″ pipe a corner to D. Twohig, Evie Richmond and Smith; thence with the Richmond line N 62 35′ 00″ E 361.37 feet to a 3/4″ pipe set on said line; thence thru Smith Tract#1 S 23 30′ 55″ E 279.63 feet to a point dividing Smith Tracts #1 and #2; thence thru Smith Tract#2 S 23 30′ 55″ E 92.43 feet to a 1/2″ pipe at the center line of driveway, a corner to Thomas R. Smith, II and Mirian S. Smith; thence S 83 51′ 10″ W 40.18 feet to an APCO pole #736B138; thence N 42 06′ 20″ W 55.49 feet to a 3/4″ pipe; thence S 55 27′ 05″ W 175.25 feet to a 1″ pipe on the line of D. Twohig, a corner to Smith’s Tract#1 and #2; thence with the Twohig line N 46 14′ 05″ W 343.05 feet to the beginning, containing 2.19 acres more or less and consisting of portions of Tract#1 and Tract#2 of the Thomas R. and Elaine Smith 5.4 acre tract. This is the same property conveyed to Zeth Yarber by Deed dated April 10, 2014. 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 11-22-2. 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 27th day of February, 2015. HEREFORD & RICCARDI, PLLC-TRUSTEE By: Philip B. Hereford, Member 405 Capitol Street, Suite 306 Charleston, West Virginia 25301 WV State Bar No. 1687 Phone: (304) 346-1800 3-19-THR-2-FT; LG 134