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 June 26, 2006, executed by Borrower, Barbara E. Loudermilk, to J. Steven Hunter, the Trustee, of record in the office of the Clerk of the County Commission of Greenbrier County, West Virginia, in Book 587, at Page 402. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of HC 81 Box 258F #3, Lewisburg, WV 24901. Pill & Pill, PLLC was appointed as Substitute Trustee by Substitution of Trustee dated February 3, 2016, of record in the Clerk’s Office in Book 758, at Page 623. The Borrower 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 follow-ing date:
August 24, 2016 at 8:30 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 Lewisburg District, Greenbrier County, West Virginia, and being more particularly described as follows:
FIRST: Lot No. 5, Section 3 in Broken Star Acres Subdivision, as shown on Map of said subdivision of record in the aforesaid clerk’s office in Map Book 3, at page 15-A.
LESS THE FOLLOWING OUTSALE:
By deed dated November 11, 1983, of record in the aforesaid clerk’s office in Deed Book 359, at page 566, the said Robert K. Loudermilk and Dorothy A. Loudermilk, his wife, conveyed a part of Lot 5, Section 3 in Broken Star Acres Subdivision, described as containing 1.240 acres, to R. M. Elswick and A. M. Elswick, his wife.
Subsequently, by deed dated January 10, 1991, of record in the aforesaid clerk’s office in Deed Book 404, at page 663, the same Dorothy A. Loudermilk, wife of Robert K. Loudermilk, conveyed all of her right title and interest in the residue of Lot 5, Section 3, in Broken Star Acres, to the said Robert K. Loudermilk.
SECOND: Part of Lot 5, Section 3 in Broken Star Acres, containing 1.240 acres and described as follows:
“BEGINNING at a point, a corner to Robert Loudermilk residue, in the center of a 20′ wide ingress-egress easement (being also S 07-00 E. 205.58′ from the corner of Lot 5 and Lot 13, Broken Star Acres, Section 3, Map Book 3, File 15-A) thence with said centerline of the ingress-egress easement; S. 07-0 E, 122.39′ to a point in the centerline ingress-egress easement, a corner to Lot 5 and Lot 4, Broken Star Acres Section 3, (being also S 79-36-00 E 25.00 from a iron pipe set) thence with Lot 4 and Elswick; N. 79-39-00 W, 328.81′ to an iron pipe found, a corner to Lot 4 Elswick and P.arcel 2 remains of an old road (see MB 3, File 15-A) thence with Parcel 2; N. 20-54-07 E, 261.74′ to a iron pipe set on the line of Parcel 2 and corner to Robert K. Loudermilk, et ux., (being also S 20-54-07 W. 158.30′ from an iron pipe found at Loudermilk’s corner, Lot 5 and Lot 13) thence with Loudermilk and residue of Lot 5 with a new division line; S., 49-42-26 E, 282.50 to the beginning, containing 1.240 acres of land more or less (said point being also S 49-42-26 E, 25.00′ from an iron pipe set) as surveyed by Mountaineer Land Surveys, J. Brad Smith, L.L.S., C.L.S. in September 1983.”
THIRD: Strip
“All of that certain strip or parcel of land situate in Lewisburg Tax District, Greenbrier County, West Virginia, being fifteen (15) feet in width and running for a distance of 420.04 feet, adjoining Lot no. 5, section 3, being the property of the parties hereto on the one side, and Lots Nos. 8 and 14 on the other, running the entire length of said Lot No. 5 Section 3 from West Virginia secondary Route No. 38/2 or what is also known as Fogus Road, to the line of Lot No. 4, Section 3”.
Parcel First and Second herein comprise the original whole of Lot 5, Section 3, in Broken Star Acres, and are jointly subject to all those Reservations, Restrictions and Limitations set out in the above referenced deed of record in Deed Book 347, at page 317.
Being the same property conveyed to Barbara E. Loudermilk by the Deed dated June 7, 2006 and recorded in Deed Book 507, at Page 226,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 responsible 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 PROP-ERTY 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]
(5,12,19ag)