Fayette

NOTICE OF TRUSTEE’S SALE

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 April 25, 2002, executed by Borrowers, Robert D. Allen and Crystal L. Allen, to James B. Crawford, III, the Trustee, of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Book 648, at Page 527, and amended by Court Order of record in the aforesaid Clerk’s Office in Book 728, at Page 33. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 6 Knob Branch Rd., Pax, WV 25904. Pill & Pill, PLLC was appointed as Substitute Trustee by a Substitution of Trustee dated May 26, 2016, of record in the Clerk’s Office in Book 968, at Page 280. 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 Fayette County, in Fayetteville, West Virginia, on the following date: December 7, 2016 at 2:45 p.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 Plateau District, Fayette County, West Virginia, and being more particularly described as follows: TRACT No. 1 Beginning at a point on the easterly side of Weirwood Hill Road (West Virginia County Route 23/11), said point being a common corner of Walter Holdren, Peggy Holdren, Doris Stover, Robert Allen, Crystal Allen and Christina Garrison; thence leaving Walter Holdren, Peggy Holdren and Christina Garrison and with the common lines of Doris Stover, Robert Allen and Crystal Allen the following two (2) calls: N 83 f 47′ E 70.90 feet to a point in the asphalt road of Weirwood Hill Road; S 78 f 59′ E 70.55 feet to a point in the asphalt road of Weirwood Hill Road at the forks of another road, said point being a common corner of Doris Stover, Judy A. Gunnoe, Robert Allen and Crystal Allen; thence leaving Doris Stover and with the common lines of Judy A. Gunnoe, Robert Allen and Crystal Allen the following two (2) calls: S 05′ 30′ E 44.95 feet to a point in the asphalt road of Weirwood Hill Road; S 57 f 18′ W 53.68 feet to a point on the easterly side of Weirwood Hill Road, said point being a common corner of Judy A. Gunnoe, Joel Thompson, Robert Allen and Crystal Allen; thence leaving Judy A. Gunnoe and with the common line of Joel Thompson, Robert Allen and Crystal Allen, N 89 f 01′ W 123.47 feet to a point in the asphalt road of Weirwood Hill Road on the line of Joel Thompson, said point being a common corner of Robert Allen, Crystal Allen and Christina Garrison; thence leaving Joel Thompson and with the common line of Robert Allen, Crystal Allen and Christina Garrison, N 17 f 36′ 39″ E 81.24 feet to the POINT OF BEGINNING, containing 11,889.9 square feet (0.273 acres), more or less, as shown on a plat prepared by Southern Engineering and Surveying Company, Inc., titled “Plat Showing Boundary Survey of Tracts of Land for Christina Garrison, Robert Allen and Crystal Allen, Located at Weirwood, Plateau District, Fayette County, West Virginia, Scale: 1″ = 40′, Date: June 23, 2015”. TRACT No. 2 Beginning at a point on the easterly side of Weirwood Hill Road (West Virginia County Route 23/11), said point being a common corner of Walter Holdren, Peggy Holdren, Doris Stover, Robert Allen, Crystal Allen and Christina Garrison; thence leaving Walter Holdren, Peggy Holdren and Doris Stover and with the common line of Christina Garrison, Robert Allen and Crystal Allen, S 17 f 36″ 39″ W 81.24 feet to a point in the asphalt road of Weirwood Hill Road on the line of Joel Thompson, said point being a common corner of Christina Garrison, Robert Allen and Crystal Allen; thence leaving Joel Thompson, Robert Allen and Crystal Allen and with new lines running through Christina Garrison the following two (2) calls: N 72 f 37′ 35″ W 42.83 feet (passing a 5/8-inch rebar with cap, set on the westerly side of a driveway, on line at a distance of 29.30 feet) to a 3-inch iron pipe, found; N 01 f 41′ 29″ E 84.51 feet (passing a 3-Inch iron pipe, found, on line at a distance of 49.61 feet; passing a 5/8-inch rebar with cap, set on the top of the road bank, on line at a distance of 58.42 feet) to a point in the asphalt road of Weirwood Hill Road on the common line of Walter Holdren, Peggy Holdren and Christina Garrison; thence with the common line of Walter Holdren, Peggy Holdren and Christina Garrison, S 72 f 31′ E 66.01 feet to the POINT OF BEGINNING, containing 4,423.7 square feet (0.102 acres), more or less, as shown on a plat prepared by Southern Engineering and Surveying Company, Inc., titled “Plat Showing Boundary Survey of Tracts of Land for Christina Garrison, Robert Allen and Crystal Allen, Located at Weirwood, Plateau District, Fayette County, West Virginia, Scale: 1″ = 40′, Date: June 23, 2015”. Being the same property conveyed to Robert Allen and Crystal Allen by that Order of record in Book 728, at Page 33, in the Office of the Clerk of the County Commission of Fayette 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 c 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 Richard A. Pill, Member 85 Aikens Center Edwin Miller Boulevard PO Box 440 Martinsburg, WV 25404 (304) 263-4971 foreclosures@ pillwvlaw.com 12-1-THU-3-FT; L 459