NOTICE OF
TRUSTEE’S SALE
Notice is hereby given that by virtue of the authority under that certain deed of trust executed by Charity L. Malcolm, to Jeff Bowers, Trustee(s) dated June 28, 2010, and recorded in the office of the Clerk of the County Commission of Pendleton County, West Virginia, in Trust Deed Book 129, at page 527, by which was conveyed to said Trustee(s) the hereinafter described real estate to secure the payment of a certain promissory note set out and described therein, and default having been made in the payment of said note, the undersigned Substitute Trustee(s) having been appointed Substitute Trustee by an Appointment of Substitute Trustee dated January 28, 2019, and having been requested in writing by the holder of said note, will sell to the highest and best bidder on March 12, 2019 at 1:00 p.m., at the front door of the courthouse of Pendleton County, West Virginia, the real estate conveyed by said deed of trust and situate in Franklin District, Pendleton County, West Virginia, together with easements, improvements and appurtenances thereunto belonging, and at the time of the signing of the Deed of Trust it was reported that the address was 340 Gambill Road, Franklin, WV 26807 and being more particularly bounded and described therein as follows:
All of the following described lot or parcel of real property, together with the improvements thereon and the appurtenances thereto, located and situate on the southeast side of the South Branch and Pendleton County Route 220-12, Franklin District, Pendleton County, West Virginia, and being more particularly described as follows:
Unit No. 2 of River Bend Gardens
All of Unit No. 2 of River Bend Gardens, together with all appurtenant non-exclusive easements and rights of way, as the same are shown, illustrated, and designated upon that plat of survey entitled “Plat of Survey showing River Bend Gardens as a Common Interest Community prepared for Almost Heaven Habitat for Humanity,” prepared by Mark C. Geary PE, PS, WV PS No. 1523, of Geary Associates, PLLC, which said Plat of survey is of record in the Office of the Clerk of the Pendleton County Commission, recorded on June 23, 2010 in Map Book 7, at page 74.
Being the same real property granted and conveyed to Charity L. Malcolm by Deed dated June 28, 2010 from Almost Heaven Habitat for Humanity, Inc. (aka, Almost Heaven Habitat for Humanity) and recorded in the aforesaid Clerk’s Office in Deed Book 185, at page 314.
And being a part of that same real property granted and conveyed to Almost Heaven Habitat for Humanity, Inc. by the following: (A) Deed dated February 12, 2008 from the West Virginia Housing Development Fund, a public body and governmental instrumentality of the State of West Virginia, and recorded in the Office of the Clerk of the Pendleton County Commission in Deed Book 177, at page 76; and (B) Quitclaim Deed dated April 23, 2010, from the West Virginia Housing Development Fund, and recorded in said Clerk’s Office in Deed Book 184, at page 576.
This sale is made subject to any special assessments, unpaid taxes, easements, conditions, reservations and restrictions affecting the aforesaid real estate.
The property will be conveyed in an “AS IS” condition by Deed containing no warranty, express or implied, subject to 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.
Pursuant to the terms of said deed of trust, the Substitute Trustee(s) may postpone the sale by public announcement at the time and place designated for the sale. The West Virginia Housing Development Fund or its designee may purchase the property at any sale.
The Substitute Trustees 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.
TERMS OF SALE: Ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the purchase price as a cash deposit with the balance due and payable within 30 days of the day of the sale.
DATED this 21st day of February, 2019.
Pill & Pill, PLLC,
Substitute Trustee
BY:
Richard A. Pill, Member
304-263-4971
foreclosures@pillwvlaw. com
2-28-2c