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(s) by that certain Deed of Trust dated August 5, 2010, executed by Paul L. Shiflett to Thomas R. Ross, II, Trustee, of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Book 473, at Page 106, which Deed of Trust was assigned by Mortgage Electronic Registration Systems, Inc. to The Huntington National Bank by ASSIGNMENT dated March 2, 2015, of record in the Clerk’s Office in Book 37, at Page 714. Hereford & Riccardi, PLLC was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated March 17, 2015, of record in the Clerk’s Office in Book 533, at Page 214. 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 Randolph County, in Elkins, West Virginia, on:
THURSDAY, MAY 7, 2015, AT 10:05 O’CLOCK A.M.
All that certain tract or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in Roaring Creek District, Randolph County, West Virginia, and more particularly bounded and described as follows:
A parcel of land on a road formerly known as Old Ridge Road and now known as Secondary Road Number 18; beginning at a Poplar on the West side of the road, and running North 82 degrees West 304 feet to a stake and rock pointer in a line of a tract of land owned by the C. E. Hough Estate, then running with the Hough Estate line North 4 degrees West 315 Ω feet to a corner of the said Hough Estate tract of land, the corner being in a line of tract of Zirkle Land, thence running with the Zirkle line North 67 degrees 30 minutes East 330 feet to the said Secondary Road Number 18, thence along the road with its meanders in a Southerly direction 408 feet to the beginning, and containing 2 3/8 acres, more or less.
Outsale to Timothy A. Shiflett, recorded March 14, 1994, of record in the Clerk’s Office in Book 431, at Page 298, conveying 1.78 acres.
This is the same property conveyed unto Paul Shiflett and Nora Shiflett by deed dated August 13, 1973, of record in the Clerk’s Office in Book 284, at Page 386.
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 section 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 15th day of April, 2015.
HEREFORD & RICCARDI, PLLC-TRUSTEE
By: Philip B. Hereford, Member
405 Capitol Street, Suite 306
Charleston, West Virginia 25301
Phone: (304) 346-1800
4/29, 5/6