NOTICE OF
TRUSTEE’S SALE
Notice is hereby given that by virtue of the authority under that certain deed of trust executed by Sarah D. Boggs, to Jeffrey S. Bowers, Trustee dated November 6, 2009, and recorded in the office of the Clerk of the County Commission of Pendleton County, West Virginia, in Trust Deed Book 127, at page 258, 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 July 2, 2019, and having been requested in writing by the holder of said note, will sell to the highest and best bidder on October 9, 2019 at 1:38 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 Lot 3 Buffalo Hills Subdivision, Franklin, WV 26807 and being more particularly bounded and described therein as follows:
A tract of land located on the west side of the Buffalo Hills Road, County Route 5/10, in Franklin District, Pendleton County, WV, and more particularly described as follows:
Beginning at a point in the center of the Buffalo Hills Road, corner of the 2.18 acre tract of Almost Heaven Habitat; thence with said tract N 49-17-55 W 229.65 feet to a 5/8″ rebar set; thence, with a new line with Lot 4 N 37-44-03 E 181.84 feet. Passing a 5/8″ rebar and continuing to a point in the center of a 30-foot right of way; thence, with the center of said right of way and lines of Lots 5 and 6 S 31-34-40 E 27.88 feet, S 49-57-31 E 42.03 feet, S 40-50-02 E 47.53 feet, S 40-32-44 E 128.24 feet to a point in the center of the Buffalo Hills Road; thence, with said road S 47-02-07 W 51.54 feet, S 39-15-52 W 95.89 feet to the beginning and containing 0.88 acre, more or less, as surveyed and calculated by Thomas W. Firor, Professional Surveyor, and as shown on the attached plat.
This tract is subject to the right of way of the Buffalo Hills Road and the 30-foot right of way. This tract is to have access to the well located on Lot 4.
Being part of a 3.00 acre tract conveyed by B. Shasta Vance and Michael L. Park to Almost Heaven Habitat for Humanity, Inc. by deed dated 3 April 2009 and recorded in the office of the Clerk of Pendleton County, WV, in Deed Book 181, at page 523.
There is included with the subject lot all undivided interest in and to the pump house and well, 18’ X 22’, and identified as 0.01 acres, more or less, as well as the 30 foot easement for ingress and egress to the tracts herein, however, subject to the shared expenses associated with the maintenance thereof, being granted and conveyed to the Grantor by Deed dated November 6, 2009, of record in the Clerk’s Office of the County Commission of Pendleton County, West Virginia in Deed Book 183, at page 463, and by Quit Claim Deed of record in Deed Book 183, at page 483.
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 9th day of September, 2019.
Pill & Pill, PLLC,
Substitute Trustee
BY:
Richard A. Pill, Member
304-263-4971
9-26-2c