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 February 9, 2004, executed by the Borrowers, Joyce Elaine Day and Russell Day, to William Summers, the Trustee, of record in the Office of the Clerk of the County Commission of Pendleton County, West Virginia, in Book 98, at Page 115 and re-recorded in Book 98, at Page 191. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of Box 8 HC 77, Riverton, WV 26814, and upon information and belief, is now known as 15115 Mountaineer Drive, Riverton, WV 26814. Pill & Pill, PLLC was appointed as Substitute Trustee by an APPOINTMENT OF SUCCESSOR TRUSTEE dated November 11, 2019, of record in the Clerk’s Office in Book 162, at Page 560. 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, together with the improvements thereon and the appurtenances thereunto belonging, to the highest bidder at the front door of the Courthouse of Pendleton County, in Franklin, West Virginia, on the following date:
February 12, 2020
at 11:30 a.m.
SITUATE APPROXIMATELY ONE MILE SOUTH OF RIVERTON AND ON THE WEST SIDE OF AND ADJACENT TO US ROUTE 33, UNION DISTRICT, PENDLETON COUNTY, WEST VIRGINIA, AND BEING MORE PARTICULARLY DESCRIBED BY ITS METES AND BOUNDS AS FOLLOWS:
BEGINNING AT AN IRON STAKE SET IN CONCRETE ON THE WEST SIDE OF US 33, THENCE RUNNING WITH EDGE OF ROAD N 55 E 125 FEET TO ANOTHER IRON STAKE SET IN CONCRETE; THENCE LEAVING THE ROAD N 42 W 125 FEET TO ANOTHER IRON STAKE SET IN CONCRETE; THENCE S 55 W 125 FEET TO ANOTHER IRON STAKE SET IN CONCRETE; THENCE S 42 E 125 FEET TO THE POINT OF BEGINNING, CONTAINING .35 ACRES, MORE OR LESS.
Being the same property conveyed to Joyce Elaine Day and Ray Russell Day by the Deed dated June 7, 1966 and recorded in Deed Book 85, at Page 483, in the Office of the Clerk of the County Commission of Pendleton 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 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
BY: Richard A. Pill,
Member
Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
1-2;1-23-3c