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 19, 2007, executed by Borrowers, Byrd C Hammer and Melinda D Hammer, to Charles Johnson, the Trustee of record in the office of the Clerk of the County Commission of Pendleton County, West Virginia, in Book 114, at Page 570. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 35 Delton Lane, Franklin, WV 26807. Pill & Pill, PLLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated October 16, 2019, of record in the Clerk’s Office in Book 162, Page 443. The borrowers defaulted under the Note and Deed of Trust and the Substitute Trustees have been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustees will sell the following described property to the highest bidder at the front door of the Courthouse of Pendleton County, in Franklin, West Virginia, on the following date:
April 29, 2022
at 8:30 a.m.
The following described tract or parcel of real estate, designated as Lot B, containing 1.00 acre, more or less, as shown on the Plat attached hereto and made a part hereof, together with improvements thereon and all rights, privileges, appurtenances, easements and right-of-ways thereunto belonging or in any wise appertaining, lying and being situate approximately 400 feet east of the South Branch and 2,000 feet from the “Hog Trough” in Franklin District, Pendleton County, West Virginia, and being more particularly described by its metes and bounds as follows:
BEGINNING at a 5/8” rebar set and witnessed by a ½” iron pipe and 10-inch hickory found at a fence corner, corner by Sylvia Hammer and Delton Hammer, N. 45-11-41 E. 526.42 feet and by a spring N. 11-55-48 W. 380.00 feet; thence, with four new division lines through Hammer’s 233.46 acre tract, S. 43-32-28 E. 221.69 feet to a 5/8” rebar set; thence, S. 27-29-19 W. 179.45 feet to a 5/8” rebar set; thence, N 51-45-39 W. 237.99 feet to a 5/8” rebar set; thence N. 34-08-30 E. 208.53 feet to the beginning and containing 1.00 acres, more or less, as shown on the attached plat, and being part of a 223.46 acre tract described in the Will of Raymond B. Hammer, recorded December 28, 1998, in the Office of the Clerk of the County Commission of Pendleton County, West Virginia, in Will Book 13, Page 309;
The Grantor also grants and conveys unto the Grantee the following easements:
(1) An easement for the
purpose of ingress and egress from U.S. Route 220 to
the real estate herein conveyed, said easement to follow the existing roadway from U.S. 220 to the real
estate herein
conveyed, which easement shall be (20) feet in width.
(2) An easement for the purpose of
installing and
maintaining a
reservoir at the spring shown on plat map recorded at Deed Book 160,
at Page 455, together with the
right to install a water line from said spring and
reservoir to the real
estate herein conveyed, including
the right to
maintain the same.
This easement is a
non-exclusive
easement and the
Grantor reserves the right to use said spring in
addition to the
right herein granted.
(3) An easement for
the purpose of installing and
maintaining a
septic system drain field on the
adjacent lands.
Being the same property conveyed to Byrd C Hammer and Melinda D Hammer by the Deed dated August 22, 2002 and recorded in Deed Book 160 at Page 453 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%) of the total purchase price payable to the Trustee at sale.
Pill & Pill, PLLC,
Substitute Trustee
BY: Richard A. Pill
Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
foreclosures@pillwvlaw.
com 4-7-3c