Pendleton

Notice of Trustee’s Sale

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 December 28, 2013, executed by the Borrowers, Armanda D. Heavner and Stephen W. Heavner, to Marc J. Slotnick,, Esq., the Trustee, of record in the Office of the Clerk of the County Commission of Pendleton County, West Virginia, in Book 144, at Page 163. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 5684 Lower Timber Ridge Rd., Riverton, WV 26814. Pill & Pill, PLLC was appointed as Substitute Trustee by an APPOINTMENT OF SUCCESSOR TRUSTEE dated July 8, 2022, of record in the Clerk’s Office in Book 173, Page 325. 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 to the highest bidder at the front door of the Courthouse of Pendleton County, in Franklin, West Virginia, on the following date:

November 7, 2022,
at 12:30 p.m.

Real property in the City of RIVERTON, County of Pendleton, State of West Virginia, described as follows: A TRACT OF LAND LOCATED ON WEST VIRGINIA SECONDARY ROUTE 6, THE TIMBER RIDGE ROAD, APPROXIMATELY 2 MILES NORTH OF THE INTERSECTION OF SAID ROUTE AND WEST VIRGINIA SECONDARY ROUTE 5/6, THE BENNETT GAP ROAD, ON THE WATERSHED OF TANYARD GAP RUN, FORMERLY KNOWN AS SHORTLEY GAP RUN, A TRIBUTARY OF THE NORTH FORK OF THE SOUTH BRANCH OF THE POTOMAC RIVER, IN UNION DISTRICT, PENDLETON COUNTY, WEST VIRGINIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A ONE-HALF INCH REBAR SET ON A RIDGE, A NEW DIVISION CORNER, WITNESS A POWER POLE LABELED “MP L1-062 INSPECTED 1986” WHICH BEARS N16-36E 20.58 FEET DISTANT, A SUGAR TREE, AN OUTSIDE CORNER OF THE 109 3/4 ACRE TRACT, BEARS N29-03W 380.72 FEET DISTANT; THENCE, WITH NEW DIVISION LINES S 45-13 E 729.50 FEET PASSING THE POWERLINE AND CROSSING WEST VIRGINIA SECONDARY ROUTE 6 TO A ONE-HALF INCH REBAR SET ON THE EAST RIGHT-OF-WAY OF SECONDARY ROUTE 6, 15 FEET FROM CENTERLINE; THENCE S 47-00 W 184.34 FEET RECROSSING SECONDARY ROUTE 6 TO A ONE-HALF INCH REBAR SET IN A ROCKY FIELD; THENCE, N 60-55 W 681.58 FEET TO A ONE-HALF INCH REBAR SET; THENCE, N 34-36 E 374.44 FEET TO THE BEGINNING AND CONTAINING 4.46 ACRES, MORE OR LESS, AS SURVEYED AND CALCULATED BY THOMAS EARL PROPST, LICENSED LAND SURVEYOR, AND AS SHOWN ON A PLAT WHICH IS ATTACHED HERETO AND MADE A PART OF THIS DESCRIPTION. THIS TRACT IS SUBJECT TO THE RIGHT-OF-WAY OF WEST VIRGINIA SECONDARY ROUTE 6, THE APPROXIMATE LOCATION OF WHICH IS SHOWN ON THE ATTACHED PLAT. THIS TRACT IS SUBJECT TO EASEMENTS FOR THE POWER LINE AND TELEPHONE LINE, THE APPROXIMATE LOCATION OF WHICH ARE SHOWN ON THE ATTACHED PLAT.

Being the same property conveyed to Armanda D. Heavner and Stephen W. Heavner by the Deed dated July 15, 1987 and recorded in Deed Book 119, at Page 358, 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,
Member

Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
foreclosures@pillwvlaw.
com 10-20-3c