NOTICE OF
TRUSTEE’S SALE
NOTICE OF TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Trustee, Richard A. Pill, by that certain Deed of Trust dated January 27, 2020, executed by the Borrowers, Rebecca Lynn Arcure and Nicholas F. Arcure, II, to Larry F. Mazza and Richard A. Pill, the Trustee(s), of record in the Office of the Clerk of the County Commission of Pendleton County, West Virginia, in Book 163, at Page 349. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 4125 Troublesome Valley Rd., Franklin, WV 26807. 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 Pendleton County, in Franklin, West Virginia, on the following date:
February 8, 2024,
at 12:45 p.m.
The following described tract or parcel of real estate, together with any buildings and improvements thereon located, lying and being situate in Mill Run District, Pendleton County, West Virginia, and being more particularly described by its metes and bounds as follows:
BEGINNING at an iron pipe at the South Western end of a concrete bridge, thence running from that point S. 15 37` W. 160.1 feet to another iron pipe on the West side of and adjacent to Secondary Route N. 1; thence N. 45 11` W. 299.4 feet to another iron pipe; thence N. 31 53` E. 231.1 feet to an iron pipe on the West side of Deer Run Creek; thence S. 27 48` E. 286.1 feet to the place of beginning, containing 1.135 acres, more or less, and being the same real estate conveyed to Nicholas F. Arcure, II, by Deed of record in the Clerk`s Office of the County Commission of Pendleton County, West Virginia in Deed Book 185, at Page 44. Thereafter, Nicholas F. Arcure, II granted and conveyed to Nicholas F. Arcure, II and Nicholas F. Arcure, Sr., with right of survivorship, by Deed of record is the Clerk`s Office aforesaid in Deed Book 198, at Page 124. Then the same was conveyed to Nicholas F. Arcure, II and Rebecca Lynn Arcure, from Nicholas F. Arcure, Sr., by Deed dated January 24, 2020, of record in Clerk`s Office aforesaid in Deed Book 211, at Page 110, to which references are herewith made for all pertinent purposes.
The Grantors do further grant and convey unto the Grantees, their heirs and assigns, all rights of ways and easements appertaining to the aforesaid real estate.
This conveyance is made subject to all exceptions, reservations, covenants, conditions, easements, and rights-of-ways created or mentioned in prior instruments of record affecting the property herein conveyed, including, but not limited to, a non-controlled access right of way to the WV Department of Transportation, Division of Highways, as more particularly set forth in Deed Book 184, at Page 87.
TERMS OF SALE:
1) The property will be conveyed in an “AS IS” physical condition by Deed containing no war- ranty, express or
implied, subject to the Internal
Revenue Service right of redemp-
tion, all property taxes, prior Deeds, liens, reservations, encumbrances, restrictions, rights-
of-ways, easements,
covenants, convey-ances and condi-tions 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 re- serves 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 prop- erty to vacate said property, and any personal property and/or belongings remaining at the property after the foreclosure sale will
be deemed to con-
stitute ABAN-DONED PROP-ERTY AND WILLBE DISPOSED OF
ACCORDINGLY.
6) The total purchase price is payable to the Trustee with in thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale.
Richard A. Pill, Trustee
85 Aikens Center
Edwin Miller Boulevard
PO Box 440
Martinsburg, WV 25404
(304) 263-4971
foreclosures@pillwvlaw.
com 1-11-4c