NOTICE OF TRUSTEE’S SALE
NOTICE OF TRUSTEE’S SALE and Notice of the Beneficiary/Servicer’s election to sell property is hereby given pursuant to and by virtue of the authority vested in the Trustee by that certain Deed of Trust dated January 7, 2011, executed by Shalynn D. Burge and Levi B. Shrader to Robert Lewis, Trustee, of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Book 479, at Page 526 and re-recorded in Book 483, at Page 521. Hereford & Riccardi, PLLC was appointed as Trustee by SUBSTITUTION OF TRUSTEE dated April 1, 2015, of record in the Clerk’s Office in Book 533, at Page 678. 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 Randolph County, in Elkins, West Virginia, on:
THURSDAY, JUNE 4, 2015, AT 10:30 O’CLOCK A.M.
All that certain lot or parcel of real estate, together with the improvements thereon and the appurtenances thereunto, situate in Mill Creek Corporation District, Randolph County, West Virginia, said real estate being on the northwest side of Channell Road (County Route 46/4) approximately 440 feet southwest from the Huttonsville-Helvetia Road, more particularly bound and described as follows:
Beginning at a 5/8 inch rebar with cap found in the northwest boundary of Channell Road, said point being a corner common to Arthur Winn (DB 394/10); Thence with the northwest boundary of Channell Road S 52-43’ W, 63.23 feet and S 52-56’ W, 49.59 feet to a point at a corner common to Lot 2; Thence leaving Channell Road with the line of Lot 2, N 58-50’ W, 106.16 feet to a 3/4 inch by 30 inch rebar driven; Thence continuing with the line of Lot 2, N 29-52’ W, 125.38 feet to a 3/4 inch by 30 inch rebar driven at a corner common to Lot 3 and in the line of Stanley Koon (DB 466/61); Thence with Koon for three courses: N 79-07’ E, 67.17 feet to a 5/8 inch rebar in fence line found, S 60-36’ E, 93.44 feet to a 5/8 inch rebar found in the fence line and S 60-52” E, 25.02 feet to a 5/8 inch rebar found in a fence line, a corner common to Arthur Winn (DB 394/10); Thence with Winn for two courses; S 60-36’ E, 59.91 feet and S 45.41’ E, 30.02 feet to the point of beginning, containing 21,149 square feet, more or less, as surveyed by William D. Swecker of Elkins, West Virginia, and also described as Lot 1 on the “Plat of Survey for the Randolph County Housing Authority”.
There is further conveyed a right of way twenty (20) feet in width over, across and through Lots Nos. 3 and 2 as shown on said Plat as “existing road” for egress and ingress from and to Channell Road to and from Lot 1 herein conveyed. There is also conveyed a right of way ten (10) feet in width for a water line over, across and through Lots 3 and 2. This conveyance is expressly made subject to the Declaration of Covenants and Restrictions for Channell Road Subdivision, dated the 28th day of October 2010, and of record in the Clerk’s Office in Book 542, at Page 417.
This is the same property conveyed to Shalynn D. Burge and Levi B. Shrader by deed dated January 7, 2011, of record in the Clerk’s Office in Book 543, at Page 598.
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 section 11-22-2.
3) Real estate taxes due and payable have been paid. All real estate taxes hereafter will be the responsibility of the purchaser.
4) 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.
5) 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.
6) The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate the 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.
7) The total purchase price is payable to the Trustee by cashier’s check, cash or the equivalent within thirty (30) days of the date of sale, with ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the Trustee at sale by cashier’s check, cash or the equivalent. There will be no refund granted of any amount if the third party purchaser elects not to purchase the property for any reason. Minimum acceptable bid will be $45,500.00.
8) For more information on this property, please see listing on the PROPERTIES FOR SALE WEBSITE: http://www.resales.usda.gov/.
Given under my hand this 12th day of May, 2015.
HEREFORD & RICCARDI, PLLC-TRUSTEE
By: Philip B. Hereford, Member
405 Capitol Street, Suite 306
Charleston, West Virginia 25301
WV State Bar No. 1687
Phone: (304) 346-1800
5/27, 6/3