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 November 9, 2007, executed by Borrower, Walter S Terry, to Timothy J. Amos, the Trustee of record in the office of the Clerk of the County Commission of Pendleton County, West Virginia, in Book 118, at Page 150. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 3368 Brushy Fork Rd f/k/a Hc 70 Box 21 B, Sugar Grove, WV 26815. Pill & Pill, PLLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated March 6, 2025, of record in the Clerk’s Office in Book 180, Page
478. The borrower 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:
May 6, 2025 at 12:15 pm
Located in the District of Sugar Grove, County of Pendleton and State of West Virginia, to-wit: TRACT NO. 1: All that certain lot or parcel of land, designated as Lot No. 9 of the subdivision of the O.L. Dame Tract, lying and being situate on the west side of Brushy Fork Road, Pendleton County, West Virginia, being more particularly bounded and described as follows: Lot No. 9 of the subdivision of the O.L. Dame Tract, lying and being situate on the west side of Brushy Fork Road, Pendleton County, West Virginia, as is more fully set out and described in a map entitled “Subdivision of the O.L. Dame Tract West Side of Brushy Fork Road Pendleton County, W.Va.,” and being the same real estate initially conveyed from O.L. Dame and Helen L. Dame by deed bearing the date on the 3rd day of October, 1974, which deed is of record in the Clerk`s Office of the County Commission of Pendleton County, West Virginia, in Deed Book No. 95, at Page 349. See Map Book 2, Page 44. TRACT NO. 2: That certain tract or parcel of real estate lying and being situate 200 feet northwest of West Virginia Secondary Route 30, the Brushy Ford Road, and 600 feet east of the intersection of said route and West Virginia Route 32, in Sugar Grove District, Pendleton County, West Virginia, and being more particular described by its metes and bounds as follows: BEGINNING at a bolt found on the line of Ira Meadows; thence, with this line N. 31-6-E. 50.02 feet to a iron pipe found, corner of S.E. Campbell; thence with his line and that of Davie Hayson S. 35-39-E. 99.60 feet to a bolt found, corner of James Coleman; thence, with two of his lines S. 52-02 W. 49.80 feet to a bolt found, witnessed by a power pole MP 1E1-110 N. 32 W. 1.8 feet; thence, N. 32-59 W. 81.95 feet to the BEGINNING, containing 0.099 acres, or 4,322 square feet. Title Reference: Deed Book 171, at page 710.
TERMS OF SALE:
1) The property will be conveyed in a “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
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