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 April 24, 2007, executed by Borrowers Jeannie Lopez-Smith and Nathaniel Smith, to Richard A. Pill, the Trustee of record in the office of the Clerk of the County Commission of Hampshire County, West Virginia, in Book 450, at Page 425 and re-recorded on July 26, 2013 in Book 561, at Page 600.  At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of HC 83 Box 49A, Capon Bridge, WV 26711.  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 Hampshire County, in Romney, West Virginia, on the following date:

June 29, 2015 at 12:00 p.m.

The property is described as of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in Capon Bridge District, Hampshire County, West Virginia, and being more particularly described as follows:

All that certain tract or parcel of real estate known and designated as Parcel A-2, containing 0.316 acres, more or less, situate in the Town of Capon Bridge in Capon District, Hampshire County, West Virginia, on the northeast side of the centerline of the Old Northwestern Turnpike and being southeast of U.S. Route 50 and is more particularly bounded and described according to that certain Description of Survey and Plat of Survey as prepared by R & S Services, Inc., Rickie C. Davy, LLS, on May 28, 2002, copies of which said Description of Survey and Plat of Survey are attached hereto and made a part hereof for all pertinent and proper reasons, including a more particular metes and bounds description of said real estate.

AND BEING a portion of the same real estate which was conveyed unto Mike McIntire and Latricia McIntire, his wife, by deed of Barbara L. Kesner, by deed dated August 21, 2001, and which said deed is of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Deed Book 408, Page 235.

Tax Map No.: 3/26

Being the same property conveyed to Jeannie Lopez-Smith and Nathaniel Smith, Jr. by the Deed dated December 23, 2003 and recorded in Deed Book 429, at Page 517 in the Office of the Clerk of the County Commission of Hampshire County, West Virginia.


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 by certified or cashier’s check within thirty (30) days of the date of sale, with ten (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the Trustee at sale.

Richard A. Pill, Trustee
Pill & Pill, PLLC
85 Aikens Center
Martinsburg, WV 25404
[email protected]