Greenbrier

NOTICE OF TRUSTEE’S SALE

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 July 28, 1994, executed by Geoffrey M. Rutherford and Debbie S. Rutherford to Robert D. Lewis, Trustee, of record in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia, in Book 352, at Page 916. Hereford & Riccardi, PLLC was appointed as Trustee by SUBSTI-TUTION OF TRUSTEE dated April 1, 2015, of record in the Clerk’s Office in Book 745, at Page 42. 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 Greenbrier County, in Lewisburg, West Virginia, on:
FRIDAY,  JULY 10, 2015,
AT 3:00 O’CLOCK PM
All that certain lot or parcel of land, together with the building and improvements thereon and the easements, rights-of-way, appurtenances thereunto belonging situate in the City of Lewisburg, formerly Lewisburg District, Greenbrier County, West Virginia, about 0.2 of a mile southeast of Montvue Drive on the northeast side of Wildwood Avenue, and being more particularly bounded and described as follows:
Beginning at a re-bar, found on the northeast side of Wildwood Avenue, a corner to Revised Lot No. 64-A of Wildwood Subdivision; thence with Lot No. 64-A, N 30-00 E. 87.23 feet to a ½ “iron pipe, found, a corner to Revised Lot 66-A of Wildwood Subdivision; thence leaving 64-A and with Lot 66-A, S 60-15-30 E 109.82 feet to a rebar, found a corner to Lot 67 and Lot 82 of Wildwood Subdivision; thence leaving Lot 66-A and Lot 67 and with Lot 82, S 30-29-30 W 102.87 feet to a ½”iron pipe, set, on the northeast side of Wildwood Avenue; thence leaving Lot 82 and with Wildwood Avenue, N 49-29-30 W 12.15 feet to a point; thence N 52-24-30 W 97.85 feet to the beginning and containing 10,369 square feet, more or less, as surveyed by Harvey B. Neel of Lewisburg, West Virginia, in July, 1994.”
This is the same property conveyed to Geoffrey Rutherford and Debbie Rutherford by deed dated June 28, 1994, of record in the Clerk’s Office in Book 426, at Page 381.

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 § 11-22-2.
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 PROPER-TY 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 $49,500.00.
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 18th day of June 2015.
HEREFORD & RICCARDI,
PLLC-TRUSTEE
By: Philip B. Hereford, Member
WV State Bar No. 1687
405 Capitol Street, Suite 306
Charleston, West Virginia 25301
Phone: (304) 346-1800
(2,9jl)