NOTICE OF TRUSTEE’S SALE
NOTICE is hereby given that default having been made under the terms of a Deed of Trust dated January 21, 2010, and of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Trust Deed Book 5038, at page 3226, executed by Joanna M. Cernuto to Alan R. Terry and Carl W. Roop, Trustees, securing Pioneer Community Bank, which was given to secure the payment of the note therein described, and demand having been made upon the undersigned so to do, the undersigned Trustee, Carl W. Roop will, on the 28th day of December, 2018, at the front door of the Raleigh County Courthouse, in the City of Beckley, West Virginia, at 9:30 a.m., sell the property hereinafter described, which property was conveyed in said Deed of Trust, and being more particularly described as follows:
The surface of that certain lot or parcel of land, together with any appurtenances thereunto belonging, situated in Town District, Raleigh County, West Virginia, and more particularly being a part of Lot No. Forty-Three (43) of the Crab Orchard Truck Farms and more particularly shown and designated as such upon a map marked, “MAP OF CRAB ORCHARD TRUCK FARMS, NEAR CRAB ORCHARD, TOWN DISTRICT, RALEIGH COUNTY, W.VA., ETC., MARCH 29, 1939”, which map is of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, with a deed from J.H. Lilly Land Company, a corporation, to Luke I. Martin, bearing date the 20th day of September, 1939, and recorded in Deed Book 160, at Page 119, to which said map express reference is hereby made for a more complete description of the property herein conveyed.
Said lot fronts 75 feet along the line of Lot No. Forty-Two (42) and extends back therefrom in a northerly direction along with Lot No. Forty-Four (44), 110 feet to a new division line of Lot No. Forty-Three (43) a distance of 75 feet, then along the boundary line of Lot No. Forty-Three (43) a distance of 100 feet back to the line of Lot No. Forty-Two (42) and being the point of beginning.
And being the same property conveyed to Joanna M. Cernuto, by Deed dated the 23rd day of January, 2003, from Alan R. Terry and Tammy L. Terry, his wife, and Robert S. Dickens, Jr. and Janie A. Dickens, his wife, and said Deed is of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Deed Book 5008 at page 9321.
Said property will be sold upon the following terms and conditions:
1. Cash in hand on day of sale.
2. The property will be conveyed in an “AS IS” condition by Deed containing Special Warranty of Title, subject to the Internal Revenue Service right of redemption, all property taxes, prior Deeds, validly enforceable prior liens, reservations, encumbrances, restrictions, right-of-ways, easements, covenants, conveyances and conditions of record in the Clerk’s office or affecting the subject property.
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, or remove any personal property and/or belongings remaining at the property.
6. The purchaser(s) at the sale shall be responsible for paying the recording costs and also the tax on the privilege of transferring real property.
7. In the event there are Federal Tax Liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer.
CARL W. ROOP, TRUSTEE
11-30-FRI-2-RH; LG 177065
ID: 177065