NOTICE OF
TRUSTEE’S SALE
Notice is hereby given that by virtue of the authority under that certain deed of trust executed by Timothy Martin Tingler, Jr. and Marcon L. Tingler, to Jeffrey S. Bowers, Trustee(s) dated December 20, 2011, and recorded in the office of the Clerk of the County Commission of Pendleton County, West Virginia, in Trust Deed Book 135, at page 494, by which was conveyed to said Trustee(s) the hereinafter described real estate to secure the payment of a certain promissory note set out and described therein, and default having been made in the payment of said note, the undersigned Substitute Trustee(s) having been appointed Substitute Trustee by an Appointment of Substitute Trustee dated August 23, 2016, and having been requested in writing by the holder of said note, will sell to the highest and best bidder on December 15, 2016 at 2:00 p.m., at the front door of the courthouse of Pendleton County, West Virginia, the real estate conveyed by said deed of trust and situate in Circleville District, Pendleton County, West Virginia, together with easements, improvements and appurtenances thereunto belonging, and at the time of the signing of the Deed of Trust it was reported that the address was: 293 Grey Squirrel Lane, Circleville, West Virginia, and being more particularly bounded and described therein as follows:
All that (those) certain lot(s), tract(s), or parcel(s) of land, together with the improvements thereon and all appurtenances thereunto belonging, or in anywise appertaining, designated as 293 Grey Squirrel Lane, lying and being situate on Big Mountain and one-fourth (1/4) mile south of Forest service Road 45, in Circleville District, Pendleton County, West Virginia, and containing 1.94 acres, more or less, and more particularly described by metes and bounds in the Description of Survey and Plat of record in Deed Book 184, at Page 302 and 303, as prepared by Thomas W. Firor, Professional Surveyor, and being the same real estate conveyed to Grantors by Deed dated December 20, 2011, and recorded on December 2, 2011, in the office of the Clerk of the County Commission of Pendleton County, West Virginia, in Deed Book 189, at Page 315.
The Grantors further grant and convey to the Grantee, his heirs and assigns, an easement for ingress and egress from the public road to the real estate herein conveyed, the same to follow the existing roadway from the public road to the real estate herein conveyed, and being the same easement reserved in that certain Deed dated May 3, 1989, and recorded in the Clerk’s Office aforesaid from Marshal Tingler, etal, to Timothy Tingler and Melinda Tingler, his wife.
Said conveyance is subject to a reservation for Jerrold P. Tingler, Marshall Tingler and Betty Tingler, their heirs and assigns, of an easement for ingress and egress across the real estate herein conveyed to the adjoining lands, the same to follow the existing roadway.
The Grantors further grant and convey unto the Grantee, his heirs and assigns, all rights and way and easements appertaining to the aforesaid real estate.
This conveyance is made subject to all exceptions, reservations, covenants, conditions, easements, and right-of-ways created or mentioned in prior instruments of record affecting the property herein conveyed, as well as granting and conveying any all rights of ways or easements of benefit for said property.
This sale is made subject to any special assessments, unpaid taxes, easements, conditions, reservations and restrictions affecting the aforesaid real estate.
The property will be conveyed in an “AS IS” condition by Deed containing no warranty, express or implied, subject to 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.
Pursuant to the terms of said deed of trust, the Substitute Trustee(s) may postpone the sale by public announcement at the time and place designated for the sale. The West Virginia Housing Development Fund or its designee may purchase the property at any sale.
The Substitute Trustees 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.
TERMS OF SALE: Cash in hand on day of sale.
DATED this 23rd day of November, 2016.
Pill & Pill, PLLC,
Substitute Trustee
BY:
Richard A. Pill,
Member
304-263-4971
foreclosures@pillwvlaw.
com 12-1-2c