Hampshire

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 March 4, 2005, executed by Borrowers, Connie J. Martin and Leon J. Martin, to Bryon Nazelrod, the Trustee of record in the office of the Clerk of the County Commission of Hampshire County, West Virginia, in Book 387, at Page 53. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of RR 1 Box 163A1, Paw Paw, WV 25434-9621. Pill & Pill, PLLC was appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated December 23, 2015, of record in the Clerk’s Office in Book 593, Page 546. The borrowers defaulted under the Note and Deed of Trust and the Substitute Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute 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:

February 11, 2016 at 9:06 a.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 Bloomery District, Hampshire County, West Virginia, and being more particularly described as follows:

ALL THAT CERTAIN TRACT OR PARCEL OF REAL ESTATE, SITUATE IN BLOOMERY DISTRICT OF HAMPSHIRE COUNTY, WEST VIRGINIA, KNOWN AND DESIGNATED AS LOT NO. TEN (10) OF FOREST HILLS ESTATES SUBDIVISION, CONTAINING 2.503 ACRES, MORE OR LESS, ACCORDING TO A PLAT OF SAID SUBDIVISION, DATED JULY 11, 1991, PREPARED BY FRANK A. WHITAKER, LLS, OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF HAMPSHIRE COUNTY, WEST VIRGINIA, IN MAP BOOK NO. 6, AT PAGE 87, SAID PLAT IS EXPRESSLY INCORPORATED HEREIN BY REFERENCE FOR A MORE PARTICULAR DESCRIPTION OF THE REAL ESTATE HEREIN CONVEYED.

THE REAL ESTATE HEREIN CONVEYED IS SUBJECT TO THE TERMS OF THAT CERTAIN DOCUMENT ENTITLED FOREST HILLS ESTATES DEDICATION OF PLAT AND DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS WHICH IS OF RECORD IN THE AFORESAID CLERK’S OFFICE IN DEED BOOK NO. 328, AT PAGE 752, AND WHICH IS EXPRESSLY INCORPORATED HEREIN BY REFERENCE AND EXPRESSLY MADE A PART HEREOF AS IF SET FORTH VERBATIM HEREIN. BY ACCEPTANCE OF THIS DEED OF CONVEYANCE AND BY THEIR SIGNATURES AFFIXED HERETO, THE GRANTEES ACKNOWLEDGE RECEIPT OF A COPY OF SAID DOCUMENT AND AGREE TO BE BOUND BY ALL OF THE TERMS THEREOF. THE COVENANTS, CONDITIONS AND RESTRICTIONS SET FORTH THEREIN ARE COVENANTS RUNNING WITH THE LAND.

BEING THE SAME PROPERTY CONVEYED TO LEON J. MARTIN AND CONNIE J. MARTIN, HIS WIFE JOINT TENANTS WITH THE RIGHTS OF SURVIVORSHIP BY DEED FROM TERRY C. ALKIRE, SR. RECORDED 07/10/2003 IN DEED BOOK 424 PAGE 542, IN THE CLERK’S OFFICE OF THE COUNTY COMMISSION OF HAMPSHIRE COUNTY, WEST VIRGINIA.

TAX ID# 63 MAP/PARCEL 8/168 AND ACCOUNT #524

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 § 11-22-1.

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{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the Trustee at sale.

Pill & Pill, PLLC, Substitute Trustee

BY: Richard A. Pill, Member

Pill & Pill, PLLC

85 Aikens Center

Edwin Miller Boulevard

P.O. Box 440

Martinsburg, WV 25402

304-263-4971

[email protected]

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