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(s) by that certain Deed of Trust dated July 15, 2004, executed by Eric R. Finlen and Julia A. Finlen to Thomas R. Ross, II, Trustee, of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Book 382, at Page 547, which Deed of Trust was assigned by Mortgage Electronic Registration Systems, Inc. to The Huntington National Bank by ASSIGNMENT dated January 14, 2016, of record in the Clerk’s Office in Book 38, at Page 529. Hereford & Riccardi, PLLC was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated January 20, 2016, of record in the Clerk’s Office in Book 542, at Page 593. 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 Randolph County, in Elkins, West Virginia, on:
THURSDAY, MARCH 3, 2016, AT 11:00 O’CLOCK A.M.
All that certain tract or parcel of real estate, together with the buildings, improvements, and appurtenances thereunto belonging, including a 1994 Commodore Mobile Home, Serial No. AT28655AB, Model No. EE309A, situate in Huttonsville District, Randolph County, West Virginia, situated about 3.7 miles South of the Town of Huttonsville, West Virginia, via U.S. Route 250, being more particularly bounded and described as follows:
Beginning at a found (reset) iron pin, the southwest corner of the original tract, also being on the eastern right-of-way of U.S. Route 250; thence northerly, with the eastern right-of-way of U.S. Route 250, 1 line; N. 36∂ 10’ W. 160.00 feet, to a set pin; thence leaving U.S. Route 250, with a partition line dividing the original tract, 1 line; N. 53∂ 50’ E. 179.45 feet, to a set iron pin the northeast corner to the partition tract, on a line of the original tract; thence southerly with a part of the original boundary, 1 line; S. 36∂ 10’ E. 138.14 feet, to a set iron pin, the southeast corner of both the partition line and the original tract; thence westerly, with the boundary of the original tract, 1 line; S. 46∂ 58’ 23” W. 180.74 feet, to the beginning, containing 0.61 acres, including a manufactured home, Serial No. AT28655AB-EE3094, Certification Label No. RADCO 790291 790292, manufactured by The Commodore Corporation, as surveyed in December, 1994, by Hannah & Associates, Inc.
This is the same property conveyed unto Eric R. Finlen and Julia A. Finlen by deed dated July 15, 2004, of record in Clerk’s Office in Book 497, at Page 269.
This conveyance is made subject to all easements, rights of way, restrictions, reservations and protective covenants, including but not limited to all oil, gas and mineral exceptions, reservations and leases, appearing in the chain of title.
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 section 11-22-2.
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 the 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 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.
Given under my hand this 10th day of February, 2016.
HEREFORD & RICCARDI, PLLC-TRUSTEE
By: Philip B. Hereford, Member
405 Capitol Street, Suite 306
Charleston, West Virginia 25301
Phone: (304) 346-1800
WV State Bar No. 1687
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