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 May 28, 2004, executed by Borrowers, Joan M. Franke and Fred J. Franke, to R. Vance Golden, III, the Trustee of record in the office of the Clerk of the County Commission of Jefferson County, West Virginia, in Book 1316, at Page 710. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 2437 Bower Road, Kearneysville, WV 25430. Pill & Pill, PLLC was appointed as Substitute Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated June 3, 2015, of record in the Clerk’s Office in Book 1158, at Page 523. 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 Jefferson County, in Charles Town, West Virginia, on the following date:
June 14, 2016 at 3:36 p.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 Middleway District, Jefferson County, West Virginia, and being more particularly described as follows:
Situate in the Middleway District, Jefferson County, West Virginia, about 1.7 miles North of Leetown at the intersection of West Virginia Secondary Route 1/1 and Route 3 and more particularly bounded and described as follows;
BEGINNING at a railroad spike (1) set in the northwest corner of said intersection of Route 1/1 and Route 3; thence with Route 1/1 S. 88-01-00 W. 347.58 feet to a point (2); thence N. 75-02-00 W. 153.56 feet to a 5/8″ rebar (3) set as corner to Link; thence with Link N. 18-00-30 W. 113.66 feet to a 5/8″ rebar (4) set at a corner post corner to Ross; thence by new lines through the land of Heartwell S. 71-59-30 E. 49.90 feet to a 5/8″ rebar (5) set; thence N. 62-45-15E. 330.02 feet to a 5/8″ rebar (6) set; thence S. 79-40-15 E 166.79 feet to a. 5/8″ rebar (7) set in the westerly right-of-way of said Route 3; thence with Route 3 S. 10-25-00 W. 245.15 feet to the BEGINNING containing 2.389 acres more or less, according to a plat dated June 18, 1976, prepared by Stanley E. Aulabaugh, WV LLS No. 488, which plat is appended to a deed recorded in the Office of the Clerk of the County Commission of Jefferson County, West Virginia, in Deed Book 410, at Page 752.
Being the same property conveyed to Joan M. Franke, Fred J. Franke by the Deed dated November 19, 1997 and recorded in Deed Book 881, at Page 599 in the Office of the Clerk of the County Commission of Jefferson County, West Virginia.
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:_______________________________
Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971