NOTICE OF TRUSTEE’S SALE
Pursuant to the authority vested in the undersigned Richard A. Pill, Substitute Trustee by Notice of Substitution of Trustee which notice is of record in the Office of the Clerk of the County of Commission of Tucker, West Virginia, and by Deed of Trust dated December 8, 2006, executed by Brian J. Keen and Debra L. Foust to BB&T Collateral Service Corporation, Trustee, which deed of trust is of record in the Office of the Clerk of Tucker County, West Virginia, in Trust Deed Book 219 at Page 55, the undersigned Substitute Trustee has been requested, in writing, by the beneficiary of said deed of trust to sell the real estate described below, as there has been a default under the terms and conditions of said deed of trust. Therefore, the undersigned Substitute Trustee will sell the real estate described in the Deed of Trust, at a public auction on January 9, 2015 at 4:00 p.m. to the highest bidder at the front door of the Courthouse of said County of Tucker, in Parsons, West Virginia, which real estate is more completely described as follows:
Situated in the Town of Davis, Tucker County, West Virginia, described as follows, to-wit:
Lot 14, Tuscan Ridge Subdivision, Section 1, per Second Revised Plat of Tuscan Ridge Subdivision, Section 1, prepared by Rummel, Klepper & Kahl, LLP, dated October 12, 2006, being of record in the Office of the Clerk of the County Commission of Tucker County, West Virginia, in Plat Cabinet 2, Slides 371 and 372, to which plat reference is made for a more particular description of the parcel of real estate described herein.
This conveyance is made together with the right to use all streets, roadways and Common Areas within Tuscan Ridge as shown on the plats of the subdivision. Subject to coal, oil, gas and mineral rights reserved by prior grantor. Also subject to the restrictive covenants, limitations and conditions contained in the Declaration of Covenants, Conditions and Restrictions as filed of record in Book 188, Page 659, and any amendments thereto, including the reservation of casements set forth in Article 9 of the Declaration, and subject to building set-back lines, casements, and other matters as appear on the plat of record for Tuscan Ridge at Canaan, Section 1, in Plat Cabinet 2, Slides 371 and 372, Clerk of the County Commission of Tucker County, West Virginia.
TERMS OF SALE
1. Cash in hand paid on the day of sale.
2. The sale of the property will be made subject to all matters having priority over the deed of trust referred to herein including but not limited to any and all assessments and taxes against said property, all prior liens, encumbrances, lease, restrictions, covenants, conditions, right of ways and easements of any nature whatsoever.
3. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code § 11-22-2.
4. The subject property will be sold in “AS IS” condition. The Substitute Trustee makes no representations and warranties of any kind or character including, but not limited to, the condition of the real estate or the title to the real estate to be conveyed.
5. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
6. The Substitute Trustee reserves the right to adjourn the sale, for a time, or from time to time, without further notice by announcement at the time and place of the sale described above.
7. The beneficiary of the Deed of Trust and holder of the note thereby secured reserves the right to submit a bid for the property at the sale, which bid may be in the form of a credit bid.
8. Such other terms as may be announced at the time of Sale.
Given under my hand this 11th day of December, 2014.
Richard A. Pill, Substitute Trustee