NOTICE OF SUCCESSOR
TRUSTEE SALE
THIS IS AN ATTEMPT TO
COLLECT A DEBT
TO: MELISSA A. BUCHANAN AND MICHAEL R. BUCHANAN SR
PROPERTY ADDRESS:
116 Woodcrest Road, Follansbee, WV 26037
Brooke County,
Real Property Tax Identification Number Map / Parcel C14M-0240 & C14M-0241
Account #03400946; 03400944 & 03400945
Please take notice that the undersigned Successor Trustee, does hereby given notice that on the 21st day of October, 2021, at 10:00 a.m, he will, at the front door of the Brooke County Courthouse, Wellsburg, West Virginia, sell the following described property which was secured by a Deed of Trust dated May 11, 2010, and recorded in the Office of the Clerk of the County Commission of Brooke County, in Deed of Trust Book 493, at Page 502 on May 12, 2010, at 1:48 p.m.,wherein Melissa A. Buchanan and Michael R. Buchanan Sr., by Melissa A. Buchanan, his attorney in Fact conveyed to Raymond A. Hinerman, as Trustee for Hancock County Savings Bank, FSB, the following described real property, to secure a Promissory Note dated May 11, 2010, in the amount of $65,000.00. The undersigned was duly appointed as Successor Trustee. Pursuant to the terms of said Note, default having been made, the undersigned was requested in writing by the holder of the note to conduct a sale pursuant to said Deed of Trust:
PROPERTY TO BE SOLD:
PARCEL 1:
ALL that certain part of lot or parcel of land, known as Lot No.10 of Hooverson Heights of Follansbee, Cross Creek District, Brooke County, West Virginia, as platted and laid out by M.E. Boyd,, C.E., and shown by map bearing date May 25, 1914, and recorded in Deed Book No. 48, page 142, on the records of Brooke County, West Virginia; bounded and described as follows: Beginning at a point in the center of road fifteen (15) feet distant from the corner of Lots Nos. 9 and 10; thence S. 51 degrees 45′ East 110 feet to stake; thence N. 38 degrees 15′ East 90 feet to stake; thence N. 51 degrees 45′ West 110 feet to center of said road; thence along center of road, S. 38 degrees 15′ West 90 feet to place of beginning.
PARCEL 2:
All that certain tract or parcel of land situate in Cross Creek District, Brooke County, West Virginia, more particularly described as follows, to-wit:
Being a parcel of land located at the Southeast corner of Lot No. 10, in Hooverson Heights Plan of Lots and owned by Marvin Platter, said property being more that particularly bounded and described as follows: Beginning at the southeast corner of Lot No. 10 of Hooverson Heights Plan of Lots (lands of Platter); thence with the east line of said Lot No. 10 of Hooverson Heights Plan of Lots (land of Platter), North 38 degrees 15′ East 100 feet to a point in said line; thence through said Lot No. 10 of Hooverson Heights Plan of Lots (land of Platter), North 51 degrees 45′ West 130.0 feet to a point in the south line of said Lot No. 10, Hooverson Heights Plan of Lots (lands of Platter); thence with said line South 51 degrees 45′ East 130.0 feet to the place beginning, together with the use of a certain15 foot right-of-way as shown on a map showing a tract of 0.3 acre on lands of Marvin Platter, containing 0.3 acres, more or less.
PARCEL 3:
All that certainparcel of land situate in Hooverson Heights, Brooke County, West Virginia, Cross Creek District and more particularly described as follows:
Being a part of Lot No. 10 of the Hooverson Heights Plan of Lots, and being more fully described as follows: Beginning at a point in the center of Woodcrest Road, said point being the southwest corner of said Lot No. 10, thence with the center of said road N 38 degrees 15′ E 200.00 feet to a point; thence again with the center of said road N 74 degrees E 97.6 feet to a point; thence S 74 degrees 50 E 275.0 feet to a point; thence leaving said road and with the west side of a 15 foot right of wat through lands of Marvin Platter S 38degrees 15′ W 252.0 feet to a point; thence N 41 degrees 45′ W with lands of Sandy 30 ft. to a point, the true place of beginning of the property to be herein conveyed; thence N 37degrees W 60 feet to a point; thence S 38 degrees 15′ W 90 feet to a point; thence S 51 degrees 45′ E 60 feet to a point; thence N 38 degrees 15′ E 100 feet to the place of beginning.
The foregoing parcel of land is shown on the attached plat which is a division of lot #10 of Hooverson Heights Plan of lots as drawn by H.C. Fell the plot is shown in slashed lines on the plat.
The conveyance is subject to a 15′ right of way as shown on the attached plat and is subject to the conveyance of the shaft vein of coal and mining privileges heretofore made by John A. McKim et al, to the LaBelle Iron Works by deed bearing date of the 20th day of June, 1907 and recorded in deed book 37 at page 135 in the office of the Clerk of Brooke County Commission, Wellsburg, West Virginia.
This conveyance is further subject to the reservation by J. Milton Hover and Mabel J. Hover, their successors and assigns, of the fee in all streets, alleys. roads and public ways adjoining said premises as shown on said map, and the right to grant all franchises whatsoever along, on, over and across the same, granting only the right of ingress, egress and regress along, on over and across the said streets, alleys and roads, and the right to maintain and repair the same.
This deed is also made subject to streets, alleys and rights of way, and in particularly is subject to the use being made of a 15 foot strip along the north side for a roadway known as Woodcrest Road and shown on the plat.
TERMS OF SALE: CASH
1). The property will be conveyed in as “AS IS” physical condition by Deed containing no warrant, express or implied, subject to the Internal Revenue Service right to redemption, all property taxes, prior Deeds, liens, reservations, encumbrances, restrictions, right-of-ways, easements, covenants, conveyances and condition 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 sec. 11-22-2.
3). The Purchaser shall be responsible for the payment of all unpaid real estate taxes associated with the property.
4). 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.
5). 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.
6). The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate the property, and any person property and/or belongings remaining on the property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY.
7). The total purchase price is payable to the Trustee by cashier’s check, cash or equivalent within thirty (30) days of the date of sale, with ten percent (10%) of the total purchase price payable to the trustee at sale by cashier’s check, cash or equivalent. A ten percent (10%) buyer’s premium will apply to the final bid price.
8). In the event that there are Federal Tax Liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer.
The Trustee or his successor may postpone the sale of the aforesaid property by public announcement at the time and place of sale or adjourn the same from time to time.
Given under my hand this 16th day of September, 2021
Daniel P. TAYLOR, ESQ.
Successor Trustee
DITTMAR, TAYLOR &
MARKICOSTAS, PLLC
320 Penco Road
P.O. Box 2827,
Weirton, WV 26062
WDTSept. 21, 28, 2021