Source: September 27, 2021 0 Comments Read More →

Public Notice

TRUSTEES’ SALE OF VALUABLE REAL ESTATE

2380 Palmer Road, Hedgesville, WV 25427

In a Deed of Trust dated August 19, 2009, and duly recorded in the Office of the Clerk of the County Commission of Berkeley County, West Virginia, in Deed of Trust Book 2406, at Page 463, Alexander Garcia and Nancy T.
Garcia did convey unto National Closing
Solutions, Trustee, certain real property. The beneficial holder of that Deed of Trust has elected to
appoint Terra Abstract Trustee West Virginia, Inc. as substitute trustees by a Substitution of Trustee recorded in the aforesaid Clerk’s Office. Default having occurred under the Deed of Trust and the beneficial holder having instructed the undersigned Trustees to foreclose, this real property will be sold at public auction at the front door of the Berkeley County Courthouse,
100 West King Street, Martinsburg,
West Virginia 25401 on:

November 16, 2021
At 12:00 PM

The property for sale as described by the Deed of Trust is as follows:

SITUATE IN THE
COUNTY OF BERKELEY, STATE OF
WEST VIRGINIA:

BEGINNING AT A BIG WHITE OAK TREE (POINT 14 OF THE
ORIGINAL TRACT) AND CORNER TO HARRY DUGAN, THENCE WITH DUGAN N. 40 DEGREES E. 29.7 POLES TO A STONE ON THE
SOUTHERLY SIDE OF A HARD TOP ROAD; THENCE WITH THE SOUTHERLY SIDE OF SAID ROAD N. 45 DEGREES W. 25 POLES TO AN IRON PIPE CORNER TO A SMALL PARCEL RESERVED FOR JIM KEES; THENCE WITH THE KEES PARCEL N. 83 DEGREES 30 MINUTES W. 28 POLES TO AN IRON PIPE IN A HUGE STONE PILE CORNER TO ELDWOOD FRYE; THENCE WITH FRYE S. 78 DEGREES 30 MINUTES W. 19 POLES TO A STAKE IN THE ORIGINAL LINE; THENCE BY A NEW LINE, WITH LANDS OF G. W. BAYER S. 50 DEGREES N. 61 POLES TO THE BEGINNING, CONTAINING 9 ACRES, MORE OR LESS, AS SHOWN BY A PLAT OF SEME MADE BY T. J. SNYDER, BEARING DATE THE 15TH DAY OF JUNE, 1964, WHICH SAID PLAT IS ATTACHED HERETO, MADE A PART HEREOF AND RECORDED HEREWITH.

LESS AND EXCEPT: .5109 ACRES DEEDED TO KEN A. SANDERS AND VALERIE L. GARCIA SANDERS, RECORDED 6/10/1982 IN BOOK 359, PAGE 150.

ALSO LESS AND EXCEPT: 4 ACRES DEEDED TO EDWARD L. BUTLER AND EVELYN BUTLER, RECORDED 10/7/1974 IN BOOK 282, PAGE 195.

ALSO LESS AND
EXCEPT: 1.3800 ACRES DEEDED TO ANDREW S. FRYE AND MICHAEL K. FRYE BOWERS, RECORDED 4/9/2007 IN BOOK 865, PAGE 429.

TAX I.D. NO: M 19 P 11.1

The purchaser will take the property subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real property.

The purchaser will be responsible for paying any transfer stamp, excise taxes, and recording costs associated with recording the Trustee’s Deed into their name.

The purchaser will be responsible for paying any unpaid property taxes owed to the Sheriff of Berkeley County prior to or following the sale directly to the Sheriff.

The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance having priority over the deed of trust referred to herein.

The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance that is junior (“junior claims”) to this Deed of Trust and to which sufficient notice was not given. In that case, unless such right to notice is waived, the chain of title shall not merge with this Deed of Trust as to those unnoticed deeds of trust, judgments, liens, and other encumbrances and will be subject to a further noticed and published sale under this Deed of Trust pursuant to W.Va. Code 38-1-4, in which bidding shall resume at the last highest bid given. In the event of a surplus of such sale, the mortgagors and noticed junior lienholders are hereby on notice that if such surplus is less than Two Thousand Five Hundred Dollars ($2,500.00), then the Substitute Trustee will disburse those proceeds to the most senior interest holder as it sees fit, unless an objection is made in writing.

The Trustees do not guarantee or represent that the boundaries described above are accurate, are not encroached upon, or that any particular structure located on the property is contained within the described boundaries. The property is therefore sold subject to an accurate survey at purchaser’s expense.

The Trustees reserve the right to adjourn the sale, for a time, or from time to time, by announcement at the time and place of sale described above or any adjournment thereof. Such adjournment will be noticed by posting a notice at the front door of the county courthouse or where such notices are traditionally posted at the county courthouse. Such notice will include the date and time when such sale will reconvene.

The Trustees reserve the right to reject any and all bids for any reason.

The Trustees make no representations as to the condition of the property. The property will be sold in “AS IS” condition.

The Trustees make no representations as to whether the property is occupied. The purchaser is responsible for gaining access and possession of the property. Trustees shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.

The purchaser may assign its rights prior to the delivery of the trustee’s deed by a signed request in writing to the trustee; the assignee of the purchaser shall be bound by all terms and conditions applicable to the purchaser.

The Trustees will deliver a trustees’ deed to the
purchaser without any covenant or warranty
(express or implied) in the form prescribed by W. Va. Code ยง38-1-6. The Trustees make no representations and warranties about the title of the real estate to be conveyed. If the Trustees are unable to convey insurable or marketable title to purchaser for any reason, purchaser’s sole remedy is return of deposit.

TERMS OF SALE:
Purchaser must bring $19,000.00 cash in hand at the time of sale as a deposit in the form of a certified check or cashier’s check made payable to “Stern & Eisenberg Mid-Atlantic, PC, counsel for Terra Abstract.” Those appearing without their deposit will not be allowed to bid. The balance of the successful purchaser’s bid must be proffered in cash within 30 days of the date of the sale. Purchaser shall pay for transfer stamps and recording fees. Additional terms of sale may be announced prior to the sale.

Terra Abstract Trustee West Virginia, Inc.
9920 Franklin Square Drive, Suite 100
Baltimore, MD 21236
(410) 635-5127,
(443) 815-3931
www.sterneisenberg.com

9:27,10:4 (2t)