NOTICE OF TRUSTEE’S SALE
Notice is hereby given by the undersigned Successor Trustee, in accordance with the provisions of that certain Deed of Trust,
dated December 15, 2005, made by Karen A. Hurst, now known as Karen Caicea as Grantor, and Moffatt & Wittstadt, PLLC, as Trustee, of record in the Office of the Clerk of the County Commission of Berkeley County, West Virginia, in Trust Deed Book 1832, at page 31 (the “Deed of Trust”), which Deed of Trust was assigned to Ocean 18, LLC, by instrument dated May 30, 2012, recorded in Assignment Book 1014, at page 128, which Deed of Trust was further assigned to Ciras, Inc., by instrument dated March 2, 2020, recorded in
Assignment Book 1281, at page 12, to secure indebtedness described therein payable to Mortgage Lenders Network USA, Inc., in the principal amount of $40,000.00, as evidenced by that certain Note, dated December 15, 2005, made payable by Karen A. Hurst to the
order of Mortgage Lenders Network USA, Inc.
(along any renewals,
adjustments, extensions, or modifications, the “Note”), which Deed of Trust covers certain real estate situate in Berkeley County, West Virginia, more particularly described herein; and
Pursuant to authority granted in the Deed of Trust, Ciras, Inc., the
owner and holder of the Note secured by the Deed of trust, appointed Stephen M. Mathias, a resident of Berkeley
County, West Virginia, and Zachary J.
Rosencrance, a resident of Kanawha County, West Virginia, to serve as
Successor Trustees, by that certain Appointment of Successor Trustee,
dated October 18, 2021, of record in the aforesaid Clerk’s office in
Appointment of Trustee Book 3801, at page 108.
Ciras, Inc., the owner and holder of the Note secured by the Deed of Trust, has notified the Successor Trustee that Karen Caicea is in default under the terms of the Note, and that Karen Caicea is in default under the terms of the Deed of Trust, and has
requested, in writing, that the Successor Trustee sell the real property described in the Deed of Trust at public auction, in accordance with the terms of the Deed of Trust and applicable law.
TAKE NOTICE that the undersigned Successor Trustee will offer for sale at public auction on the 14th day of December, 2021, at 11:00 a.m.,
prevailing Eastern time, at the front door of the Berkeley County Courthouse, 400 W. Stephen Street, Martinsburg, West
Virginia, all those certain lots, tracts, or parcels of land together with the buildings and
improvements thereon, easements, rights of way, and the appurtenances thereunto belonging
situate in the City of Falling Waters, Berkeley County, West Virginia, and more particularly described as follows (hereinafter, the
“Real Property”):
Lot No. 8, Phase 1, Northwind Subdivision, as set forth on a plat of
survey dated March 1, 2001, prepared by Davis, Renn & Associates, Inc., a copy of which is recorded in the Office of the Clerk of the County Commission of Berkeley County, West Virginia, in Plat Cabinet Book 9, at page 7,
together with an access right-of-way for ingress and egress to and from all lots within subdivision as set forth on the aforesaid plant.
Being the same real estate conveyed to Karen A. Hurst by deed of
Panhandle Homes of Berkeley County, Inc., a West Virginia corporation, dated September 12, 2003, and recorded in the Office of the Clerk of the County Commission of Berkeley County, West Virginia, in Deed Book 742 at page 534.
At the time of the execution of the Deed of Trust, this property was reported to have an address of:
177 North Michigan Drive, Falling Waters, WV 25419.
TERMS OF SALE
The Real Property will be sold for cash in hand on the date of sale, or under any different, other, or additional sale terms as the Successor Trustee, in his or her reasonable discretion, determines to be appropriate or advisable. The sale shall be further subject to the following:
1. Real estate taxes delinquent, due or payable or to become due and payable, all of which shall be the responsibility of the purchaser;
2. Any statutory lien or liens that may affect the subject property;
3. All covenants, conditions, restrictions, reservations, easements and rights-of-way appearing of record in the chain of title to the property, or which may be visible from a physical inspection of the subject property;
4. All liens and encumbrances of any nature whatsoever, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges, having priority over the deeds of trust referred to herein.
5. The purchaser at the sale shall be responsible for paying the costs of recording the Successor Trustee’s Deed and the tax imposed by the State of West Virginia on the privilege of transferring real property (the cost of the tax stamps to be affixed to the Deed).
6. All of the property to be sold will be sold “AS IS, WHERE IS” in the present condition and with all faults and defects, if any, and without any warranty or representation, express of implied. The Successor Trustee shall be under no duty to cause any existing tenant or person occupying the Real Property to vacate said property. The Successor Trustee will deliver a trustee’s deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code § 38-1-6. The Successor Trustee makes no representations and warranties about the title to the real estate to be conveyed. If the Successor Trustee is unable to convey insurable or marketable title to the purchaser for any reason, purchaser’s sole remedy is return of deposit.
7. 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.
8. The undersigned Successor Trustee expressly reserves the right to reject any and all bids, and the right to adjourn the sale from time to time without notice other than oral proclamation at the time and place appointed for the sale. Such adjournment may be for a period of time deemed expedient by the beneficial owner and shall not be construed to be a waiver of the right to make the sale contemplated by this Notice.
9. The beneficiary of the Deeds of Trust and holder of the Note thereby secured reserves the right to submit a bid for the Real Property at the sale, which bid may be in the form of a credit bid.
10. The successful bidder will be required to execute a memorandum of sale upon the acceptance of the successful bid by the Successor Trustee.
11. The sale is subject to post-sale confirmation that none of the grantors filed for bankruptcy protection before the conclusion of bidding, in which case the sale will be null and void and the purchaser’s sole remedy, at law or in equity, will be return of deposit without interest.
Additional terms of sale may be announced prior to the sale.
Any inquiries regarding this sale may be directed to Zachary J. Rosencrance, Successor Trustee, 600 Quarrier Street, Charleston, West Virginia 25301, telephone (304) 347-1100.
DATED: November 10, 2021.
/s/ Zachary J.
Rosencrance
Zachary J. Rosencrance, Successor Trustee
Stephen M. Mathias,
Successor Trustee
11:23,30 (2t)