Public Notice

NOTICE OF
SUCCESSOR
TRUSTEE SALE
THIS IS AN ATTEMPT TO COLLECT A DEBT
TO: KANDICE BRAGG
PROPERTY ADDRESS: 115 Wolf Street, Weirton, WV 26062 Hancock County, Real Property Tax Identification Number Map/Parcel B35B / 0086
Account #06090311
Please take notice that the undersigned Trustee does hereby give notice that on the 7th day of January, 2022, at 11:00 a.m., he will, at the front door of the Hancock County Courthouse, New Cumberland, West Virginia, sell the following described property which was secured by a Deed of Trust dated September 9, 2020, and recorded in the Office of the Clerk of the County Commission of Hancock County, West Virginia, in OR Book 873, at Page 2341, on September 10, 2020, at 9:09 a.m., wherein Kandice M. Bragg, an unmarried woman, conveyed to Daniel P. Taylor, as Trustee for Hancock County Savings Bank, FSB, the following described real property, to secure a Promissory Note dated September 9, 2020, in the amount of $80,000.00 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:
All of that certain lot or parcel of land, situate in the District of Butler, County of Hancock and the State of West Virginia, known and designated as Lot no. 9 of the W. I. Lawrence First Plan Lots, which said plan is of record in the Office of the Clerk of the County Court of Hancock County, West Virginia, in Plat Book No. 4, Page 26.
Excepting and Reserving from said above Lot No. 9 the following part and parcel, beginning at a point on the southeastern corner of said Lot No. 9, thence along a thirty foot street fronting said Lot No. 9 a distance of 55 feet to a point at side of said street; thence in a general westerly direction on a straight line parallel with the length line of said Lot No. 9 to the rear line of said Lot No. 9 where it adjoins a 15 foot alley; thence from that point along the side of said alley for a distance of 55 feet to the southwest corner of Said Lot No. 9; thence along the boundary line of said Lot No. 9 and a 15 foot alley to the point of beginning. Said conveyed tract being a fifty-five (55) foot strip at south side of said lot from front line to rear line. Said part and parcel conveyed to Leroy Mack Ensminger, by deed dated the 23rd date of May, 1952, made by George J. Lamp and Virginia R. Lamp, his wife, and of record in the Clerk of the County Court of Hancock County, West Virginia. Also excepting and reserving from said above Lot No. 9, the following part and parcel; beginning at a point on the southeastern corner of said Lot No. 9; thence along a thirty foot street fronting said Lot No. 9 for a distance of 55 feet to a point at the side of said street, said point being the point of beginning; thence in a general westerly direction on a straight line along land owned by Leroy Mack Ensminger, said line being parallel with the length line of said Lot No. 9, for a distance of 125 feet to a point; thence in a northerly direction in a straight line parallel to the front line of said Lot No. 9 for a distance of 40 feet to a point; thence in an easterly direction in a straight line parallel to the length line of said Lot No. 9 for a distance of 125 feet to a point in the front line of said Lot No. 9; thence in a southerly direction along the front line of said Lot No. 9 for a distance of 40 feet to the a place of beginning, together with the use of a certain driveway adjacent to the abutting said parcel of land, said driveway being of the approximate dimensions of 12 feet by one hundred feet (100). Said part and parcel conveyed to Richard C. Wilson and Margaret Wilson, his wife, by deed dated the 5th day of March, 1954, made by George J. Lamp and Virginia R. Lamp, his wife, and of record in the Office of the Clerk of the County Court of Hancock County, West Virginia.
BEING the same property conveyed to Dorothy E. Wise by the Last Will and Testament of Ancel C. Wise, Jr. who departed this life, September 5, 2002 and whose Will, dated September 17, 1981 was recorded in the Office of the Clerk of the County Commission of Hancock County, West Virginia in Will Book 32, Page 523.
LESS AND EXCEPTING All that certain parcel of land situate in the Butler District, Hancock County, West Virginia, and being more fully described as follows:
Beginning at an axle, found on the northwest line of Wolf Street, at the common southeast corner of Lot 7 and Lot 9, W.1. Lawrence First Plan of Lots, as recorded in Plat Book 4, page 26 in the Office of the Clerk of Hancock County, West Virginia; Thence with the common line of Lot 9 and Wolfe Street, South 45 deg. 11 min. 47 sec. West 80 feet to common corner of Wise and the lands, now or formerly of Christopher W. Everhart, Unmarried, as recorded in OR Book Page 960, said corner being the south corner of a 12 foot by a 100 foot driveway; Thence with the common line of Wise, the 12 foot by 100 foot right of way, and Everhart, North 45 deg. 00 min. 00 sec. West 125.00 feet to an iron pin, found at the common corner of Wise and Everhart; Thence with the common line of Wise and Everhart, South 45 deg. 11 min. 47 sec. West 40.00 feet to 5/8 – inch rebar, set; Thence with the common line of Wise and Everhart, North 45 deg. 00 min. 00 sec. West 128.49 fee to an 5/8 – inch rebar, set at their common corner, said iron pin being on the southeast line of a 15 unopened alley; Thence with the common line of Wise and said unopened alley, North 45 deg. 00 min. 00 sec. East 40.00 feet to a 5/8 – inch rebar, set;
Thence through the lands of Wise, South 45 deg. 00 min. 00 sec. East 128.63 feet to the place of beginning, containing 0.12 acres, more or less, and as more fully shown and noted on the plat attached to and made part of this description.
TERMS OF SALE:
CASH
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.
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 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 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.
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.
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. Given under my hand this 29th day of November, 2021.
By:
DANIEL P. TAYLOR, ESQ., Trustee
Dittmar, Taylor & Makricostas, PLLC
320 Penco Road,
P.O. Box 2827
Weirton, WV 26062
Telephone: 304-723-9670
WDT Dec 3, 10, 2021