NOTICE OF TRUSTEE’S SALE
NOTICE OF TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, Pill & Pill, PLLC, by that certain Deed of Trust dated August 16, 2006, executed by Borrower(s), Richard E Seeley and Joan M Seeley, to Charles B. Howard, Esq., the Trustee of record in the office of the Clerk of the County Commission of Berkeley County, West Virginia, in Book 1984, at Page 638. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 125 Ellis St, Martinsburg, WV 25401. Pill & Pill, PLLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated December 14, 2021, of record in the Clerk’s Office in Book 3845, Page 522. The borrower(s) defaulted under the Note and Deed of Trust and the Substitute Trustees have been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustees will sell the following described property to the highest bidder at the front door of the Courthouse of Berkeley County, in Martinsburg, West Virginia, on the following date:
February 15, 2022 10:06 A.M.
That certain lot or parcel of real estate, with the improvements and appurtenances thereunto belonging, situate in Martinsburg District, Berkeley County, West Virginia, and more particularly described as follows:
Lot No. 1: Beginning at (1), a set 5/8″ capped rebar corner to Seeley (P/O D.B. 296/251, Residue), and corner in the western right-of-way line of Ellis Avenue, said corner being located S. 34 deg. 33′ 31″ W. 198.21′ from (5), a found 5/8″ steel rod, thence with said right-of-way of Ellis Avenue S. 34 deg. 33′ 31″ W. 188.35′ to (2), a found 1″ steel bolt, corner in the right-of-way line of Ellis Avenue and in the northern right-of-way line of Rimel Street, thence with Rimel Street N. 48 deg. 34′ 31″ W. 126.53′ to (3), a set railroad spike, corner in the right-of-way line of Rimel Street and corner to Lot 2, said corner being located S. 48 deg. 34′ 31″ E. 121.15′ from (6), a found 1/2″ steel rod, thence with Lot 2 and a new line of division N. 36 deg. 04′ 35″ E. 106.52′ to (4), a set 5/8″ capped rebar, corner to Lot 2 and corner in the line of Seeley (Residue), thence with Seeley S. 53 deg. 55′ 25″ E. 122.84′ to (1), the Beginning containing 0.3208 acres (13,974.05 square feet), more or less, as surveyed by Entech Associates, Inc., Wayne D. Norton, LLS, as shown on the Plat of Survey of record in the Office of the Clerk of the County Commission of Berkeley County, West Virginia, in Deed Book No. 525, at Page 432, which reference is hereto made for a more particular description of the property conveyed. Lot No. 2: Beginning at (4), a set 5/8″ capped rebar, corner in the line of Seeley (P/O D B 296/251, Residue), and corner to Lot 1, thence with Lot 1 and an new line division S. 36 deg. 04′ 35″ W. 106.25′ to (3), a set railroad spike, corner to Lot 1 and corner in the northern right-of-way line of Rimel Street, said corner being located N. 48 deg. 34′ 31″ W. 126.53′ from (2) a found 1″ steel bolt, thence with said right-of-way line of Rimel Street N. 48 deg. 34′ 31″ W. 121.25′ to (6), a found 1/2″ steel rod, corner in the right-of-way line of Rimel Street and corner to Parsons (D.B. 426/37) thence with Parsons N. 34 deg. 48′ 08″ E. 95.24′ to (7), a set 5/8″ capped rebar, corner in the line of Parsons and corner to Seeley (Residue), said corner being located S. 34 deg. 48′ 08″ W. 186.72′ from (8), a found 1/2″ steel rod, thence with Seeley (Residue) S. 53 deg. 55′ 25″ E. 122.84′ to (4) the Beginning containing 0.2818 acres (12,275.21 square feet), more or less, as surveyed by Entech Associates, Inc., Wayne D. Norton, LLS, as shown on the Plat of Survey of record in the Office of the Clerk of the County Commission of Berkeley County, West Virginia, in Deed Book No. 525, at Page 434, to which reference is hereto made for a more particular description of the property conveyed. Residue: Beginning at (8), a found 1/2″ steel rod, corner in the line of Parsons (D.B. 426/37) and corner to Taska (D.B. 422/671), said corner being located S. 34 deg. 37′ 18″ W. 149.76 from (9), a found 1″ steel bolt, thence with Taska S. 56 deg. 36′ 26″ E. 244.85′ to (5), a found 5/8″ steel rod, corner to Taska and corner in the western right-of-way line of Ellis Avenue, S. 34 deg. 33′ 31″ W. 198.21′ to (1), a set 5/8″ capped rebar corner in the right-of-way line of Ellis Avenue and corner to Lot 1, said corner being located N. 34 deg. 33′ 31″ E. 118.35′ from (2), a found 1″ steel bolt, thence with Lot 1 in part and finally with Lot 2 and is a new line division N. 53 deg. 55′ 25″ W. 245.68′ passing (4), a set 5/8″ capped rebar at 122.84′ to (7), a set 5/8″ capped rebar corner to Lot 2 and corner in the line of Parsons (D.B. 426/37), thence with Parsons N. 34 deg. 48′ 08″ E. 186.72′ to (8), the Beginning, containing 1.0834 acres, more or less, as surveyed by Entech Associates, Inc., Wayne D. Norton, LLS, as shown on the Plat of Survey, “Residue,” of record in the Office of the Clerk of the County Commission of Berkeley County, West Virginia, in Deed Book No. 525, at Page 436, which reference is hereto made for a more particular description of the property conveyed.
Being the same property conveyed to Richard E Seeley and Joan M Seeley by the Deed dated July 27 2001 and recorded in Deed Book 674 at Page 150 in the Office of the Clerk of the County Commission of Berkeley County, West Virginia.
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 of redemption, all property taxes, prior Deeds, liens, reservations, encumbrances, restrictions, rights-of-ways, easements, covenants, conveyances and conditions 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 § 11-22-1.
3) 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.
4) 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.
5) The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate said 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.
6) The total purchase price is payable to the Trustee within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale.
Pill & Pill, PLLC, Substitute Trustee
BY:
Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
[email protected]
1:20;25/2:1;8 (4t)