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 December 28, 2017, executed by Borrower(s), Jay A Isaly, to James T McClure, the Trustee of record in the office of the Clerk of the County Commission of Ohio County, West Virginia, in Book 1557, at Page 167. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 746 Gashell Run Rd, Triadelphia, WV 26059. Pill & Pill, PLLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated July 25, 2019, of record in the Clerk’s Office in Book 1602, Page 131. 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 Ohio County, in Wheeling, West Virginia, on the following date:
October 21, 2022
at 1:00 P.M.
The following described parcel of land, situate upon the westerly side of Gashell Run Road, also known as Ohio County Route No. 40/3, located in the Triadelphia District of Ohio County, West Virginia. Bounded and being more particularly described as follows:
Beginning at a point located in or near the center of the traveled part of Gashell Run Road at its intersection with the northeasterly corner of the 0.700 acre parcel of land that was conveyed to Donna Jean Grover by a Deed dated on the 23rd day of December, 1975, and recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed Book 565, at page 582. Thence, leaving the last mentioned parcel of land, and now with the said road, N. 27 23` 10″ W. for a distance of 131.88 feet to a point located at the westernmost corner of the 1.00 acre parcel that was conveyed to James J. Kuthy and Nancy L. Kuthy, husband and wife, by a Deed dated on the 19th day of November, 2007, of record in the said Clerk`s Office in Deed Book 781, at page 301. Thence, with the said road, and also with the said 1.00 acre Kuthy parcel, N. 29 degrees 38` 20″ W. for a distance of 222.71 feet to a point. Thence, leaving the last mentioned parcel of land, and now with the said road, N. 30 degrees 40` 20″ W. for a distance of 145.41 feet to a point in the center of the said road. The true place of beginning for the parcel of land to be described heroin.
Thence, from the said true place of beginning, and with the said center of Gashell Run Road, N. 29 degrees 49` 30″ W. for a distance of 226.21 feet to a point. Thence, leaving the said road, and now through the lands that are remaining to the grantors herein, and also with on existing fence, S. 57 degrees 12` 40″ W. passing an iron bar set on line at 11.87 feet, passing an iron bar set on line at 124.76 feet, for a total distance of 197.11 feet to a set iron bar. Thence, with the same, S. 29 degrees 45` 20″ E. for a distance of 216.02 feet to a set iron bar. Thence, with the same, N. 60 degrees 10` 30″ E. passing an iron bar set on line at 177.11 feet, for a total distance of 197.11 feet to the place of beginning, containing 1.00 acres, more or less, as shown upon a plat attached hereto and intended to be made a part of this description.
The above described parcel of land is made subject to that part of the right of way for Gashell Run Road that is included within its boundary lines.
There is excepted and reserved from the above parcel of real estate, unto Donna Jean Grover, party of the first part, all of the oil and gas underlying the subject property, together with all leasing rights, royalties and other correlative rights.
The above described parcel of land is made subject to any and all exceptions, reservations, conditions or stipulations that are contained in or referred to in this deed and all prior deeds of
record and also to any and all rights of ways or easements of record.
Being the same property which was heretofore conveyed to Jay A. Isaly by Carl E. Grover and Sondra M. Grover, husband and wife, by a Deed dated the 28th day of December, 2017, and recorded in the office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed Book No. 930, at page 757.
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 Section 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.
BY:
Richard A. Pill, Member
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
foreclosures@
pillwvlaw.com
Richard A. Pill, Trustee
Int. Sep 6, 30, Oct 7, 14, 2022