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 October 29, 2015, executed by the Borrower(s), Melanie Libebe and Shepherd Libebe, to Taeys Valley Trustees, the Trustee, of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Book 540, at Page 700. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of RR 2 Box 107-2, Elkins, WV 26241, and, upon information and belief, is now known as 134 Hideaway Dr., Elkins, WV 26241. Pill & Pill, PLLC was appointed as Substitute Trustee by an APPOINTMENT OF SUCCESSOR TRUSTEE dated October 27, 2022, of record in the Clerk’s Office in Book 623, Page 628. The Borrower(s) defaulted under the Note and Deed of Trust and the Substitute Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustee will sell the following described property to the highest bidder at the front door of the Courthouse of Randolph County, in Elkins, West Virginia, on the following date:
January 18, 2023, at 11:30 a.m.
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF RANDOLPH, STATE OF WEST VIRGINIA IN DEED BOOK 521 AT PAGE 704 AND IS DESCRIBED AS FOLLOWS: THE FOLLOWING PARCELS OF LAND SITUATE IN BEVERLY DISTRICT, RANDOLPH COUNTY, WEST VIRGINIA, LOCATED ON THE WATERS OF MIKE RUN, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
PARCEL ONE; BEGINNING AT A POINT IN THE CENTER OF MIKE RUN, SAID POINT BEING A CORNER COMMON TO JOSEPH POLINO (DB 205/489) AND BEING N. 3 53′ E. 50.4 FEET FROM A 36 INCH RED OAK ON TOP OF THE BANK; THENCE LEAVING THE RUN WITH THE POLINO LINE S. 3 53′ W. 505.0 FEET TO A FENCE POST IN THE LINE, SAID POST BEING N. 5 13′ E. 503 FEET FROM TWO CHESTNUT STUMPS, AN ORIGINAL CORNER; THENCE THROUGH THE PARENT TRACT S. 77 00′ W. 240.0 FEET TO A POINT IN THE CENTER OF MIKE RUN, SAID LAST POINT BEING S. 46 30′ W. 10 FEET FROM A 12 INCH BIRCH TREE ON THE EAST BANK OF THE RUN; THENCE WITH THE MEANDERS OF MIKE RUN TO THE POINT OF BEGINNING, THE MEANDERS BEING DESCRIBED BY THE FOLLOWING 10 CALLS: N. 8 00′ E. 88.0 FEET; N. 35 00′ E. 68.0 FEET; N. 10 55′ E. 65.0 FEET; N. 33 50′ W. 44.0 FEET; N. 28 05′ E. 159.0 FEET; N. 15 00′ W. 76.0 FEET; N. 21 30′ E. 54.0 FEET; N. 77 00′ E. 98.0 FEET; S. 67 10′ E. 33.0 FEET AND N. 35 00′ E. 49.0 FEET TO THE POINT OF BEGINNING, CONTAINING 2.08 ACRES, MORE OR LESS, AS SURVEYED BY WILLIAM D. SWECKER OF ELKINS, WEST VIRGINIA, AND AS SHOWN ON A PLAT ATTACHED TO THE BELOW MENTIONED DEED.
PARCEL TWO: ALL THAT TRACT OR PARCEL OF LAND SITUATE IN BEVERLY DISTRICT, RANDOLPH COUNTY, WEST VIRGINIA, LOCATED ON THE WATERS OF MIKE RUN SOUTH OF THE NEW U.S. ROUTE 33 4-LANE ROAD NEAR FAULKNER, WEST VIRGINIA, AND MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER OF MIKE RUN SAID POINT BEING A CORNER COMMON TO THE 2.08 ACRE TRACT OF LAND OF ROGER AND SHARON MULLENAX (DB 297/300), SAID POINT BEING N. 4 41 E. 50.4 FEET FROM A 36 INCH RED OAK IN THE FENCE LINE ON TOP OF THE BANK; THENCE TWO COURSES WITH THE CENTER OF MIKE RUN; N. 25 55 E. 23.8 FEET AND N. 83 08 E. 52.3 FEET TO A POINT, SAID POINT BEING THE INTERSECTION OF MIKE RUN WITH A DRAIN THAT FLOWS IN A NORTHERLY DIRECTION; THENCE LEAVING MIKE RUN WITH EIGHT COURSES OF THE DRAIN; S. 45 38 E. 43.65 FEET; S.6 40 W. 72.0 FEET; S. 1 25 E. 62.2 FEET; S. 17-10 E. 100.5 FEET; S. 7 10 E. 79.4 FEET; S. 31 25 E. 40.3 FEET; S. 19 30 W. 50.9 FEET AND S. 25 22 E. 81.8 FEET TO A ½ INCH BY 30-INCH IRON PIPE DRIVEN IN THE CENTER OF THE DRAIN BY A LARGE ROCK; THENCE LEAVING THE DRAIN THROUGH THE PARENT TRACT S. 80 01 W. 209.7 FEET TO A 1/2 INCH BY 30 INCH IRON PIPE DRIVEN BY A FENCE POST A CORNER TO JOHN BURGESS REMAINDER AND A CORNER TO THE 2.08 ACRE ROGER AND SHARON MULLENAX LAND; THEN WITH THE MULLENAX LINE N. 4 41 E. 505.7 FEET TO THE CENTER OF MIKE RUN AND TO THE POINT OF BEGINNING, CONTAINING 1.56 ACRES, MORE OR LESS, AS SURVEYED BY WILLIAM D. SWECKER OF ELKINS, WEST VIRGINIA, AND AS SHOWN ON A PLAT ATTACHED TO THE BELOW MENTIONED DEED.
Being the same property described in the deed to Shepherd Libebe and Melanie Libebe, Husband and Wife, from Kevin W. Daniels and Pamela K. Daniels (Formerly Caynor), Husband and Wife, recorded on December 26, 2007 in Deed Book 521, at Page 704 of the Public Records of Randolph 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 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.
Pill & Pill, PLLC, Substitute Trustee
BY: Richard A. Pill, Member
Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
[email protected]
12/14,12/28, 1/4, 1/11