NOTICE OF TRUSTEE’S SALE
Notice is hereby given that default has occurred in the payment of that certain indebtedness secured by those Deeds of Trust executed the 31st day of May, 2013, of record in the Office of the Clerk of the County Commission of Wood County, West Virginia, in Trust Deed Book 1769, at page 12, and Trust Deed Book 1772, at page 645 (the “Deeds of Trust”), made by William R. Neal (“Grantor”), to Barry W. Dobson and Andrew Paterno, in their capacity as Trustees (the “Original Trustees”), in favor of The Huntington National Bank (the “Beneficiary”), to secure the payment of the indebtedness described therein. The Substitute Trustees were appointed in the Original Trustees’ place and stead by instruments recorded in the aforesaid Clerk’s office in Trust Deed Book 2235, at page 198, and Trust Deed Book 2237, at page 290 The Deeds of Trust authorize the Substitute Trustees to act in the enforcement of said Deeds of Trust, and the undersigned Substitute Trustee having received such written request from the Beneficiary to enforce said Deeds of Trust, will sell at a public auction to the highest bidder, the following hereinafter described real estate, together with any buildings, structures, and other improvements located thereon (the “Real Estate”) on:
MARCH 29, 2023, AT 12:00 P.M., WITH REGISTRATION TO BEGIN AT 11:30 A.M., ON THE FRONT STEPS OF THE WOOD COUNTY COURTHOUSE, PARKERSBURG, WEST VIRGINIA.
REAL ESTATE
DESCRIPTION:
Located in the LUBECK DISTRICT, County of Wood, and State of West Virginia, to-wit:
BEING all of Lot No. One Hundred Fifty-Two (152) of Somervilla’ as shown upon a Plat thereof recorded in the Office of the Clerk of the County Commission of Wood County, West Virginia, in Plat Book No. 14, at page 14.
Prior Deed Reference: Deed Book 851, page 685.
TERMS OF SALE:
Sale of the Real Estate will be made by the Trustees, or their agent, by public auction to the highest bidder. The Trustees reserve the right to reject any bid that in their opinion is inadequate. The highest bidder will be required to tender the purchase price in cash or immediately available funds by the end of the day of sale. The Trustees reserve the right to accept or reject such other terms as to payment or delivery of payment as may be made be agreed to by the Trustees and the bidder in advance of the sale. If the successful bidder fails to deliver the total purchase price within the prescribed time, the Trustees may proceed to resell the Real Estate pursuant to the Deeds of Trust or, at the discretion of the Trustee, convey the Real Estate to the next highest bidder if such bidder will honor his, her, or its bid.
The Trustees also reserve the right to continue the sale of the Real Estate from time to time by oral proclamation or by posting a notice of the same where legal notices are posted in Wood County, West Virginia, which continuation shall be in the sole discretion of the Trustees. Should the Trustees not appear at the time appointed for the sale and there is no notice posted of a continuance, please contact the office of the Trustees to make further inquiry. Please direct any inquiries or objections to the sale to the Trustees in writing at the following address: Trustee, Paige K. Vagnetti, Esquire, at Dinsmore & Shohl LLP, 215 Don Knotts Boulevard, Suite 310, WV 26501, (304)296-1100. Any sale may be conducted or adjourned by the designated agent or attorney of the Trustees. Beneficiary or Beneficiary’s designee may purchase the Real Estate at the sale, in whatever manner sold, and in such case, the Beneficiary shall have the right to credit against the amount of the successful bid made therefore all or any of the secured debt then due.
Conveyance will be made by Trustee’s Deed in the form prescribed by W. Va. Code § 38-1-6, subject to all governmental charges and assessments, utility charges, easements, covenants, rights-of-way, conditions and restrictions of record. Every lot or parcel of the Real Estate, and any improvements located thereon, are sold in “AS IS” condition. The Beneficiary of the Deed of Trust does not make any representations or warranties as to the physical condition of the Real Estate. Any and all legal procedural requirements to obtain physical possession of the Real Estate after the sale are the responsibility of the purchaser. Risk of loss or damage will be the purchaser’s from and after the foreclosure sale. All outstanding taxes, assessments, and utility charges will be the responsibility of the purchaser. All settlement fees, costs of conveyance, examination of title and recording charges shall be at the expense of the purchaser. Trustee makes no representations regarding the state of title to the Real Estate. If Trustee cannot convey insurable or marketable title, purchaser’s sole remedy is the return of the purchase money paid by the purchaser for the purchase of the Real Estate. The purchaser shall be responsible for the payment of the transfer taxes imposed by Article 2 of Chapter 11 of the West Virginia Code. Sale is made subject to the right of the Internal Revenue Service to redeem the Real Estate as provided by Section 7425 of the Internal Revenue Code of 1986, as amended. A 10% buyer’s premium will be added to the high bid for the Real Estate. The Trustee’s sale shall be open to online bidders. Additional terms and conditions shall be announced at sale.
Given under my hand this 27th day of January, 2023.
Paige K. Vagnetti,
Substitute Trustee
Dinsmore & Shohl LLP
Legal Counsel
215 Don Knotts, Blvd.,
Suite 310
Morgantown, WV 26501
Phone (304) 296-1100
Fax (304) 296-6116
Feb 3, 10
