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 February 29, 2000, executed by the Borrowers, Robert A. Blankenship and Teresa F. Blankenship, to David P. Pill, the Trustee, of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Book 311, at Page 755. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of Rt. 1 Box 162, and upon information and belief is now known as 818 Evans Run Rd., Elkins, WV 26241. Pill & Pill, PLLC was appointed as Substitute Trustee by an APPOINTMENT OF SUCCESSOR TRUSTEE dated February 28, 2022, of record in the Clerk’s Office in Book 617, at Page 802. The Borrowers 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:
April 3, 2023, at 10:02 a.m.
All of that certain tract or parcel of real estate situate on the south side of the Laurel Fork of Chenoweth Creek and on the south side of Secondary Route 25/3 in Leadsville District of Randolph County in the State of West Virginia and more particularly bounded and described as follows: BEGINNING at corner 10 on plat, a found 13 inch yellow birch, corner to Schoonover and to Lot 2 (Bernard Moore), thence with Schoonover with a wire fence N 00-07-E at 236.7 feet passing a set 5/8 inch by 36 inch rebar at a fence post, in all 248.7 feet to corner K, a point in the center of Secondary Route 25/3; thence with the center of said road N 85-47-E 72.6 feet to Point E S 84-17 E 242.4 feet to Point F N 88-49 E 138.9 feet to Point G S 77-95 E 98.4 feet to corner 11, a point on a bridge over Laurel Fork, corner to Lot 2, thence leaving the road with Lot 2 S 44-06 W 103.0 feet to Corner H, a locust post set in concrete S 71-55 W 137.5 feet to Corner I, a 21 inch poplar S 56-54 W 89.8 feet to Corner J, a 16 inch locust stump S 80-35 W 275.0 feet to the beginning, containing 2.1 acres, more or less, as surveyed by Donald L. Teter, L.L.S. 767, as shown upon a plat attached to and made a part of a conveyance from the party of the first part herein to Delores Jean Teter, to be recorded in the Office of the Clerk of the County Commission of Randolph County West Virginia, and marked for identification as Lot No. 1 on said plat, and being a portion of those certain parcels of real estate described on the Land Books of Randolph County on Tax Map 137 as Parcel No. 23 – Leadsville District. Being the same property conveyed, and including all easement contained therein, unto Teresa F. Phares by deed dated December 30, 1989 recorded in the Randolph County Clerk’s Office in Deed Book 437 at Page 324.
The Grantor and party of the first part herein, does further grant and convey unto the party of the second part and Grantee herein, the right to use a road which crosses from the parcel of real estate herein conveyed onto Lot 2 between corners H and I, then continuing to Secondary Route 25/3 between corners 11 and 13 as shown on said plat, said Lot 2 being conveyed to Bernard Moore by the party of the first part on even date herewith, and the usage, maintenance and upkeep of said road shall be shared by the owners of Lot No. 1 and Lot No. 2 as designated on the foregoing referenced plat.
The Grantor and party of the first part herein, does hereby reserve for Bernard Moore, the use and control of that certain garage building situate upon a portion of the parcel of real estate herein conveyed, together with a right of ingress and/or egress to and from said garage building, for his use and control during his natural lifetime and the said Bernard Moore shall be responsible for the care and upkeep of said building as well as the roadway adjoining thereto.
TOGETHER WITH a 1995 Dutch 28′ x 50′, VIN/Serial No. 10286 AB, which is already or to be permanently affixed to the subject real estate.
Being the same property conveyed to Robert A Blankenship and Teresa F Blankenship by the Deed dated February 29, 2000 and recorded in Deed Book 471 at Page 645 in the Office of the Clerk of the County Commission 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]
2/16, 2/22, 3/20, 3/12