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 7, 2016, executed by Borrower(s), Arnold D Hamrick and Willa Hamrick, to Rick Dorsey, Esq., the Trustee of record in the office of the Clerk of the County Commission of Randolph County, West Virginia, in Book 550, at Page 427. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 137 Mountain Aire Est, Elkins, WV 26241. Pill & Pill, PLLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated February 15, 2023, of record in the Clerk’s Office in Book 626, Page 155. 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 Randolph County, in Elkins, West Virginia, on the following date:
June 28, 2023, at 10:10 a.m.
A PARCEL OR LOT OF LAND DESIGNATED AS LOT NO. 30 OF MOUNTAIN AIRE ESTATES, PHASE III, SITUATE ON MOUNTAIN AIRE DRIVE, ABOUT 0.5 MILES EAST OF WEST VIRGINIA SECONDARY ROUTE 1 AND ABOUT 2 MILES NORTHEAST OF ELKINS, WV, LEADSVILLE DISTRICT, RANDOLPH COUNTY, WEST VIRGINIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERN BOUNDARY OF MOUNTAIN AIRE DRIVE (WIDTH= 40 FEET), A CORNER TO LAWRENCE B. SPENCER RESERVED LAND (PART OF DEED BOOK 272, AT PAGE 498), SET A 3/4 INCH BY 42 INCH REBAR WITH A 3 INCH DIAMETER PLASTIC CAP, FROM WHICH A 3/4 INCH REBAR WITH ALUMINUM CAP, A CORNER TO LOT NO. 21 BEARS N 79* 06′ W, 89.62 FEET AND A 29 INCH WHITE OAK, FOUND, AN ORIGINAL CORNER TO THE PARENT TRACTS OF DEED BOOK 272, AT PAGE 498 AND DEED BOOK 214, AT PAGE 226, BEARS N 76* 50′ W, 155.0 FEET, THENCE WITH THE EASTERN BOUNDARY OF SAID MOUNTAIN AIRE DRIVE AND WITH THE ARC OF A 16* 26′ CURVE TO THE LEFT HAVING A RADIUS OF 348.57 FEET AND CENTRAL ANGLE OF 36* 50′ CHORD = N 49* 11′ E 220.20 FEET TO A POINT IN THE EASTERN BOUNDARY OF SAID MOUNTAIN AIRE DRIVE AT THE INTERSECTION OF A 40 FT. ROADWAY TO THE EAST, FROM WHICH A 3/4 INCH REBAR WITH A 3 INCH DIAMETER PLASTIC CAP, A CORNER TO LOT NO. 27 (DEED BOOK 434, AT PAGE 580), BEARS N 29* 11′ E. 65.00 FEET, THENCE WITH THE SOUTHERN BOUNDARY OF SAID 40 FT. ROADWAY FOR THREE LINES AND THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 7.50 FEET AND A CENTRAL ANGLE OF 128* 52′ FOR ONE LINE CHORD = S 84* 25′ E, 13.53 FEET TO A POINT, THENCE WITH THE ARC OF A 39* 23′ CURVE TO LEFT, HAVING A RADIUS OF 145.47 FEET AND A CENTRAL ANGLE OF 88* 28′ CHORD= S 67* 53′ E, 202.94 FEET TO A POINT, SET A 3/4 INCH BY 36 REBAR, THENCE N 67* 53′ E, 41.02 FEET TO A POINT IN THE SOUTHERN BOUNDARY OF SAID 40 FT. ROADWAY, A CORNER TO LAWRENCE B. SPENCER RESERVED LAND (PART OF DEED BOOK 272, AT PAGE 498), SET A 3/4 INCH BY 42 INCH REBAR WITH A 3 INCH DIAMETER PLASTIC CAP, THENCE S 2* 43′ W, 99.83 FEET TO A POINT, A CORNER TO SAID SPENCER RESERVED LAND AND A CORNER IN LINE OF LITTLE ARLINGTON-WILT DANIELS POST NO. 29 (DEED BOOK 141, AT PAGE 68), SET A 3/4 INCH BY 42 INCH REBAR WITH A 3 INCH DIAMETER PLASTIC CAP, THENCE WITH SAID LITTLE ARLINGTON. S 83* 10′ W, 22.00 FEET TO A STONE WITH AN “X”, FOUND AT A FENCE CORNER WITH A 6 INCH CIRCULAR CONCRETE MARKER FOUND AT THE EAST BASE THEREOF, A CORNER TO SAID LITTLE ARLINGTON AND A CORNER TO ICIE R. HARMAN (DEED BOOK 124, AT PAGE 382), THENCE WITH SAID HARMAN S 83* 19′ W, 374.57 FEET TO A POINT IN LINE OF SAID HARMAN AND A CORNER TO SAID SPENCER RESERVED LAND, SET A 3/4 INCH BY 42 INCH REBAR WITH A 3 INCH DIAMETER PLASTIC CAP, THENCE WITH SAID SPENCER RESERVED LAND N 6* 41′ W, 64.66 FEET TO THE BEGINNING, CONTAINING 1.02 ACRES, MORE OR LESS, ALL BEARINGS BEING TRUE NORTH, AS SURVEYED IN MAY AND JUNE, 1995 BY LEON G. MALLOW, PROFESSIONAL SURVEYOR NO. 567, ROUTE 1, BOX 117, MONTROSE, WV.
THE FOLLOWING SET FORTH RESERVATIONS, RESTRICTIONS, AND USE REQUIREMENTS SHALL BE AND BECOME TREATED AS COVENANTS RUNNING WITH THE LAND BY THE PARTIES HERETO, THEIR HEIRS, PERSONAL REPRESENTATIVES AND ASSIGNS: 1. THE TRACT OF LAND HERE CONVEYED IS SURFACE ONLY, THE MINERALS AND MINERAL RIGHTS ARE RESERVED BY THE GRANTORS. 2. THE PREMISES HEREIN CONVEYED SHALL BE USED SOLELY FOR THE CONSTRUCTION OF A SINGLE FAMILY RESIDENTIAL HOME AND MAY CONSIST OF DWELLING HOUSE, GARAGE AND OTHER OUTBUILDINGS ORDINARILY USED IN CONNECTION WITH A SINGLE FAMILY RESIDENCE PROVIDED THAT SUCH GARAGE OR OUTBUILDING BE BUILT IN SUCH MANNER AS TO MAKE THEIR ARCHITECTURE CONFORM WITH THE ARCHITECTURE OF THE MAIN DWELLING HOUSE LOCATED ON THE PREMISES AND TO WHICH THEY ARE APPURTENANT. THE PREMISES SHALL NOT BE USED FOR ANY BUSINESS OR COMMERCIAL PURPOSES AND NO SIGNS OR ADVERTISING SHALL BE PLACED THEREON. 3. NO BUILDING OR OTHER STRUCTURE SHALL BE ERECTED UPON THE PREMISES CLOSER THAN 20 FEET FROM ANY OUTSIDE PROPERTY LINE, NOR CLOSER THAN 20 FEET FROM ANY OTHER EXTERIOR BOUNDARY LINE OF THE PROPERTY HEREBY CONVEYED. 4. ROADWAY FOR PUBLIC TRAVEL SHOWN ON PLAT KNOWN AS “MOUNTAIN AIRE DRIVE” IS 40 FEET IN WIDTH. 5. THE GRANTORS FURTHER RESERVE FOR THEMSELVES, THEIR SUCCESSORS AND ASSIGNS, ALL RIGHTS-OF-WAY NECESSARY FOR UTILITY CONSTRUCTION AND MAINTENANCE OF THE LAND HEREIN CONVEYED AS WELL AS FOR THE BENEFIT OF OTHER PREMISES IN THIS SUBDIVISION. SUCH RIGHTS-OF-WAY SHALL BE LOCATED SO AS NOT TO INTERFERE WITH OR INCONVENIENCE ANY CONSTRUCTION SITE OR CONSTRUCTED BUILDINGS. 6. NO RESIDENCE OR DWELLING SHALL BE CONSTRUCTED WITH A MATERIAL VALUE, BASED UPON 1986 VALUES, OF LESS THAN $30,000.00, EXCLUDING ATTACHED GARAGES OR OUTBUILDINGS. EXTERIOR APPEARANCE OF STRUCTURES MUST BE COMPLETED WITHIN ONE YEAR. 7. NO BARNS, SHEDS OR ANIMALS SHELTERS OF ANY KIND, EXCEPT FOR HOUSEHOLD PETS, SHALL BE CONSTRUCTED OR PLACED ON THE PREMISES, AND NO ANIMAL OTHER THAN HOUSEHOLD PETS SHALL BE PERMITTED TO RESIDE THEREON. HOUSEHOLD PETS SHALL NOT BE KEPT FOR COMMERCIAL BREEDING PURPOSES. ALL PETS MUST BE CONTROLLED SO NOT TO INFRINGE ON THE RIGHTS AND PRIVACY OF THE NEIGHBORS. 8. THE REAL ESTATE HEREIN CONVEYED MUST BE MAINTAINED IN SUCH A MANNER TO PREVENT ITS BECOMING UNSIGHTLY BY REASON OF UNATTRACTIVE GROWTH OR THE ACCUMULATION OF RUBBISH OR DEBRIS THEREON. TRASH, GARBAGE, AND OTHER WASTE SHALL BE KEPT IN SANITARY CONTAINERS AND DISPOSED OF OFF THE PROPERTY IN A TIMELY MANNER. 9. MOBILE HOMES, HOUSE TRAILERS, CAMPERS AND TRAVEL TRAILERS SHALL BE PROHIBITED, ALTHOUGH THE OWNER SHALL BE PERMITTED TO STORE UNOCCUPIED ON THE PREMISES A CAMPER OR SMALL TRAVEL TRAILER FOR USE OFF THE PREMISES. PARKING OR STORAGE OF ALL MOTOR VEHICLES SHALL BE ONLY IN GARAGES, CARPORTS OR DRIVEWAYS, AND NO UNLICENSED VEHICLES OR PARTS THEREOF SHALL BE PERMITTED ON THE PREMISES UNLESS KEPT IN A GARAGE OR ENCLOSED STRUCTURE. 10. THE PREMISES SHALL PROVIDE ON-SITE PARKING FOR AT LEAST TWO AUTOMOBILES, EXCLUSIVE OF GARAGE. 11. TELEPHONE, ELECTRIC AND TELEVISION SIGNAL TRANSMISSION LINES SHALL, WHEREVER POSSIBLE, BE UNDERGROUND, AND ALL SERVICE DROPS OR SERVICE ENTRANCES SHALL BE PLACED UNDERGROUND. NO TELEVISION OR RADIO ANTENNAS OR TOWERS MAY BE ERECTED OR MAINTAINED UPON THE PREMISES WITHOUT THE PRIOR WRITTEN CONSENT OF THE GRANTORS, AND WITH CONSENT OF ADJOINING PROPERTY OWNERS. 12. THERE SHALL BE NO DIVISION OF LOTS. 13. ALL PROPERTY LINES SHALL BE KEPT FREE AND OPEN TO ONE ANOTHER, AND NO FENCES SHALL BE ERECTED ON ANY LOT OR LOT LINES EXCEPT WHEREIN, IN THE OPINION OF THE GRANTORS AND ADJOINING LAND OWNERS, A FENCE OR OTHER ENCLOSURE, AS A STRUCTURE OF ASCETIC FEATURE OF A DESIGN CONCEPT, WILL CONTRIBUTE TO AND BE IN KEEPING WITH THE CHARACTER OF THE AREA. 14. RECREATION AREAS, IMPOUNDMENTS, PLAYGROUNDS AND ROADS AND EASEMENTS FOR PUBLIC TRAVEL, AS INDICATED ON THE SUBDIVISION PLAT OR INDIVIDUAL LOT PLATS, AND THE WATER AND SEWAGE SYSTEMS NOT MAINTAINED BY A MUNICIPALITY OR PUBLIC SERVICE DISTRICT, SHALL BELONG TO AND BE MAINTAINED BY THE MOUNTAIN AIRE ESTATES HOMEOWNERS ASSOCIATION, A NON-PROFIT ASSOCIATION, COMPOSED OF ALL LOT OWNERS IN SAID SUBDIVISION FOR THEIR MUTUAL BENEFIT. THE GRANTEES, BY THE PURCHASE OF THIS REAL ESTATE, EVIDENCED BY THEIR ACCEPTANCE AND RECORDING OF THIS DEED, AGREE TO AND DO BECOME MEMBERS OF SAID ASSOCIATION FOR THE DURATION OF THE GRANTEE’S OWNERSHIP OF THE LAND HEREIN CONVEYED, AND AGREE TO ABIDE BY THE RULES, BY-LAWS AND REGULATIONS OF SAID ASSOCIATION AS TO THE MAINTENANCE, CARE AND UPKEEP OF SAID FACILITIES, PUBLIC STREETS, ROADS AND FACILITIES. GRANTORS AND/OR THEIR HEIRS, RESERVE THE RIGHT TO VOICE OPINIONS, IDEAS AND VETO ANY DECISION DEEMED UNSATISFACTORY TO THE DEVELOPMENT, THIS RIGHT IN EFFECT UNTIL MOUNTAIN AIRE ESTATES HAD BEEN FULLY DEVELOPED. 15. NO NOXIOUS, ILLEGAL OR OFFENSIVE ACTIVITIES SHALL BE PERMITTED ON THE SAID REAL ESTATE, NOR SHALL ANYTHING BE DONE THEREON WHICH SHALL BE OR BECOME AN ANNOYANCE OF NUISANCE. THIS CONVEYANCE IS MADE SUBJECT TO ANY AND ALL RESERVATIONS, RESTRICTIONS, EXCEPTIONS, RIGHTS-OF-WAY AND EASEMENTS AS SET FORTH IN PRIOR INSTRUMENTS OF RECORD IN THE CHAIN OF TITLE TO SAID REAL ESTATE.
Being the same property conveyed to Arnold D Hamrick and Willa Hamrick by the Deed dated August 22, 1995 and recorded in Deed Book 441 at Page 228, and by Corrective Deed recorded in Deed Book 441, at Page 346 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]
6/7, 6/21