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 July 12, 1996, executed by the Borrowers, David E. Cook and Cynthia D. Cook, to Stephen M. Glass, the Trustee, of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Book 268, at Page 658. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 69 Bennett Rd., Harman, WV 26270. Pill & Pill, PLLC was appointed as Substitute Trustee by an APPOINTMENT OF SUCCESSOR TRUSTEE dated June 29, 2018, of record in the Clerk’s Office in Book 567, at Page 597. 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, together with the improvements thereon and the appurtenances thereunto belonging, to the highest bidder at the front door of the Courthouse of Randolph County, in Elkins, West Virginia, on the following date:
August 1, 2023, at 10:10 a.m.
All that certain tract or parcel of land lying and being in Dry Fork District of Randolph County, West Virginia, and more particularly bounded and described as follows:
BEGINNING at a fence post from which a power pole bears N 40 55 01 W at 279.96 feet and a power pole bears S 68 56 05 W at 209.11 feet, and thence N 02 24 22 E 142.11 feet to a fence post; thence S 71 55 32 E 141.00 feet to a fence post; thence S 13 26 59 W 147.16 feet to a fence post; thence N 67 00 36 W 114.91 foot to the point of beginning, containing 0.41 acres or 17,984.13 square feet, more or less, and being the same tract of land conveyed to the parties of the first part by Foster Teter and Bonnie Teter, husband and wife, by deed bearing date the 20th day of May, 1996, and of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Deed Book 446, at page 470.
TOGETHER WITH a non-exclusive easement over an existing right-of-way for the purpose of ingress and egress to the subject property from the Whitmer Road (County Route 29) through lands currently belonging to Foster Teter and Bonnie Teter, as shown on a plat attached to deed of record in Deed Book 446, at page 470.
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]
7/13, 7/20, 7/27