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 August 11, 2022, executed by Borrower(s), David E Young and Joyce K Young, to Pam Zagula, the Trustee of record in the office of the Clerk of the County Commission of Hancock County, West Virginia, in Book 888, at Page 2260. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 394 Congo Arroyo Rd, Newell, WV 26050. Pill & Pill, PLLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated September 11, 2023, of record in the Clerk’s Office. 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 Hancock County, in New Cumberland, West Virginia, on the following date:
October 20, 2023 at 8:00 a.m.
THE following tract of land situate in Grant District, Hancock County, West Virginia and being more particularly bounded and described as follows: BEGINNING at a stone found at the northeasterly corner of the 97 acre tract of land (less exception), of which the herein described tract is a part, that was conveyed by Thorp Consumer Discount Company, DBA ITT Financial Services Commercial Division, to Stephen R. Wilson and Edward W. Wilson, a partnership, by deed dated February 2, 1990 and recorded in the Office of the Clerk of the County Commission of Hancock County, West Virginia, in Deed Book 213, at Page 491; thence from said beginning stone and following along the easterly line of said 97 acre tract S. 51 degrees 30` E. 399 and 37/100 feet to a point in the centerline of County Route 3/6; thence with other lands remaining to the party of the first part hereto, the following six (6) bearings and distances: S. 43 degrees 19` 16″ W (passing an iron pin set at 97 and 57/100 feet and at 120 and 4/10 feet passing the centerline of a gas line right of way, hereinafter mentioned, and passing iron pins set at 170 and 62/100 feet and 247 and 79/100 feet) 260 and 29/100 feet to a point in the centerline of a twenty-five (25) feet wide right of way or roadway, hereinafter mentioned; thence with said centerline the following four (4) bearings and distances: N. 49 degrees 37` 52″ W. 54 and 05/100 feet to a point; thence N. 57 degrees 00` 44″ W. 48 and 41/100 feet to a point; thence N. 64 degrees 22` 11″ W.159 and 21/100 feet to a point, said point also being the centerline of said gas line right of way; thence continuing with said centerline and also with said gas line right of way N. 82 degrees 20` W. 548 and 01/100 feet to a point; thence with other lands remaining to the party of the first part hereto N. 10 degrees 00` W. 120 and 9/10 feet to a point in the northerly line of said 976 acre tract; thence following along same N. 80 degrees 00` E. 665 and 58/100 feet to the place of beginning, containing by survey made by Stegman & Schellhase, Inc., Civil Engineers and Surveyors on July 24, 2003, Five (5) acres, more or less. THERE is also granted to the party of the second part hereto, the right to use the aforesaid twenty five (25) feet wide right of way or roadway leading from the southwesterly corner of said 5 acre tract to its southeasterly corner, said right of way or roadway to be used in common by both parties hereto, their heirs and assigns. SAID tract being subject to that party of said right of way or roadway that is included within its boundaries. THERE is also granted to the party of the second part hereto, the right to use said right of way or roadway as its extends from the southeasterly corner of said 5 acre tract to County Route 3/6, the centerline of same being more particularly described as follows: BEGINNING at a point at the southeasterly corner of said 5 acre tract; thence from said beginning point and with said centerline the following (6) bearings and distances: S. 49 degrees 37` 52″ E. 239 and 88/100 feet to a point; thence S. 53 degrees 37` 38″ E. 41 and 48/100 feet to a point; thence N. 88 degrees 52` 16″ E. 38 feet to a point thence N. 61 degrees 39` 03″ E. 49 and 08/100 feet to a point thence N. 56 degrees 22` 52″ E. 204 and 82/100 feet to a point, thence N. 52 degrees 32` 41″ E. 248 and 56/100 feet to a point in the centerline of County Route 3/6, said right of way or roadway to be used in common by both parties hereto, their heirs and assigns. SAID tract being subject to that part of the right of way of County Route 3/6 that is included within its boundaries. SAID tract being subject to the aforesaid gas line right of way as it passes through said 5 acre tract. SAID tract being subject to any and all conditions, exceptions, reservations, stipulations, rights of way etc., as may be contained in former deeds.
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:
Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
[email protected]
WDT Sep 19, 26, Oct 3, 10, 2023