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 14, 2006, executed by the Borrower, Betty Jo Modar Russell, to Janet Phillips, the Trustee, of record in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Book 1301, at Page 70. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of RD 1 Box 138 B, and upon information and belief, is now known as
105 Harriet Ave.,
Triadelphia, WV 26059.
Pill & Pill, PLLC was appointed as Substitute Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated July 21, 2023, of record in the Clerk’s Office in Book 1676, at Page 477. The Borrower 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 Ohio County, in Wheeling, West Virginia, on the following date:
October 20, 2023, at
9:44 a.m.
THE FOLLOWING DESCRIBED PROPERTY, SITUATE IN TRIADELPHIA DISTRICT, OHIO COUNTY, WEST VIRGINIA, LOCATED ON MIDDLE WHEELING CREEK, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
LOT NO. 58 IN MILLER ADDITION, AS THE SAME IS SHOWN AND DESIGNATED ON THE PLAT OF SAID ADDITION, RECORDED IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF OHIO COUNTY, WEST VIRGINIA IN PLAT BOOK NO. 2, AT PAGE 85. MAP T13 AND PARCEL 21.
BEING THE SAME PROPERTY CONVEYED BY FEE SIMPLE DEED FROM JO ANN ANDLINGER SINGLE TO BETTY JO MODAR RUSSELL , DATED 02/27/2004 RECORDED ON 03/01/2004 IN BOOK 748, PAGE 799 IN OHIO COUNTY RECORDS, STATE OF WV.
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.
7) THIS SALE IS EXPRESSLY MADE SUBJECT TO THAT DEED OF TRUST DATED NOVEMBER 22, 2002, OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF OHIO COUNTY, WEST VIRGINIA, IN DEED OF TRUST BOOK 1169, AT PAGE 728.
Pill & Pill, PLLC,
Substitute Trustee
BY: /s/ Richard A. Pill
Richard A. Pill, Member
Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
foreclosures@pillwvlaw.
com
Int. Oct 3, 10, 17, 2023