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 May 5, 2005, executed by Borrower(s), Cathy Miller and Jeffrey L. Miller, to McCamic, Sacco, Pizzuti & McCoid, PLLC, the Trustee, of record in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Book 1265, at Page 250. Pill & Pill, PLLC was appointed as Substitute Trustee by an APPOINTMENT OF SUBSTITUTE TRUSTEE dated September 21, 2016, of record in the Clerk’s Office in Book 1532, at Page 630. 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 Ohio County, in Wheeling, West Virginia, on the following date:
November 23, 2016
at 11:04 a.m.
The property is described as of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in Richland Country District, Ohio County, West Virginia, and being more particularly described as follows:
The following described property situated in Ohio County, West Virginia, more particularly bounded and described as follows:
Beginning at a stake in the easterly line of the 14 and 9/10 acre parcel of land that was conveyed by H. Julian Ulrich and Frances P. Ulrich, his wife, to Bernard L. Kain, by deed dated June 10, 1949, and recorded in the office of the Clerk of the County Court of Ohio County, West Virginia, in Deed Book 316 at Page 124, as shown on the map of a portion of the Ridgley Farm, which is recorded in Deed Book 261 at Page 206, said stake being also located S. 09* 32′ W. 32 and 42/100 feet from a stake in a westerly line of the 9 and 85/100 acre parcel of land that was conveyed by Joseph Leroy Waddell and others to Henry W. Cunningham and wife, by deed dated January 1, 1944, and recorded in said County Clerk’s office in Deed Book 273 at Page 422; said beginning point being also in the southerly line of the 1/10 of an acre parcel of land that was conveyed by H. Julian Ulrich to Bernard L. Kain, by the hereinbefore mentioned deed; thence from said beginning point, with the property now owned by Bernard L. Kain, the following 3 bearings and distances: N. 58* 11′ W. 109 and 15/100 feet measured along the northwesterly extension of the westerly line of said 1/10 of an acre parcel to a stake; thence S. 09* 32′ W. 418 and 92/100 feet to a stake in the northwesterly extension of the northerly line of the roadway shown on said Map as “Roadway 10/15/40”; thence with the said northwesterly extension of the northerly line of said roadway, S. 45* 11′ E. 123 and 73/100 feet to a stake in the said easterly line of the said 14 and 9/10 acre parcel; thence with the said easterly line of said 14 and 9/10 acre parcel, N. 09* 32′ E. 449 feet to the place of beginning, containing by survey made by Stegman & Schellhase, Inc., Registered Engineers, one (1) acre, more or less.
There is also granted to the parties of the second part the right to use the said 1/10 of an acre parcel from said Roadway at a point where said roadway turns in an approximate southwesterly direction, which Roadway was projected 10/15/40. Said Roadway joining with the west side of Bethany Pike or West Virginia State Route 88, this 1/10 of an acre parcel running from the beginning point as stated above; thence N. 58* 11′ E. 325 feet, more or less, to the eastern boundary of the 14 and 9/10 acre parcel, in common with Bernard L. Kain, his tenants, heirs, executors, administrators and assigns, for roadway purposes.
There is excepted from the said 1 acre parcel all of the coal and mining rights that were conveyed by J.C. Waddell and others to John A. Bell, by the following 3 deeds recorded in said County Clerk’s office: (1) dated June 11, 1917, and recorded in Deed Book 163 at Page 255; (2) dated January 19, 1921, and recorded in Deed Book 174 at Page 419; (3) dated April 6, 1921, and recorded in Deed Book 188 at Page 135.
In the deed dated November 9, 1940, in which J. Leroy Waddell and others conveyed said 14 and 9/10 acre parcel and the said 1/10 of an acre parcel to H. Julian Ulrich, the Grantors made the following reservation:
“The Grantors reserve the right, however, that if at any time the Grantee herein should make a roadway on and over the said 1/10 of an acre parcel, that they, the Grantees, shall have the right to use said roadway, it being understood that the right of the Grantors herein reserved shall extend only to the eastern boundary of the said 14 and 9/10 acre parcel and that it is a condition precedent to the Grantors exercising all or any part of this reserved right that they contribute equally to the cost of installing and maintaining said possible roadway.”
There is also granted to the parties of the second part hereto a certain right of way, 30 feet in width, thus affording to the said parties of the second part forever, the right of ingress and egress to the above described 1 acre parcel, along the roadway as now constructed.
(a) Said roadway was constructed on said 30-feet right of way and connects the property herein conveyed with said State Route 88, formerly known as Bethany Pike, the location of said roadway is shown on said map.
(b) J. Leroy Waddell and Mary Waddell, his wife, and Elizabeth Morrison and W.R. Morrison, her husband, and heirs, executors, administrators and assigns, further covenant that so long as there is any real estate bordering on the aforementioned roadway, that they will contribute proportionally to the maintenance and upkeep of same and that they also further grant, assign and convey to H. Julian Ulrich the right to require and enforce collection of equal contribution for the purpose of maintaining said roadway for any or all future purchases who may at some date after November 9, 1945, buy all or any part of the remainder of the land bordering on said roadway.
There is also granted to the parties of the second part the right to use the roadway now constructed on the southerly side of the southerly line of said 1-acre parcel hereinbefore described as “S. 45* 11′ W. 123 and 73/100 feet” in common with Bernard L. Kain and tenants, agents, executors, administrators and assigns, for roadway purposes.
BEING the same property conveyed to Jeffrey A. Miller and Cathy Miller, his wife, by Eric W. Carlson by deed dated April 27, 2005, and recorded in the aforesaid Clerk’s office, contemporaneously herewith.
This conveyance is, however, subject to the exceptions, reservations, covenants, conditions, restrictions and easements, if any, granted by or acquired from the parties of the first part and their predecessors in title to said property.
Being the same property conveyed to Cathy Miller and Jeffrey L. Miller by the Deed dated April 27, 2005 and recorded in Deed Book 759, at Page 112, in the Office of the Clerk of the County Commission of Ohio 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{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) 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
foreclosures@
pillwvlaw.com
N.R. Nov. 4, 11, 18, 2016
235901