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 20, 2016, executed by the Borrower, Wayne H. Johnson, to
Vance Golden, Attorney, the Trustee, of record in the Office of the Clerk of the County
Commission of Wetzel County, West Virginia, in Book 396, at Page 491. At the time of the execution of the Deed of Trust,
this property was reported to have a mailing address of RR 1 Box B, Burton, WV 26562, and, upon
information and belief,
may now be known as 316
Burton Hill Rd., Burton, WV 26562. Pill & Pill,
PLLC was
appointed as Substitute
Trustee by an
APPOINTMENT OF S
UCCESSOR TRUSTEE
dated January 3, 2024, of record in the Clerk’s Office in Book 456, at Page 173. 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 Wetzel
County, in
New Martinville, West
Virginia, on the following
date:
February 21, 2024, at 11:32
a.m.
Land Situated in the
County of Wetzel in the
State of WV
Beginning at a marked
rock near the run and
thence with the land of Samuel Bartrug, S. 87
degrees E. 74 Poles to a
Maple; thence with the
land of George Bartrug
heirs N. 17 degrees 50″ W. 29 poles to an Apple tree; thence N. 16 degrees 15 E. 34 poles to a stake; thence S. 78 degrees E. 35.25 poles to a stone; thence N. 41 degrees E. 19.8 poles to a stone; thence with the lands of John Santee heirs; N. 42 degrees W. 44-1/4 poles to a Hickory; thence with the lands of Isaac
Hixenbaugh N. 78-1/2
degrees W. 60-1/4 poles to a stone, thence with the lands of O.J. Bartrug, S. 12 degrees W. 61.7 poles to a stone; thence S. 25 degrees W. 54 poles to the place of beginning,
containing 48.55 acres more or less.
There is EXCEPTED and
RESERVED from this
conveyance all of the coal and oil royalties, as well as other minerals, and the right to
retrieve same with the
provision that a reasonable
amour shall be paid for any damage done in such retrieval. Furthermore, this conveyance is made
subject to all rights of
way, reservations,
restrictive
and protective covenants, utility easements, and oil, gas and mineral leases of record, if any, in the chain of title in the
aforesaid Clerk’s office.
Any and all of the
reservations and
exceptions contained in
the
former deeds are hereby
reserved.
There is further granted
and
conveyed unto the
Grantee,
their heirs, successors
and
assigns, a perpetual
easement for a roadway
conveyed unto
the Grantors by Gail W.
Straight, et al, by
Easement
Agreement dated March
29, 1995 which is
recorded in the aforesaid Clerk’s Office.
Being the same property
conveyed to Wayne H.
Johnson by the Deed
dated June 2, 2006 and
recorded in Deed Book
404, at Page 299, in the Office of the Clerk of the County Commission of
Wetzel 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
§ 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
he foreclosure sale will be
deemed to constitute
ABANDONED
PROPERTY
AND WILL BE
DISPOSED OF
ACORDINGLY.
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
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
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