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 April 18, 2008, executed by the Borrowers, Kimberly M. Ariola and Michael E. Ariola, to Thomas R. Ross, II, Attorney, the Trustee, of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Book 441, at Page 702. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of Route 1 Box 169-1, and upon information and belief, is now known as 2542 Chenoweth Creek Rd., Elkins, WV 26241. Pill & Pill, PLLC was appointed as Substitute Trustee by an APPOINTMENT OF SUCCESSOR TRUSTEE dated January 11, 2023, of record in the Clerk’s Office in Book 625, at Page 491. The Borrower(s) 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 Randolph County, in Elkins, West Virginia, on the following date:
March 25, 2024, at 10:14 a.m.
ALL OF THAT CERTAIN TRACT OR PARCEL OF REAL ESTATE LYING SOUTHWEST OF WV SECONDARY ROUTE 25, CHENOWETH CREEK ROAD, IN LEADSVILLE DISTRICT, RANDOLPH COUNTY, WEST VIRGINIA, TOGETHER WITH A 2001 CLAYTON RUTLEDGE MANUFACTURED HOME, MANUFACTURER’S SERIAL #CLR018685TNAB; HUD CERT #TEN 543845 AND TEN 543846, L/W 26.5 X 56.5, TOGETHER WITH ANY AND ALL APPURTENANCES AND IMPROVEMENTS SITUATE THEREON AND THEREUNTO BELONGING, AND MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A 5/8″ REBAR WITH CAP SET ON OR NEAR THE SOUTHERN BOUNDARY OF WV SECONDARY ROUTE 25 (CHENOWETH CREEK ROAD), SAID REBAR BEARS N. 85* 24′ 43″ W. 239.35 FEET FROM A FOUND REBAR IN CONCRETE, THENCE S. 07* 17′ 53″ W. 213.25′ TRAVELING WITH A LINE THROUGH HITT (RESERVED), DB 472/587, TO A SET 5/8″ REBAR WITH CAP, COMMON CORNER TO STROUD, DB 472/591; THENCE N. 85* 58′ 00″ W. 155.52′ TRAVELING WITH A PORTION OF A LINE COMMON TO STROUD (DB 472/591), TO A SET 5/8″ REBAR WITH CAP, COMMON COMER TO PARCEL “B”; THENCE N. 14* 30′ 00″ W. 255.81′ TRAVELING WITH A LINE COMMON TO PARCEL “B”, TO A 5/8″ REBAR WITH CAP SET ON OR NEAR THE SOUTHERN BOUNDARY OF WV SECONDARY ROUTE 25 (CHENOWETH CREEK ROAD); THENCE S. 77* 32′ 00″ E. 126.26′ TRAVELING WITH OR NEAR THE SOUTHERN BOUNDARY OF WV SECONDARY ROUTE 25 (CHENOWETH CREEK ROAD), TO THE PLACE OF BEGINNING, CONTAINING 0.72 ACRES, MORE OR LESS, AND IDENTIFIED ON A SURVEY PLAT AS PARCEL “A”, AS SURVEYED BY KENNETH N. KELLY, LLS 973, AND AS SHOWN ON A PLAT ATTACHED TO THE DEED OF RECORD IN DEED BOOK 504, AT PAGE 33. AND BEING THE SAME REAL ESTATE CONVEYED TO KIMBERLY M. ARIOLA AND MICHAEL E. ARIOLA BY VIRTUE OF A DEED FROM KEVIN B. HITT AND REBECCA L. HITT DATED APRIL 18, 2008 WHICH IS RECORDED IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF RANDOLPH COUNTY, WEST VIRGINIA IN DEED BOOK 524, PAGE 401.
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]
2/26, 3/4, 3/11, 3/18