Public Notice

NOTICE OF
TRUSTEE’S SALE
Notice is hereby given that default has occurred in the payment of that certain indebtedness secured by a Deed of Trust executed November 20, 2006, of record in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Trust Deed Book 1313, at page 306 (the “Deed of Trust”), made by Patricia Ann Dayton (“Grantor”) to Paul Hutchinson, in his capacity as Trustee (the “Original Trustee”), predecessor in interest to PAIGE VAGNETTI (the “Substitute Trustee” or “Trustee”), in favor of Ocean Bank, F.S.B. (the “Original Beneficiary”), and assigned by Corporate Assignment of Deed of Trust dated March 112, 2024, of record in the aforesaid Clerk’s Office in Assignment Book 25, at page 550 to Deutsche Bank National Trust Company as Trustee for Home Loan Mortgage Loan Trust 2006- 1. (the “Beneficiary”), to secure the payment of a note in the amount of $29,750.00. The Deed of Trust authorizes the Trustee to act in the enforcement of said Deed of Trust, and the undersigned Trustee having received such written request from the Beneficiary to enforce said Deed of Trust, will sell at a public auction to the highest bidder, the following hereinafter described real estate, together with any buildings, structures and other improvements located thereon (the “Real Estate”) on:
October 23, 2024, AT 11:00 A.M., ON THE FRONT STEPS OF THE OHIO COUNTY COURTHOUSE, WHEELING, WEST VIRGINIA.
REAL ESTATE DESCRIPTION:
All that lot or parcel of ground, being part of Lots 11 and 12 in Waddle, Cracraft and Foreman Subdivision of Lot #12 of Poor House Farm, situate in Elm Grove, Wheeling District (formerly Triadelphia District), Ohio County, Wheeling, West Virginia, according to the survey and plat of said subdivision made by B. W. Peterson, Civil Engineer, and recorded in the Office of the Clerk of the County Court of Ohio County, West Virginia, in Deed Book Volume 72, page 460; and more particularly bounded and described as follows:
Beginning at a point on the northerly line of the 16 foot alley in said Plat, said point being North 52 deg 46′ East 169.76 feet from the north-east corner of said Alley and First Street in said Plat.
Thence through Lot 11 and part of Lot 12 passing through a garage and along an existing fence line North 33 deg 40′ 56″ West 51.56 feet to a point on another fence line.
Thence with said fence line North 53 deg 21′ 20″ East 84.17 feet to the westwardly line of another 16 foot Alley in said Plat.
Thence with said line of said Alley South 39 deg 55′ 40″ East 50.65 feet to the northerly line of first mentioned Alley which is also the southeast corner of Lot 11 in said plat.
Thence with said line South 52 deg 46′ West 89.74 feet to the place of beginning.
TERMS OF SALE:
Sale of the Real Estate will be made by the Trustee by public auction to the highest bidder. The Trustee reserves the right to reject any bid that in the Trustee’s opinion is inadequate. The highest bidder will be required to tender the purchase price in cash or immediately available funds by the end of the day of sale. The Trustee reserves the right to accept or reject such other terms as to payment or delivery of payment as may be made or agreed to by the Trustee and the bidder in advance of the sale. If the successful bidder fails to deliver the total purchase price within the prescribed time, the Trustee may proceed to resell the Real Estate pursuant to the Deed of Trust or, at the discretion of the Trustee, convey the Real Estate to the next highest bidder if such bidder will honor his or her bid.
The Trustee also reserves the right to continue the sale of the Real Estate from time to time by oral proclamation or by posting a notice of the same where legal notices are posted in Kanawha County, West Virginia, which continuation shall be in the sole discretion of the Trustee. Should the Trustee not appear at the time appointed for the sale and there is no notice posted of a continuance, please contact the office of the Trustee to make further inquiry. Please direct any inquiries or objections to the sale to the Trustee in writing at the following address: Trustee Paige Vagnetti, Esquire, at Dinsmore & Shohl LLP, 215 Don Knotts Blvd., Suite 310, Morgantown, West Virginia 26501 (304) 296-1100. Any sale may be conducted or adjourned by the designated agent or attorney of the Trustee. Beneficiary or Beneficiary’s designee may purchase the Real Estate at the sale, in whatever manner sold, and in such case, the Beneficiary shall have the right to credit against the amount of the successful bid made therefore all or any of the secured debt then due.
Conveyance will be made by Trustee’s Deed in the form prescribed by W. Va. Code Section 38-1-6, subject to all governmental charges and assessments, utility charges, easements, covenants. rights-of-way, conditions and restrictions of record. Every lot or parcel of the Real Estate, and any improvements located thereon, are sold in “AS IS” condition. The Beneficiary of the Deed of Trust does not make any representations or warranties as to the physical condition of the Real Estate. Any and all legal procedural requirements to obtain physical possession of the Real Estate after the sale are the responsibility of the purchaser. Risk of loss or damage will be the purchaser’s from and after the foreclosure sale. All outstanding taxes, assessments and utility charges will be the responsibility of the purchaser. All settlement fees, costs of conveyance, examination of title and recording charges shall be at the expense of the purchaser. Trustee makes no representations regarding the state of title to the Real Estate. If Trustee cannot convey insurable or marketable title, purchaser’s sole remedy is the return of the purchase money paid by the purchaser for the purchase of the Real Estate. The purchaser shall be responsible for the payment of the transfer taxes imposed by Article 2 of Chapter 11 of the West Virginia Code. Sale is made subject to the right of the Internal Revenue Service to redeem the Real Estate as provided by Section 7425 of the Internal Revenue Code of 1986, as amended. Additional terms and conditions shall be announced
at sale.
Given under my hand this 20th day of September, 2024.
Paige Vagnetti,
Substitute Trustee
Dinsmore & Shohl LLP
Legal Counsel
215 Don Knotts Blvd.
Suite 310
Morgantown, West Virginia 26501
Phone (304) 296-1100
Fax (304) 296-6116
Int. Sep 26, Oct 3, 2024