NOTICE OF
TRUSTEE’S SALE
NOTICE OF TRUSTEE’S SALE and Notice of the Beneficiary / Servicer’s election to sell property, is hereby given pursuant to and by virtue of the authority vested in the Trustee(s) by that certain Deed of Trust dated August 10, 2018, executed by Kristi L. Laudermilt to Cara Stazenski, Trustee, of record in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Book 1568, at Page 353. Bailey & Slotnick, PLLC was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated April 12, 2019, of record in the Clerk’s Office in Book 1581, at Page 210. The borrower defaulted under the Note and Deed of Trust and the Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Trustee will sell the following described property to the highest bidder at the front door of the Courthouse of Ohio County, in Keyser, Wheeling, on:
WEDNESDAY, JUNE 18, 2019, AT
1:00 O’CLOCK P.M.
The following parcel of land situate in South Cedar Rocks, together with the buildings and improvements thereon and the appurtenances thereunto belonging, near Elm Grove, in Triadelphia District, Ohio County, West Virginia, and more particularly described as follows:
Beginning at a point in Big Wheeling Creek at the most westerly corner of the 1 and 21/100 acre parcel of land that was conveyed by Lutie Hicks to Houston Conrad Burroughs and Grace B. Burroughs, his wife, by Deed dated December 3, 1945, and recorded in the office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed Book No. 283, at page 300; thence with the line of said 1 and 21/100 acre parcel, N. 46 degrees 59′ E. (at 189 and 82/100 feet passing through the center of an 18 inch Wild Cherry) 421 and 52/100 feet to a point in the southerly line of Lot Numbered 50 as shown on the Map of the Wheeling realty Company’s South Cedar Rocks, said map being recorded in said Clerk’s Office in Plat Book No. 1, at page 192, said point being also located N. 56 degrees 59′ E. 115 feet from a tack on the root on the east line of an 18 inch Sugar Tree; thence leaving said 1 and 21/100 acre parcel, and with the southerly line of Lots 50, 51, and 52, N. 63 degrees 8′ W. 360 and 16/100 feet to the most westerly corner of Lot Number 52 on the said map of South Cedar Rocks; thence S. 62 degrees 51′ W. 139 and 54/100 feet to a point; thence S. 27 degrees 09′ E. 277 and 40/100 feet to a point; thence S. 04 degrees 23′ E. 140 and 23/100 feet to the place of beginning, containing 2.1122 acres, more 01′ less, together with all the building and improvements situate thereon, and the hereditaments and appurtenances thereunto belonging.
There is also granted to the parties of the second part hereto, the right of use an unobstructed right of way for a roadway, 16 feet wide, as shown on said map, said roadway to be used in common by the owners of the hereinafter mentioned 5 and 34/100 acre tract of land, their tenants, heirs, administrators, executors, and assigns.
There is excepted and reserved from the property herein conveyed all the coal in and underlying said property, together with the mining rights and privileges, which coal and mining rights have been heretofore conveyed to J.V. Thompson and others.
There is also excepted and reserved from the said 2.1122 acre parcel so much of the right of way for the unobstructed roadway, 16 feet wide, as now located, through said 2.1122 acre parcel as shown on said map, said roadway to be used in common by the owners of all parts of the said 5 and 34/100 acre tract of land was conveyed to Lutie Hicks by George J. Rogers, trustee, by deed dated July 15, 1936, and recorded in said Clerk’s Office in Deed Book 242, at page 105.
This is the same property conveyed unto Kristi L. Laudermilt by Deed dated August 5, 2018, of record in the Clerk’s Office in Book 946, at Page 424.
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 11-22-2.
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 the 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 by cashier’s check, cash or the equivalent within thirty (30) days of the date of sale, with a minimum deposit of $6,000.00 payable to the Trustee by cashier’s check, cash or money order at the time and place of the sale. There will be no refund granted of any amount if the third party purchaser elects not to purchase the property for any reason.
Given under my hand this 28th day of May, 2019.
BAILEY & SLOTNICK, PLLC-TRUSTEE
By:Marc J. Slotnick, Member
500 Virginia Street East, Suite 600
Charleston, West Virginia 25301
Phone: (304) 346-1800
WV State Bar No. 5956
N.R. June 11, 18, 2019