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 by that certain Credit Line Deed of Trust dated September 9, 2004, executed by Justin S. Marsh and Ashley L. Fonner to Jenny N. Phillips, Trustee, of record in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Book 1246, at Page 607. Bailey & Slotnick, PLLC was appointed as Trustee by SUBSTITUTION OF TRUSTEE dated May 2, 2019, of record in the Clerk’s Office in Book 1582, at Page 514. The borrowers 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 Wheeling, West Virginia, on:
WEDNESDAY,
JULY 3, 2019, AT
10:15 O’CLOCK A.M.
The following described real estate, together with the improvements thereon and appurtenances thereto belonging, situate at Roneys Point, Triadelphia District, Ohio County, West Virginia, being more particularly bounded and described as follows, to-wit:
Lot Numbered Three (3) of Catherine Blayneys Subdivision, Roneys Point, Triadelphia District, Ohio County, West Virginia, which said lot fronts forty (40) feet on the National Road and extends back to Little Wheeling Creek and a distance of 235.70 feet on the North side and 241.25 feet on the south side of said lot. Reference is hereby made for a further description of said lot to a Plat of said Subdivision, which has been made and recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Plat Book 2, at page 45. There is excepted from the southerly boundary of the above lot shown on said plat the part of said lot that is included within the boundary of the National Road. It is understood by both parties, that there shall not be erected any principal structure on said lot within a distance of 38 feet from the northerly side of the National Road. It is also agreed by the parties of the second part, that the said lot shall not be used for any other purpose than a residence.
The said parcel described above is subject to the rights of the owners, their heirs and assigns, of the adjacent Lot Numbered Two (2), as shown and designated in the Plat of Catherine Blayneys Subdivision, Roneys Point, Triadelphia District, Ohio County, West Virginia, for the use in common with the owners of Lot Numbered Three (3) of said subdivision, of a currently existing driveway situate upon the western part of Lot Numbered Three (3) for ingress and egress in and to said lot to and from U. S. Route Forty (40).
It is expressly understood between the parties to this Deed and to anyone who may be interested in said property hereafter, that no buildings are to be allowed or to be erected on said Lot No. 2, South of the building line established upon said plat or map of said subdivision, which building line is established at thirty-eight (38) feet north of the northerly line of the paved portion of said National Road.
Being the same property conveyed to Justin S. Marsh and Ashley L. Fonner, by Bonnie L. Craig Nassif and Thomas J. Nassif, her husband, by Deed dated the 7th day of September, 2004, of record n Book 754, at Page 274.
This conveyance is made subject to all exceptions, reservations, covenants and conditions referred to or contained in the aforementioned deed and all prior deeds of record, and subject to all rights of way and easements of record.
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 § 11-22-2.
3) Real estate taxes due and payable have been paid. All real estate taxes hereafter will be the responsibility of the purchaser.
4) 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.
5) 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.
6) 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.
7) 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 ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the Trustee at sale 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. Minimum acceptable bid will be $49,581.00.
8) For more information on this property, please see listing on the PROPERTIES FOR SALE WEBSITE:
https://properties.sc.
egov.usda.gov/resales/
public/home.
Given under my hand this 10th day of June, 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. 25. July 2, 2019