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 February 22, 2017, executed by the Borrower, James Butterworth, to Zagula Law Offices, the Trustee, of record in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Book 1541, at Page 22. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 24 Florida Ave., Wheeling, WV 26003. Pill & Pill, PLLC was appointed as Substitute Trustee by an APPOINTMENT OF SUCCESSOR TRUSTEE dated June 3, 2019, of record in the Clerk’s Office in Book 1583, at Page 323. 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 Ohio County, in Wheeling, West Virginia, on the following date:
November 25, 2019
at 12:00 p.m. (Noon)
PARCEL I
Situate on Wheeling Island, City of Wheeling, Ohio County, West Virginia, that is to say:
Part of Lot Number Twenty-two (22) In the Fink’s Second Addition to the City of Wheeling, recorded in the office of the Clerk of the County Court of Ohio County, West Virginia, in Deed Book No. 65, pages 284 and 285, and situate at the southwest corner of Elm and Florida Streets, and fronting sixty (60) feet on Elm Street and extending of even width westward along Florida Street to that part of said lot numbered Twenty-two (22) conveyed by the aforesaid C.L. Shorts and Matilda R. Shorts to George B. Frasher by deed of February 1, 1896, and of record in Deed Book No. 95, at page 117, in said clerk’s office.
The intention is to convey all of lot Twenty-two (22) excepting, however, that part thereof conveyed by the said C.L. Shorts et ux to George B. Fresher by the deed next above mentioned.
The aforesaid Lot number Twenty-two (22) was conveyed to said C.L. Shorts by deed of Edward E. Zane, et ux by deed dated October 20, 1892, and of record in Deed Book No. 89, page 435, in said clerk’s office.
The aforesaid C.L. Shorts by his will, dated January 30, 1943, and of record in Will Book No. 25, page 585, in said clerk’s office, fully empowered the said Security Trust Company, as his trustee, to make conveyance of the aforesaid property.
PARCEL II
Situate on Wheeling Island, City of Wheeling, Ohio County, West Virginia, that is to say:
All of lot numbered twenty-three (23) in Fink’s Second Addition to the said City of Wheeling, a plat of which is of record in the Office of the Clerk of the County Court of Ohio County, West Virginia, in Deed Book No. 65, page 284.
Being the same property conveyed to James Butterworth by the Deed dated January 22, 2017 and recorded in Deed Book 916, at Page 577, in the Office of the Clerk of the County Commission of Ohio 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 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{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) 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
foreclosures@
pillwvlaw.com
N.R. Nov. 4, 11, 18, 2019