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 May 25, 2001, executed by the Borrower, Robert A. Orum, to Mitchell Lee Klein, the Trustee, of record in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Book 1117, at Page 355. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 2122 Chapel Hill Rd., Triadelphia, WV 26059. Pill & Pill, PLLC was appointed as Substitute Trustee by an APPOINTMENT OF SUCCESSOR TRUSTEE dated December 13, 2019, of record in the Clerk’s Office in Book 1595, at Page 258. 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:
February 19, 2020
at 11:30 a.m.
The following tract of land situate on the easterly side of Chapel Hill Road (Liberty-Triadelphia District), formerly Triadelphia District, [now Triadelphia Country District], Ohio County, West Virginia, and being more particularly bounded and described as follows:
Beginning at a point in the centerline of the Chapel Hill Road, said beginning point being located the following four (4) bearings and distances from a beech snag, standing on the east side of Chapel Hill Road at an original corner of the Hubbard farm and Stewart farm; thence from said beginning point and with said east side of Chapel Hill Road, N. 20* 42′ E. 60 and 5/10 feet to a point; thence N. 14* 17′ E. 104 feet to a point; formerly a walnut, on the east side of said road; thence N. 12* 13′ W. 475 feet to a point in the center line of said Chapel Hill Road; thence with said center line, N. 24* 19′ W. 26 and 49/100 feet to said beginning point; thence from said beginning point and with said center line the following seven (7) bearings and distances: N. 24* 19′ W. 13 and 6/100 feet to a point; thence N. 33* 45′ W. 41 and 1/100 feet to a point; thence N. 38* 30′ W. (passing the division line between the 1st and 2nd tracts now owned by the party of the first part hereto) 60 and 22/100 feet to a point; thence N. 29* 32′ W. 27 feet to a point; thence N. 16* 37′ W. 47 and 54/100 feet to a point; thence N. 06* 07′ W. 36 and 22/100 feet to a point; thence N. 03* 28′ E. 24 and 95/100 feet to a point in the westerly extension of a fence line, said point being at the most westerly corner of a 1 and 5/10 acre tract of land now or formerly owned by Grace A. Becker; thence leaving Chapel Hill Road and with said fence line, S. 76* 10′ E. (at 21 and 54/100 feet passing through a fence post) 200 feet to a point; S. 29* 32′ W. 201 and 45/100 feet to the place of beginning, as compiled by Stegman & Schellhase, Inc., Civil Engineers and Surveyors, Five Hundred Twenty-eight One Thousandths (528/1000) acres, more or less.
There is reserved from the operation of this deed all the coal and coal privileges heretofore sold or conveyed to Elm Grove Coal Company.
The said 528/1000 acre tract is subject to that part of the right of way for the Chapel Hill Road that is included within the boundary lines of the said 528/1000 acre tract.
Being the same property which was conveyed to Thomas G. Mitcham and JoAnne Mitcham, his wife, by George Trefnoff and Mary Louise Trefnoff, his wife, by a Deed dated the 19th day of April, 1991, and recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed Book 660, at Page 108.
Being the same property conveyed to Robert A. Orum by the Deed dated September 22, 1997 and recorded in Deed Book 701, at Page 178, 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%) 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. Jan. 9, 30. Feb. 6, 13, 2020