NOTICE OF
TRUSTEE’S SALE
Notice is hereby given that default having occurred in the payment of that certain indebtedness secured by a deed of trust dated September 24, 2007, between Kristina L. Davidson, now Kristina L. Maslowski and Keith A. Close and Marti Moreland, Trustee recorded in the Office of the Clerk of the County Commission of Berkeley County, West Virginia, in Deed of Trust Book No. 2182, at page 223, which deed of trust authorizes the beneficiary to remove, substitute, or appoint a successor trustee, at its option and by Substitution of Trustee duly made and recorded in the aforesaid Clerk’s Office, the beneficiary, First People’s Federal Credit Union exercised its option and removed Marti Moreland as Trustee and appointed Nelson M. Michael as its Substitute Trustee to act in the enforcement of said deed of trust in person, or by agent, and the undersigned Successor Trustee having been requested in writing by the beneficial owner of said
indebtedness to enforce said deed of trust, will sell at public auction to the highest bidder the following hereinafter described real estate on
FRIDAY, MARCH 6th, 2020 AT 11:00 O’CLOCK A.M. IN FRONT OF THE
BERKELEY COUNTY COURTHOUSE, 100 WEST KING STREET, MARTINSBURG,
WEST VIRGINIA
All that certain lot or parcel of real estate together with the improvements thereon and appurtenances thereto belonging, situate in Hedgesville District, Berkeley County, West Virginia, and more particularly described as follows:
Lot No. 28 of the Fort Hill Farm Subdivision as more fully shown upon that certain plat prepared by Fox & Associates, Inc., dated October, 1994, and recorded in the Office of the Clerk of the County Commission of Berkeley County, West Virginia, in Plat Cabinet No. 6, at Slide No. 18.
And being the same parcel of real estate conveyed to Keith Close and Kristina L. Davidson, by deed dated September 24, 2007, from Yohanis A. Smith, and recorded in the Office of the Clerk of the County Commission of Berkeley County, West Virginia, in Deed Book 879 page 641. It further being the same property in which the said Keith Close conveyed all of his right, title and interest to Kristina L. Davidson by deed dated September 14, 2009 and recorded in the aforesaid Clerk’s Office in the Deed Book 936 at page 520.
The above described real estate will be conveyed by the undersigned Substitute Trustee by deed without warranty of any kind, express or implied, and subject to all prior liens, and further subject to all unpaid real estate taxes or assessments, encumbrances and claims in favor of public service district/municipal sanitary boards, if any, and also further subject to any covenants, restrictions, conditions, reservations, rights of way and easements of record in the aforesaid Clerk’s office and affecting the subject real estate and without responsibility for or representations as to any items of personal property located thereon; and, any party claiming an interest in any item of personal property is responsible for the removal thereof prior to the day of sale.
The property will be sold in its present condition “AS IS”. The undersigned Substitute Trustee makes no warranties as to the condition of the premises. Said Substitute Trustee shall be under no duty to cause any tenant or other persons occupying the premises to vacate same.
All net proceeds of sale shall be first applied to the satisfaction of the aforesaid first lien deed of trust.
TERMS OF SALE
1. 10% cash or certified funds on day of sale,
balance within 30 days;
2. Subject to any prior deeds of trust or security agreements of record;
3. Subject to any special assessments or any liens for taxes;
4. The above-described real estate will be sold by the undersigned Substitute Trustee by auction to the highest bidder subject to the right of the undersigned Trustee to reject all bids if, in his opinion, said bids are inadequate; and,
5. The owner of the indebtedness secured by the above-described deed of trust shall have the right to bid.
CONTINUANCE OR
ADJOURNMENT
OF SALE
The undersigned Substitute Trustee reserves the right to continue the sale or to adjourn the sale for a time or from time to time without further notice other than oral public announcement at the time and the place of sale as hereinabove set forth or at any continuance or adjournment thereof.
Any persons desiring
additional information may contact the undersigned Substitute Trustee.
Dated this 20th day of January, 2020.
Nelson M. Michael
Trustee
2:27,3:5 (2t)