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 20, 2009, executed by the Borrower, Michael J. Hall, to J. Michael Cassell, Esq., the Trustee, of record in the Office of the Clerk of the County Commission of Berkeley County, West Virginia, in Book 2343, at Page 287. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 52 Patty’s Place, Falling Waters, WV 25419. Pill & Pill, PLLC was appointed as Substitute Trustee by an APPOINTMENT OF SUCCESSOR TRUSTEE dated August 7, 2017, of record in the Clerk’s Office in Book 3181, 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 Berkeley County, in Martinsburg, West Virginia, on the following date:
March 30, 2020 at 10:16 a.m.
All of that certain lot or parcel of real estate, with the improvements thereon and the appurtenances thereunto belonging, situate, lying and being in Falling Waters District, Berkeley County, West Virginia, and more particularly described as follows:
Lot 15 F, Section F, POTOMAC HEIGHTS Subdivision, containing 0.865 acre, as shown on that certain plat dated March 13, 1970, and recorded among the Berkeley County land records in Deed Book 245, at page 253, TOGETHER WITH the right to traverse the streets and roads of said subdivision in common with other lot owners.
The above described property is subject to any and all applicable covenants, conditions, reservations and restrictions, limitations, rights of way, streets, alleys, and easements of record.
Being the same property conveyed to Michael Hall by the Deed dated October 16, 2006 and recorded in Deed Book 850, at Page 562, in the Office of the Clerk of the County Commission of Berkeley 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 § 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
[email protected]
3:9,16,23 (3t)