TRUSTEES’ SALE OF VALUABLE REAL
ESTATE
1541 Oak Grove School Road, Hedgesville, WV 25427
In a Deed of Trust dated June 21, 2007, and duly recorded in the Office of theClerk of the County Commission of Berkeley County, West Virginia, in Deed of Trust Book 2150, at page 208 Russell T. Van Horn and Sheila Marie Van Horn did convey untoTrevor T Hyre, Trustee, certain real property. The beneficial holder of that Deed of Trusthas elected to appoint Terra Abstract Trustee West Virginia, Inc. as substitute trustees bya Substitution of Trustee recorded in the aforesaid Clerk’s Office. Default havingoccurred under the Deed of Trust and the beneficial holder having instructed theundersigned Trustees to foreclose, this real property will be sold at public auction at thefront door of the Berkeley County Courthouse, 100 West King Street, Martinsburg, WestVirginia 25401 on:
July 28, 2020
At 10:00 AM
The property for sale as described by the Deed of Trust is as follows:Situate in the Hedgesville District, Berkeley County,
West Virginia, and more particularly described as follows:Beginning at a rebar set corner to Vanhorn Residue and in the line of Fannie V. Albright,thence with the line of Albright N 50 41’27” W 230.37 feet to an iron pipe found in theline of Albright and Corner to Donald H. Vanhorn; thence, with the line of Vanhorn, N38 44′ 55″ E. 149.31 feet to a rebar found corner to Donald Vanhorn and RussellVanhorn, thence, with the lien of R. Vanhorn, thence following Two Courses:
S 7333’43” E 213.72 Feet to a point N 30 52′ 07″ E Passing through a point on the southernright of way Line of WV Rt 9/1, a total distance 226.73; thence following the centerlineof Rt. 9/1. S 76 19′ 43″ E 33.35 feet to a point in the center of Rt. 9/1 and corner toVanhorn Residue; thence, with the line of Residue, S 34 40′ 54″ W. Passing through arebar set on the right of way line to the point of Beginning , a Total Distance of 472.61feet this parcel
contains 1.123 Acres
Address:
1541 Oak Grove
School Rd, WV 25427
Tax Map or Parcel ID No.: Map 31 Parcel 44.5
The purchaser will take the property subject to all exceptions, reservations, rightsof way, easements, conditions, covenants, restrictions, leases and other servitudes ofrecord, if any, pertaining to said real property.The purchaser will be responsible for paying any transfer stamp, excise taxes, andrecording costs associated with recording the Trustee’s Deed into their name.The purchaser will be responsible for paying any unpaid property taxes owed tothe Sheriff of Berkeley County prior to or following the sale directly to the Sheriff.
The purchaser will take the property subject to any deed of trust, judgment, lien,and any other encumbrance having priority over the deed of trust referred to herein.The purchaser will take the property subject to any deed of trust, judgment, lien,and any other encumbrance that is junior (“junior claims”) to this Deed of Trust and towhich sufficient notice was not given. In that case, unless such right to notice is waived,the chain of title shall not merge with this Deed of Trust as to those unnoticed deeds oftrust, judgments, liens, and other encumbrances and will be subject to a further noticedand published sale under this Deed of Trust pursuant to W.Va. Code 38-1-4, in whichbidding shall resume at the last highest bid given. In the event of a surplus of such sale,the mortgagors and noticed junior lienholders are hereby on notice that if such surplus isless than Two Thousand Five
Hundred Dollars ($2500.00), then the
Substitute Trusteewill disburse those proceeds to the most senior interest holder as it sees fit, unless anobjection is made in writing.The Trustees do not guarantee or represent that the boundaries described aboveare accurate, are not encroached upon, or that any particular structure located on theproperty is contained within the described boundaries. The property is therefore soldsubject to an accurate survey at purchaser’s expense.The Trustees reserve the right to adjourn the sale, for a time, or from time to time,by announcement at the time and place of sale described above or any adjournment thereof.
Such adjournment will be noticed by posting a notice at the front door of the
county courthouse or where such notices are traditionally posted at the county courthouse.Such notice will include the date and time when such sale will reconvene. The Trustees reserve the right to reject any and all bids for any reason.The Trustees make no representations as to the condition of the property. Theproperty will be sold in “AS IS” condition. The Trustees make no representations as to whether the property is occupied. Thepurchaser is responsible for gaining access and possession of the property. Trustees shallbe under no duty to cause any existing tenant or person occupying the subject property tovacate said property. The purchaser may assign its rights prior to the delivery of the trustee’s deed by asigned request in writing to the trustee; the assignee of the purchaser shall be bound by allterms and conditions applicable to the purchaser.The Trustees will deliver a trustees’ deed to the purchaser without any covenant orwarranty (express or implied) in the form prescribed by W. Va. Code §38-1-6. TheTrustees make no representations and warranties about the title of the real estate to beconveyed. If the Trustees are unable to convey insurable or marketable title to purchaserfor any reason, purchaser’s sole remedy is return of deposit.
TERMS OF SALE:
Purchaser must bring $9000 cash in hand at the time of saleas a deposit in the form of a certified check or cashier’s check made payable to “Stern & Eisenberg Mid-Atlantic, PC, counsel for Terra Abstract.” Those appearing without theirdeposit will not be allowed to bid. The balance of the successful purchaser’s bid must beproffered in cash within 30 days of the date of the sale. Purchaser shall pay for transferstamps and recording fees. Additional terms of sale may be announced prior to the sale.
Terra Abstract Trustee West Virginia, Inc.
55 Meridian Parkway, Suite 108
Martinsburg, WV 25404
(304) 757-7956,
(443) 815-3931
www.sterneisenberg.com
7:7,14 (2t)