Public Notice

NOTICE OF SUCCESSOR TRUSTEE’S SALE
NOTICE OF SUCCESSOR TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Successor Trustee by that certain Deed of Trust dated January 23, 2019, executed by Brian M. Kester to George J. Anetakis to secure First Choice America Community Federal Credit Union of record in the office of the Clerk of the County Commission of Hancock County, West Virginia, in Book 861, at Page 2521. Thomas J. Decapio was appointed as Successor Trustee by appointment of Successor Trustee dated June 18, 2020, and recorded in Book 871, page 998. The Borrower defaulted under the Note and Deed of Trust and Security Agreement and the Successor Trustee has been instructed to foreclose under the Deed of Trust and Security Agreement. Accordingly, the Successor Trustee will sell the following described real property, along with any interest in and to all equipment, whether any of the foregoing is owned now or acquired later, all accessions, additions, replacements, and substitutions relating to any of the foregoing, all records of any kind relating to any of the foregoing, all proceeds) relating to any of the foregoing (including insurance, general intangibles and account proceeds, and all other personal property owned by the Borrowers now or at any time hereinafter in or on the Mortgage Premises and in any improvements erected thereon used or useful in the operation of the Mortgaged Premises, whether or not attached to the real estate, and all additions to and substitutions and replacements of any of the above-described types and items of property, and any proceeds of any thereof, and with respect to the Morgaged Premises to the highest bidder at the Hancock County Courthouse, 106 Court Street, New Cumberland, WV 26047 on:
August 10, 2020 at 10:00 A.M.
Exhibit A
Parcel No. 1
All that certain parcel of land situate near Standish Hill Road in Clay District, Hancock County, West Virginia, described in metes and bounds as follows:
Beginning at a pipe in the South line of Standish Hill Road, Route No. 9/4, and the dividing line of Kester and Elder; thence along said dividing line S 2 deg. -30′ E 196.23 feet to an Iron Pin being the true place of beginning of the parcel to be described; thence continuing along the Elder line S 2 deg. -30 E. 64.57 feet to an Iron Pin; thence S. 32 deg. -08′ W 124.68 feet to an Iron Pin; thence through the Kester property N 82 deg. -41′ E 360.47 feet to an Iron Pin in the West line of a 15 foot Lane or Right of Way; thence along said line N 19 deg. -51″ W 129.96 feet to an Iron Pin; thence leaving said 15 foot Lane or RIght of Way and through the Kester property N 89 deg. -35′ W 249.88 feet to the place of beginning containing 0.96 acre, more or less.
Also conveying a 15 foot Right of Way for roadway purposes for ingress and egress and described as follows:
Beginning at the NE Corner of the above described parcel; thence along the West line of the 15 foot Right of Way N 19 deg. -51′ W 42.71 feet to a point; thence along the North line of the 15 foot Right of Way n 70 deg. -09′ E 15 feet to a pipe in the SW corner of the Duffield 1.09 acre parcel; thence with the South line of the Duffield parcel N 73 deg. -50′ E 215.07 feet to a pipe on the Westline of an established 40 foot Street or Right of Way, said pipe being S 22 deg. -22′ E 226.29 feet from the South line of Standish Hill Road #9/4; thence with said line S 22 deg. ‘-22 E 15.09 feet to a point; thence along the South line of the 15 foot Right of Way S 73 deg -50′ W 189.07 feet to a point; thence along a curve to the Left having a radius of 25 feet, an arc distance of 40.88 feet to a point; thence along the East line of the Kester property S 19 deg. -51′ E 134.31 feet to an Iron Pin; thence along the dead end of the 15 foot Right of Way S 82 deg -41′ W 15.37 feet to the SE corner of the above described parcel; thence along the west line of the 15 foot Right of Way N 19 deg. -51’ W 129.96 feet to the place of beginning. all as shown on the attached survey Plat.
Being a part of the 1.54 acre recorded in DB 102, page 67, a part of the 2.04 acre parcel recorded in DB 143, page 371 and the 15 foot Right of Way conveyed to the Grantors by Right of Way deed dated 16th day of Sept., 1988 and recorded in DB 208, page 612.
Beginning at an Iron Pin in the SE corner of the Grantees 0.96 acres parcel therefore conveyed to the Grantees by deed recorded in Deed Book 209, at Page 37; thence along the dead end of the established 15 Right of Way N 82 deg. 41′ E 15.37 feet to an Iron Pin; thence with lines of the Merkich Estate land S 19 deg 51′ E 128.15 feet to an Axle; thence S 82 deg. 41 W 506.59 feet to a point on the Elder line; thence with said line N 32 deg 08′ E 162.02 feet to an Iron Pin; Thence with the South line of the Grantees 0.96 acre parcel N 82 deg. 41′ E. 360.47 feet to the place of beginning 1.27 acres, more or less. Clay DIstrict, Hancock County, WV.
Beginning the same property conveyed to David L. Kester by deed of Sharon A. Kester dated the 18th day of August, 2010 and of record in the Office of the Clerk of the County Court of Hancock County, West Virginia in Deed Book 802, page 1721. David L. Kester died intestate on October 23, 2015 leaving his surviving heirs: Brian K. Kester and Samantha Beynon. The same property was sold for delinquent taxes for tax year 2016 at the sheriff’s tax sale to Popcom Properties.
Address: 52 Wabash Lane, Weirton, West Virginia, 26062
Tax Map or Parcel ID No.:
C31/0010 & C31/0009
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 to redemption, all property taxes, prior Deeds, liens, reservations, encumbrances, restrictions, right-of-ways, easements, covenants, conveyances and condition 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 11-22-2.
3) The Purchaser shall be responsible for the payment of all unpaid real estate taxes associated with the property.
4) 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.
5) 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.
6) The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate the 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.
7) The total purchase price is payable to the Trustee by cashier’s check, cash or equivalent within thirty (30) days of the date of sale, with ten percent (10%) of the total purchase price payable to the trustee at sale by cashier’s check, cash or equivalent.
8) In the event that there are Federal Tax Liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer.
Given under my hand this 14th of July, 2020.
By: Thomas J. Decapio, Esq.
Successor Trustee
Frankovitch, Anetakis, Simon,
Decapio & Pearl, LLP
529 Carolina Avenue,
Chester, WV 26034
Phone: 304-387-4400
7-17,24, 2020 Adv.