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 June 16, 2006, executed by Borrowers, Carla Hartley and Fred Hartley, to H. Charles Carl, III, the Trustee of record in the
office of the Clerk of the County Commission of Berkeley County, West Virginia, in Book 1934, at Page 387. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 575 Quarry Road, Bunker Hill, WV 25413. Pill & Pill, PLLC were appointed as Substitute Trustees by
APPOINTMENT OF SUCCESSOR TRUSTEE dated July 7, 2020, of record int he Clerk’s Office in Book 3529, Page 175. The borrowers defaulted under the Note and Deed of Trust and the Substitute Trustees have been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustees 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:
21st day of September, 2020 at 10:02 a.m.
All that certain lot or parcel of real estate, with the improvements and appurtenances thereunto belonging, situate in the Mill Creek District of Berkeley County, West Virginia, being more particularly bounded and described as follows: Being all of .7263 acres, more or less, as shown on that certain plat entitled “Plat of Survey of Scott F. Bush”, prepared by P.C. DiMagno, dated January 7, 2003, and being recorded among the Berkeley County land records in Deed Book 733, at page 62. Together with a non-exclusive access easement for ingress and egress being 60 feet wide in 200 feet long over the pipestern entrance located on the western portion of the land belonging to F. Scott Bush containing 37.2145 acres as shown on the aforementioned plat.
Being the same property conveyed to Carla Hartley and Fred Hartley by the Deed dated June 16, 2006 and recorded in Deed Book 840 at Page 492 in the Office of the Clerk of the County Commission of Berkeley County, West Virginia. Reference is also made to that Court Order recorded in deed book 1276 at page 279 and deed book 1276 at page 612.
TERMS OF SALE:
1) The property will be conveyed is 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 § 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 whall 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:
Pill & Pill, PLLC
85 Aikens Center
Edwin MIller Boulevard
P. O. Box 440
Martinsburg, WV 25402
(304)263-4971
[email protected]
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