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 March 6, 2002, executed by Borrower(s), Terry Domer and Christina Domer to Janet Phillips, the Trustee of record in the office of the Clerk of the County Commission of Berkeley County, West Virginia, in Book 1049, at Page 603. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 1567
Specks Run Rd, Bunker Hill, WV 25413. Pill & Pill, PLLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated December 8, 2020, of record in the Clerk’s Office in Book 3619, Page 160. The borrower(s) 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:
February 25, 2021 at 10:00 a.m.
A tract of land located in Mill Creek District, Berkeley County, West Virginia, on the drains of Specks Run, on the northwest side of the center line of West Virginia Secondary Route No. 28 about 816.75 feet northeast of its intersection with West Virginia Secondary Route No. 28/2, and is more particularly described as follows:
Beginning at (1), a 1/2 inch iron rod at a fence corner, found, being a corner of the original 19.34 acre tract known as Parcel No. 3 of which this survey is a part, and being a corner of the 5.820 total acre tract owned now by Joseph Tyskiewicz (it being a part of the 10.2 acre
tract or Parcel No. 2 and also a small part of Parcel No. 3 or said 19.34 acre tract), and being a corner of 8.30330 acre tract known as Parcel No. 3 owned by Ira G. and Olive S. Clover, and Michael E. Frye; thence, going with a line of said original tract for one line, and going with said 5.820 total acre tract for two lines, FIRST COURSE, N 19 deg. 41′ 13″ E, 75.32 feet to (2), a flush 5/8 inch capped iron rod, set, in original line being a division corner; thence, going across said original tract with a new division line, and with the southwest bounds of a 40 foot wide right of way (which is now over the said 5.820 total acre tract), SECOND TRACT, S 74deg. 51′ 40″ E, 1032.84 feet to (A), a flush 5/8 inch capped iron rod, set , in line, and continue the same course, 15.00 feet (in all 1047,84 feet) to (3), a flush railroad spike, set in center line of West Virginia Secondary Route No. 28 (a 30 foot R/W), being in the original line and being a division corner and a corner of said 5.820 acre tract; thence, going with said original tract for four lines, and going with the center line of Route No. 28 for two lines, THIRD COURSE, S 17 deg. 47′ 12″ W. 149.82 feet to (4) a calculated point in said road’s center line; thence, FOURTH COURSE, S 18 deg. 11′ 38″ W, 100.18 feet to (5) a calculated point in said center line, being also a corner of the original 20 acre tract known as Parcel No. 1 which is owned now by Joseph Tyszkiewicz and also a corner now of a 6.649 acre tract which is part of said Parcel No. 1; thence going with a line of said Parcel No. 1 for one line, and going with said 6.649 acre tract for one line in part, FIFTH COURSE, N. 74 deg. 50′ 10″ W., 15.00 feet to (8), a flush 5/8 inch capped iron rod, set, in line, and continue the same course, 336.70 feet to (C), a flush 5/8 inch capped iron rod, set, in line, (being a corner of said 6.649 total acre tract and being a corner also of 6.639 total acre tract which is also part of Parcel No. 1), and continue the same course with a line of said 6.639 acre tract, in part, 351.70 feet to (d’ a flush 5/8 inch capped iron rod, set, in line, (being a corner of a 6.632 total acre tract which is also a part of said Parcel No. 1), and continue the same course with said 6.632 acre tract, 351.70 feet (in all 1055.10 feet) to (6), a flush 5/8 inch capped iron rod set, being a corner of said Parcel Nos. 1 and 3 and being a corner now of said 6.632 acre tract and being in a line of the said 8.30330 acre tract; thence going with a line of said 8.30330 acre tract, for one line, SIXTH COURSE, N 19 deg 35′ 07″ E. 174.68 feet to the point of beginning, containing a total area of 6.023 acres, more or less as appearing upon a plat of same, prepared by Davy & Lovett Enterprises, Inc., Plat No. D86-014, dated March 1, 1986, which said plat is attached hereto and recorded herewith.
Being the same property conveyed to Terry Domer and Christina Domer by the Deed dated January 12, 1994 and recorded in Deed Book 566 at Page 214 in the Office of the Clerk of the County Commission of Berkeley County, West Virginia.
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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