NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE
NOTICE is hereby given that by virtue of the authority vested in the undersigned Substitute Trustee by that certain Deed of Trust, dated January 21, 2005, executed by RANDALL G. SMITH and KIMBERLY K. SMITH, as Trustors, to RICHARD PILL, as Trustee, and recorded on February 3, 2005, in Book 524, at Page 303, in the Office of the Clerk of the County Commission of Hancock County, West Virginia; and a Corporate Assignment of Deed of Trust dated December 4, 2019, and recorded on December 10, 2019, as Instrument No. 201900005360, in Book 867, at Page 2718, in the Office of the Clerk of the County Commission of Hancock County, West Virginia; and that certain Substitution of Trustee, Fred G. Staker, III, a resident of Cabell County, West Virginia, dated March 4, 2020, and recorded on March 16, 2021, as Instrument No. 202000001058, in Book 869, at Page 1474, in the Office of the Clerk of the County Commission of Hancock County, West Virginia, by which Deed of Trust referenced above the said grantors, RANDALL G. SMITH and KIMBERLY K. SMITH, conveyed unto the said Trustee, the hereinafter described real estate to secure payment of a certain Promissory Note set out and described therein, and default having been made in the payments of said Promissory Note, and the said Substitute Trustee, Fred G. Staker, III, having been requested in writing to do so by the owner and holder of said Promissory Note, the undersigned Substitute Trustee, Fred G. Staker, III, will sell to the highest bidder on FRIDAY, MAY 7, 2021 AT THE HOUR OF 1:00 O’CLOCK P.M., at the front door of the Courthouse of Hancock County, or at the location at, around, or within the Courthouse where Foreclosure Sales are normally and regularly conducted, located within the City of New Cumberland, State of West Virginia, the following described real estate, TO WIT:
Situated in the District of Butler, County of Hancock and City of Weirton and State of West Virginia known and designated as Lot Numbered Seventy-Two (72), Block “D” of C. Ferguson’s Allotment is of record in the plat of records of the Clerk of the County Court of Hancock County, West Virginia at Plat Book Number One, pages 120-121.
Subject to all restrictions, exceptions, reservations, stipulations and conditions set forth in all prior deeds and plats by, through and under which the grantors derive and claim their interest.
Map No. W42H 0033 0000 0000
PHYSICAL ADDRESS: The physical address and location of the subject real property is 3015 ORCHARD STREET, WEIRTON, WEST VIRGINIA 26062-4622.
TERMS OF SALE: Ten Percent (10%) down on the day of sale to be paid by certified check. The remainder is due in no more than Thirty (30) Days from the day of sale. The sale shall be subject to any and all outstanding property taxes and assessments and all prior liens and encumbrances of record and otherwise, if any. The Substitute Trustee does not warrant title to the subject property.
The purchaser shall be responsible for the payment of all transfer taxes imposed by Article 2 of Chapter 11 of the Official Code of West Virginia, as amended.
The subject property will be sold in an “AS IS” and “WHERE IS” condition. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate the said property. The Substitute Trustee will deliver a Trustee’s Deed to the Purchaser without any covenant or warranty (express or implied) in the form prescribed by WV Code Section 38-1-6, as amended. The Substitute Trustee makes no representations and warranties about the title of the real estate to be conveyed.
Any sale hereunder may be adjourned or continued from time to time without any further notice other than a verbal or oral proclamation at the time and place appointed for this sale, or by the posting of a written notice of the same where legal notices are posted for Hancock County. Should the Substitute Trustee not appear at the time and place appointed for the sale, and there is further no notice posted of an adjournment or continuance, please contact the office of the Substitute Trustee. The undersigned is fully vested with the authority to sell said real property as Trustee by instrument previously recorded.
Should any party or person have any inquiries, objections to the sale, protests regarding the sale, or requests regarding the sale, please notify the Substitute Trustee below at the address and telephone number set forth below.
Given under my hand all as of this 19th day of March, 2021.
/s/ Fred G. Staker, III
FRED G. STAKER, III,
SUBSTITUTE TRUSTEE
120 East Fourth Street
8th Floor
Cincinnati, Ohio 45202-4007
Telephone: (304) 710-0525
WDT March 29, April 5, 2021