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 29, 2005,
executed by Borrower(s),
Dianne E Kennedy and Roger Martin Jr, to Randal R. Conrad II, the Trustee of record in the office of the Clerk of the County Commission of Berkeley County, West Virginia, in Book 1690, at Page 566. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 725 W. King St., Martinsburg, WV 25401. Pill & Pill, PLLC were appointed as Substitute Trustees by APPOINTMENT OF
SUCCESSOR TRUSTEE dated October 30, 2019, of record in the Clerk’s Office in Book 3429, Page 59. 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
Virginia, on the
June 8, 2021 at
ALL THAT CERTAIN lot or parcel of real estate, with the improvements and
appurtenances thereunto belonging, situate, lying and being in Martinsburg District, Berkeley County, West Virginia, being more particularly bounded and described as follows:
Beginning at a point in the southwardly side of West King Street, the northwest corner of lots sold to Isaac Kilmer, thence with Kilmer’s line running southwardly and parallel to Porter Avenue and passing through the center of the division Wall between the two sides of a double house 202 feet, more or less, to a point in the northern side of the 13 foot alley; thence with said alley westwardly 25 feet, more or less, to a stake, corner to lot sold by Minor to Margaret Roche, et al.; thence with the latter northwardly parallel to Porter Avenue and passing for a part of the distance through the center of a 3 foot concrete wall 202 feet, more or less, to the southern side of King Street; thence with King street eastwardly 25 feet, more or less, to the place of beginning, together with use in common with the adjacent lot owners of said 3 foot concrete walk and also use in common with the owners of the other lots which constitute the orginal lot conveyed by George S. Roush and wife to Frank A. Minor,
herinafter mentioned, and of which that parcel hereby conveyed is a part of, the cesspool and cistern constructed by the said Minor on the original premises, each party making use thereof to contribute his or her proportionate share of the costs of the maintenance thereof.
AND BEING the same parcel of real estate conveyed to the Grantors herein by Deed dated June 29, 2005, from Tish A. Cavaleri and recorded in the Office of the Clerk of the County Commission of Berkeley County, West Virginia, in Deed Book 802 at page 334.
FOR PURPOSES OF SECTION 4, ARTICLE I, CHAPTER 13 OF THE WEST VIRGINIA CODE ANNOTATED, ANY NOTICE OF A TRUSTEE’S SALE SHALL BE MAILED TO THE GRANTORS HEREUNDER AT THE FOLLOWING ADDRESS (OR SUCH OTHER ADDRESS SUBSEQUENTLY GIVEN TO THE LENDER IN WRITING BY THE GRANTOR): 101 Miranda Court, Martinsburg, WV 25401.
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
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.
5:18;25; 6:1 ( 3t)