Public Notice

NOTICE OF TRUSTEE’S SALE and Notice of the Beneficiary/Servicer’s election to sell property, is hereby given pursuant to and by virtue of the authority vested in the Trustee(s) by that certain Deed of Trust dated March 9, 2005, executed by Jerry J. Simoncic and Rebecca M. Simoncic, to Dan Guida, Trustee, of record in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Book 1260, at Page 694. Hereford & Riccardi, PLLC was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated October 19, 2015, of record in the Clerk’s Office in Book 1514, at Page 395. The borrowers defaulted under the Note and Deed of Trust and the Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Trustee will sell the following described property to the highest bidder at the front door of the Courthouse of Ohio County, in Wheeling, West Virginia, on:

DECEMBER 8, 2015,
AT 12:30 O’CLOCK P.M.

The property is described as all that certain lot or parcel of land, together with the appurtenances thereunto belonging, situate in The City of Wheeling, Triadelphia District, Ohio County, West Virginia, and being more particularly bounded and described as follows:

All of lot numbered twelve (12), together with the southerly one-half (1/2) of lot numbered thirteen (13), in Block “C” as shown on the Plat of Oakmont, which Plat is now of record in the Office of the Clerk of the County Court of Ohio County, West Virginia, in Plat Book No. 2, Page 101, and more particularly described as follows:

Beginning for the same at a stake in the westerly line of Forest Road in said Oakmont Addition, which stake is South.43 degrees 24 minutes west, 75.00 feet from a concrete monument at the intersection of the westerly line of Forest Road and the southerly line of Prospect Road; thence (all bearings being of the meridian of Beach Glen) with the westerly line of Forest Road, south 43 degrees 24 minutes west, 75.00 feet to a stake; thence north 46 degrees 36 minutes west, 120.00 feet to a stake on the easterly line of Lane “C”; thence with said easterly line of Lane “C” north 43 degrees 24 minutes east, 75.00 feet to a stake; thence south 46 degrees 36 minutes east, 120.00 feet to the place of beginning.

This is the same property conveyed unto Jerry J. Simoncic and Rebecca M. Simoncic by deed dated December 8, 1998, of record in the Clerk’s office in Book 710, at Page 118.

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 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 Code Section 11-22-2.
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 shall 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 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.
6) The total purchase price is payable to the Trustee by cashier’s check, cash or the equivalent within thirty (30) days of the date of sale, with ten (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the Trustee at sale by cashier’s check, cash or the equivalent.

Given under my hand this 16th day of November, 2015.

405 Capitol Street,
Suite 306
Charleston, West Virginia 25301
WV State Bar No. 1687
Phone (304) 346-1800
N.R. Nov. 30, 2015
N.R. Dec. 7, 2015