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 January 20, 2000, executed by Borrower(s), Henry A Warner and Bonnie S Warner, to Bart Demeter, the Trustee of record in the office of the Clerk of the County Commission of Ohio County, West Virginia, in Book 1090, at Page 191. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 71 Yahn Warner Dr, Valley Grove, WV 26060. Pill & Pill, PLLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated February 16, 2021, of record in the Clerk’s Office in Book 1625, Page 683. 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 Ohio County, in Wheeling, West Virginia, on the following date:
July 6, 2021
at 9:48 a.m.
THE FOLLOWING TRACT OF LAND IS SITUATE NORTH OF SAMPLE ROAD, (W.VA. STATE SECONDARY ROUTE NO. 41/4), TRIADELPHIA DISTRICT, OHIO COUNTY, WEST VIRGINIA, AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE EASTERLY LINE OF THE ONE ACRE TRACT OF LAND THAT WAS CONVEYED BY HAROLD F. JOHNSON, ET AL., TO LOUIS YAHN BY DEED DATED APRIL 21, 1983, AND RECORDED IN THE OFFICE OF THE CLERK OF THE COUNTY COURT OF OHIO COUNTY, WEST VIRGINIA, IN DEED BOOK 612, AT PAGE 319, AT ITS INTERSECTION WITH THE DIVISION LINE BETWEEN THE TRACT HEREIN DESCRIBED AND THE 1 AND 407/100 ACRE TRACT OF LAND NOW OR FORMERLY OWNED BY SAID LOUIS J. YAHN; THENCE FROM SAID BEGINNING POINT AND WITH SAID EASTERLY LINE THE FOLLOWING FOUR (4) BEARINGS AND DISTANCES: S. 11* 58′ E. 40 AND 45/100 FEET TO A POINT; THENCE S. 21′ 00′ E. 51 AND 38/100 FEET TO A POINT; THENCE S. 28* 29′ E. 34 AND 99/100 FEET TO A POINT; THENCE S. 37′ 09′ E. 30 AND 55/100 FEET TO A POINT IN THE DIVISION LINE BETWEEN THE TRACT HEREIN DESCRIBED AND THE 1 AND 434/1000 ACRE TRACT NOW OR FORMERLY OWNED BY SAID LOUIS J. YAHN; THENCE WITH SAME, CROSSING THROUGH SAID ONE ACRE TRACT, THE FOLLOWING THREE (3) BEARINGS AND DISTANCES: S. 52* 51 W. 50 FEET TO A POINT IN THE EASTERLY LINE OF A RIGHT OF WAY, TWENTY (20) FEET WIDE; THENCE WITH SAME S. 01* 32′ E. 65 AND 75/100 FEET TO A POINT; THENCE S. 55* 27′ 06″ W. (AT 23 AND 86/100 FEET PASSING THE WESTERLY LINE OF SAID RIGHT OF WAY OR ROADWAY) 168 AND 06/100 FEET TO A POINT IN THE CENTERLINE OF SAMPLE ROAD; THENCE WITH THE SAME THE FOLLOWING FOUR (4) BEARINGS AND DISTANCES: N. 44* 14′ W. 80 AND 38/100 FEET TO A POINT; THENCE N. 43* 05′ W. 58 AND 64/100 FEET TO A POINT; THENCE N. 39* 35′ W. 44 AND 59/100 FEET TO A POINT; THENCE N. 36* 58′ W. 48 AND 6/10 FEET TO A POINT; THENCE LEAVING SAID ROAD CROSSING THROUGH OTHER LANDS NOW OWNED BY SAID LOUIS J. YAHN N. 08* 08′ 17″ E. 95 AND 76/100 FEET TO A POINT IN SAID DIVISION LINE BETWEEN THE TRACT HEREIN CONVEYED AND SAID 1 AND 407/1000 ACRE TRACT; THENCE WITH SAME N. 75* 35′ 30″ E. (AT 192 AND 99/100 FEET AND AT 213 AND 01/100 FEET PASSING THE WESTERLY AND EASTERLY LINES OF SAID RIGHT OF WAY, TWENTY (20) FEET WIDE) 263 AND 06/100 FEET TO THE PLACE OF BEGINNING CONTAINING ONE AND FIVE HUNDRED AND EIGHTY-TWO ONE THOUSANDTHS (1 AND 82/1000) ACRES, MORE OR LESS, AS COMPLIED BY STEGMAN & SCHELLHASE, INC., CIVIL ENGINEERS AND SURVEYORS, WHEELING, WEST VIRGINIA, ON APRIL 20, 1989. THERE IS ALSO GRANTED TO THE PARTIES OF THE SECOND PART HERETO THE RIGHT TO USE THE AFORESAID RIGHT OF WAY, TWENTY (20) FEET WIDE, LEADING FROM THE NORTHERLY LINE OF THE ABOVE DESCRIBED 1 AND 582/ 1000 ACRE TRACT OF LAND IN A SOUTHERLY DIRECTION TO SAMPLE ROAD, THE WESTERLY LINE OF SAID RIGHT OF WAY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID ABOVE DESCRIBED 1 AND 582/1000 ACRE TRACT OF LAND, SAID BEGINNING POINT BEING LOCATED S. 75* 35′ 30″ W. 50 AND 05/100 FEET FROM THE MOST NORTHERLY CORNER OF SAME; THENCE WITH SAID WESTERLY SIDE, THE FOLLOWING EIGHT (8) BEARINGS AND DISTANCES: S. 11* 58′ E. 42 AND 99/100 FEET TO A POINT; THENCE S. 21* 00′ E. 61 AND 47/100 FEET TO A POINT; THENCE S. 28* 29′ E. 44 AND 91/100 FEET TO A POINT; THENCE S. 37* 09′ E. 29 AND 41/100 FEET TO A POINT; THENCE S. 01* 32′ E. 153 AND 12/100 FEET TO A POINT; THENCE S. 36* 32′ E. 74 AND 86/100 FEET TO A POINT; THENCE S. 28* 37′ E. 16 AND 75/100 FEET TO A POINT; THENCE LEAVING SAID WESTERLY LINE OF SAID RIGHT OF WAY, TWENTY (20) FEET WIDE, S. 02* 40′ E. 36 AND 34/100 FEET TO A POINT IN THE CENTER OF SAMPLE ROAD, LOCATED S. 83* 31′ W. 23 AND 59/100 FEET AND N. 84* 21′ W. 17 FEET ALONG SAID CENTER OF SAMPLE ROAD FROM THE EASTERLY LINE OF SAID RIGHT OF WAY, SAID RIGHT OF WAY IS TO BE USED IN COMMON BY ALL OWNERS HAVING RIGHTS THEREIN, THEIR HEIRS AND ASSIGNS. THE SAID 1 AND 582/1000 ACRE TRACT IS SUBJECT TO THAT PART OF THE RIGHT OF WAY TWENTY (20) FEET WIDE AS THE SAME IS DESCRIBED ABOVE PASSING THROUGH SAID 1 AND 582/1000 ACRE TRACT TO OTHER LANDS NOW OWNED BY SAID LOUIS J. YAHN. THERE IS EXCEPTED AND RESERVED FROM THE SAID 1 AND 582/1000 ACRE TRACT OF LAND, SO MUCH OF THE COAL UNDERLYING SAME, TOGETHER WITH SUCH MINING RIGHTS AND PRIVILEGES THAT HAVE HERETOFORE BEEN EXCEPTED AND/OR CONVEYED.
A 2000 80 x 28 Skyline Corp manufactured home bearing VIN number 17390745MA/B is located on the above described property.
Being the same property conveyed to Henry A Warner and Bonnie S Warnerby the Deed dated July 30, 1994 and recorded in Deed Book 680 at Page 673 in the Office of the Clerk of the County Commission of Ohio County, West Virginia.
TERMS OF SALE:
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 11-22-1.
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 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 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,
BY: Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
N.R. June 15, 22, 29, 2021