Trustee Sale

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 September 17, 2003, executed by Theresa M. Efaw, A.K.A. Theresa A. Efaw and John M. Efaw to Barry Dobson and George M. Cipriani, Trustees, of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Book 783, at Page 48. Hereford & Riccardi, PLLC was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated December 10, 2013, of record in the Clerk’s Office in Book 1074, at Page 496. 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 Marion County, in Fairmont, West Virginia, on:
APRIL 1, 2015, AT
12:00 O’CLOCK P.M.
All that certain tract, piece or parcel of land, together with the improvements, privileges and appurtenances thereunto belonging, situate, lying and being in the unincorporated Village of Idamay, in the District of Lincoln, in the County of Marion, in the State of West Virginia, and more particularly bounded and described as follows:
That is hereinafter described as part of Lot No. 34 in a plan of lots laid out by Bethlehem-Cuba Iron Mines Company and filed in the Office of the Clerk of the County Court of said County of Marion on May 15, 1953, in Deed Book No. 532, at Pages 5 and 7, and as is shown on a map or plat which is attached hereto and made a part hereof and more particularly bounded and described as follows: Beginning at a stake on the northern right of way line of an alley, the southeastern corner of Lot N. 33 and running thence with Lot No. 33 N. 37 Deg 41’ 56” E. 53.01 feet to a stake; thence S. 52 deg 18’ 04” E. 97.50 feet to a stake thence S. 37 deg 41’ 56” W. 50.00 feet to a stake; thence N. 52 deg 13’ 04’ W. 37.50 to the place of beginning.
This is the same property conveyed unto Theresa M. Efaw, A.K.A. Theresa A. Efaw and John M. Efaw by Deed dated April 22, 1978, of record in the Clerk’s Office in Book 814, at Page 438.
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 § 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 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 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 9th day of March 2015.
By: Philip B. Hereford,
405 Capitol Street,
Suite 306
West Virginia 25301
Phone: (304) 346-1800
Times: March 24, 31, 2015