Trustee Sale

NOTICE OF
TRUSTEE’S SALE
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 November 20, 2006, executed by Borrowers Denise L. Lowe and Michael D. Lowe, to William B. Summers, the Trustee of record in the office of the Clerk of the County Commission of Marion County, West Virginia, in Book 882, at Page 431. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of Rr 1 Box 179, Rivesville, WV 26588. Pill & Pill, PLLC was appointed as Substitute Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated April 27, 2015, of record in the Clerk’s Office in Book 1114, Page 644. The borrowers defaulted under the Note and Deed of Trust and the Substitute Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute 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 the following date:
July 17, 2015
at 11:33 a.m.
The property is described as of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in Paw Paw District, Marion County, West Virginia, and being more particularly described as follows:
SITUATE IN PAW PAW DISTRICT, MARION COUNTY, WEST VIRIGN1A, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIN IN EDGE OF THE FAIRMONT AND WHEELING TURNPIKE, CORNER TO LANDS OF H.B. AMOS AND LOT NO. 1 AS LAID DOWN IN PLAT PARTITING LANDS BY AN INTER-PARTIES DEED EXECUTED BY FLOYD WILSON, ET AL, BEARING DATE THE 25TH DAY OF NOVEMBER, 1921, AND RECORDED IN THE OFFICE OF THE CLERK FO THE COUNTY COMMISSION OF MARION COUNTY, WEST VIRGINIA, IN DEED BOOK 249, PAGE 402, TO WHICH SAID DEED REFERENCE IS HEREBY MADE, AND RUNNING THENCE WITH ONE LINE OF LOT NO. 1, S. 42 DEG. 30′ W. PASSING A STAKE AT 195.47 FET A TOTAL DISTANCE OF 240 FEET TO A POINT IN THE EDGE OF PAW PAW CREEK, CORNER TO SCHOOL HOUSE LOT; THENCE WITH ONE LINE OF SAID SCHOOL HOUSE LOT S 32 FEET TO AN IRON PIN IN THE EDGE OF PAW PAW CREEK, CORNER TO KEYSTONE COAL COMPANY; THENCE WITH ONE LINE OF SAID KEYSTONE COAL COMPANY, S 46 DEG. 23′ E. 35 FEET TO A POINT IN SAID PAW PAW CREEK, CORNER TO LOT NO. 3; THENCE WITH ONE LINE OF LOT NO. 3 N 40 DEG. 59′ E PASSING A STAKE AT 66 FEET, A TOTAL DISTANCE OF 259.5 FEET TO AN IRON PIN IN THE EDGE OF THE FAIRMONT AND WHEELING TURNPIKE CORNER TO H.B. AMOS; THENCE WITH SAID FAIRMONT AND WHEELING TURNPIKE, AND ONE LINE OF SAID H.B. AMOS, N. 44 DEG. 19′ W. 60.26 FEET TO THE BEGINNING, AND BEING THE PARCEL AS SHOWN ON THE SUBDIVISON PLAT OWNED IN AND TO A RESERVIOR FOR HOLDING WATER AND THE WATER LINES LEADING THEREFROM.
THE PROPERTY WAS RECENTLY RESURVEYED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT, STANDING INSIDE THE SOUTHERN EDGE OF WV COUNTY ROUTE 17, AND BEING A COMMON CORNER TO LOTS 2 AND 1, THE POINT OF BEGINNING; THENCE WITH A LINE OF LOT 2 AND SAID ROUTE 17, S 44 DEG. 19′ 00″ E. A DISTANCE OF 60.26 FEET TO A POINT, STANDING INSIDE THE SOUTHERN EDGE OF WV COUNTY ROUTE 17 AND BEING A COMMON CORNER TO LOTS 2 AND 3; THENCE WITH A LINE OF LOTS 2 AND 3, S. 42 DEG. 59′ 00′ W. A DISTANCE OF 211.50 FEET (PASSING THROUGH A 5/8″ IRON PIN SET ON LINE AT A DISTANCE OF 9.17 FEET) TOA 518″ IRON PIN (SET), STANDING IN THE LINE OF LOTS 2 AND 3 AND BEING A COMMON CORNER TO MONONGEHALA RAILWAY COMPANY; THENCE WITH A LINE OF MONONGEHALA RAILWAY COMPANY WITH A CURVE TO THE RIGHT HAVING A RADIUS OF 1,011.73 FEET, AN ARC LENGTH OF 58.92 FEET AND A CHORD BEARING N. 39 DEG. 51′ 10″ W. FOR A DISTANCE OF 58.91 FEET TO A 5/8″ IRON PIN (SET), BEING A COMMON CORNER TO MONONGEHALA RAILWAY COMPANY AND STANDING IN A LINE OF LOTS 2 AND I; THENEC WITH THE LINE OF LOTS 2 AND 1; THENCE WITH THE LINE OF LOTS 2 AND 1, N. 42 DEG. 30′ 00° E. A DISTANCE OF 207.00 FEET (PASSING THROUGH A 5/8″ IRON PIN SET ON LINE AT A DISTANCE OF 197.38 FEET) TO THE POINT OF BEGINNING, CONTAINING 0.285 ACRES.
Being the same property conveyed to Denise L. Lowe and Michael D. Lowe by the Deed dated April 3, 1998 and recorded in Deed Book 946, at Page 199 in the Office of the Clerk of the County Commission of Marion 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 § 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{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the Trustee at sale.
Pill & Pill, PLLC,
Substitute Trustee
BY:Richard A. Pill,
Member
Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
foreclosures@
pillwvlaw.com
Times: June 26, July 3, 10, 2015