Trustee Sale

NOTICE OF
TRUSTEE’S 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 by that certain Deed of Trust dated October 31, 2011, executed by Joshua D. Pierce to Charles E. Anderson, Trustee, of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Book 1014, at Page 740, which Deed of Trust was assigned by Mortgage Electronic Registration Systems, Inc. to The Huntington National Bank by ASSIGNMENT dated April 26, 2013, of record in the Clerk’s Office in Book 45, at Page 326. Hereford & Riccardi, PLLC was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated May 1, 2013, of record in the Clerk’s Office in Book 1057, at Page 697. The borrower 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:
WEDNESDAY,
SEPTEMBER 16, 2015, AT
10:45 O’CLOCK A.M.
All that certain lot or parcel of real estate, together with the improvements, privileges and appurtenances thereunto belonging, situate on the waters of Pricketts Creek, in Winfield District, Marion County, West Virginia, which was surveyed by Wolfe & Associates dated September 5, 1997, a copy of said plat is attached hereto and made a part hereof, and which is more particularly bounded and described as follows:
Beginning at an iron pin set at the intersection of County Route No. 33 right of way and the property herein to be conveyed, S. 53° 45’ 00” E. 137.00 feet to a 3/4” iron pin set; thence along right of way of County Road No. 33, S. 38° 15’ 00” E. 200.00 feet to a point in creek; thence along Pricketts Creek S. 87° 00’ 00” W. 741.00 feet to a point in creek; thence N. 27° 00’ 00” W. 136.97 feet to a point in creek; thence through property of Rager and to be conveyed N. 74° 45’ 00” E. 588.59 feet to the place of beginning containing 3.116 acres.
EXCEPTING AND RESERVING THEREFROM, such parts or portions of said lot or tract of land which have been heretofore conveyed away by the following deed or conveyance:
1. Deed dated June 8, 2011, to Timothy A. Rager and Shirley A. Rager, husband and wife, of record in the Office of the Clerk of the County Court of Marion County, West Virginia, in Deed Book No. 1093 at page 108 for 0.21 acres.
All that certain lot or parcel of land, situate on the south side of County Route 33 in Winfield District, Marion County, West Virginia;
Lot D: Beginning at a track spike set in the center of a gravel driveway leading to WV Sec. Rt. 33 and corner to Lots B & C; thence with Lot B for two lines; S. 13° 48’ 54” E. a distance of 51.67 feet to a 1/2” iron pin found; thence S. 60° 59’ 12” W. a distance of 124.11 feet to a 1/2” iron pin found; thence with two new lines through Timothy & Shirley Rager: N. 31° 41’ 34” E. a distance of 105.67 feet to a 5/8” iron pin set; thence N. 63° 18’ 22” E. a distance of 45.54 feet to the point of beginning, said described tract containing 0.10 acres (4355.15 square feet) as surveyed and depicted on plat prepared by Chad Freels PS 2177 dated July 2010, and recorded in Deed Book No. 1093, at page 103.
Together with a right of way for the use of a 15’ wide gravel driveway for ingress and egress described as follows:
Beginning at the southern line of State Route 33 thence S. 74° 28’ 50” W. 65.65 feet to a point; thence S. 56° 17’ 47” W. 33.72 feet to a point; thence S. 76° 40’ 04” W. 26.80 feet to a point; thence N. 79° 16’ 03” W. 47.44 feet to a point; thence N. 65° 43’ 37” W. 53.00 feet to a point; thence N. 80 ° 21’ 13” 21.95 feet to a point in the new line of Rager.
THERE IS ALSO EXCEPTED all that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in Winfield District, Marion County, West Virginia, and being more particularly described as follows:
Lot B: Commencing at a 5/8” iron pin set in a line of Tanya R. Costelac and corner to Lot A; thence leaving Lot A with a line of Tanya R. Costelac S. 74 ° 45’ 02” W., a distance of 249.28 feet to a 1/2” iron pin found in a line of Tanya R. Costelac and corner to Timothy & Shirley Rager; thence leaving Tanya R. Costelac with two lines of Timothy & Shirley Rager; N. 60° 59’ 12” E., a distance of 124.11 feet to a 1/2” iron pin found; thence N. 13° 48’ 54” W., a distance of 51.67 feet to a track spike set in the center of a gravel driveway leading to WV Sec. Rt. 33 and corner to Lot C; thence leaving Timothy & Shirley Rager with a line of Lot C N. 80° 48’ E., a distance of 28.85 feet to a 5/8” iron pin set, corner to Lots A and C; thence Lot C with a line of Lot A S. 66° 54’ 00” E., a distance of 125.93 feet to the point of beginning; said described tract containing 0.18 acres (7994.41 square feet) as surveyed and depicted on plat prepared by Chad Freels PS 2177 dated January 2010, and recorded in Deed Book No. 1093, at page 107.
This is the same property conveyed to Joshua D. Pierce by deed dated October 31, 2011, of record in the Clerk’s Office in Book 1099, at Page 563.
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 § 11-22-2.
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 24th day of August 2015.
HEREFORD &
RICCARDI, PLLC
TRUSTEE
By:
Philip B. Hereford,
Member
405 Capitol Street,
Suite 306
Charleston,
West Virginia 25301
Phone:(304) 346-1800
Times: September 8, 15, 2015