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 April 27, 2006, executed by Matthew Towns and Samantha Towns to Jarrod G. Devault, Trustee, of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Book 860, at Page 747, which Deed of Trust was assigned by Mortgage Electronic Registration Systems, Inc. to The Huntington National Bank by ASSIGNMENT dated December 29, 2014, of record in the Clerk’s Office in Book 48, at Page 495. Hereford & Riccardi, PLLC was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated January 16, 2015, of record in the Clerk’s Office in Book 1107, at Page 551. 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:
2:30 O’CLOCK P.M.
All that certain lot or parcel of real estate, together with the improvements thereon and appurtenances thereunto belonging, situate in the unincorporated village of Lincoln Heights, Lincoln District, Marion County, West Virginia, and more particularly bounded and described as follows:
LOT NUMBER ONE THIRTY (130), as designated on a plan of lots named Lincoln Heights as laid out by the Jamison Coal and Coke Company, a corporation, and recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book No. 526, at page 111.
There is further conveyed to the Grantees, all the right, title, and interest of the Grantor in and to all streets, roads, and alleys contained within the boundary of said tract of parcel of land herein above mentioned, subject, however, to the right of the public to travel thereon.
This is the same property conveyed unto Matthew Towns and Samantha Towns by Deed dated April 4, 2006, of record in the Clerk’s Office in Book 1012, at Page 387.
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 percent (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 28th day of January, 2015.
By: Philip B. Hereford,
405 Capitol Street,
Suite 306
West Virginia 25301
Phone: (304) 346-1800
Times: Febraury 11, 18, 2015