Legal
0427 0504
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 14, 2005, executed by Borrower(s), Charles Via Ill, to Heather Haines, the Trustee of record in the office of the Clerk of the County Commission of Tucker County, West Virginia, in Book 209. at Page 7. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 57 Black Bear Woods Resort, Davis, WV 26260. Pill & Pill, PLLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated March 4, 2016, of record in the Clerk’s Office in Book 276, Page 523. 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 Tucker County, in Parsons, West Virginia, on the following date:
May 12th, 2016 at 4:45 P.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 Dry Fork District Tucker County, West Virginia, and being more particularly described as follows:
All that certain tract of parcel of real estate being designated as Unit/Lot 57, Section “C”, Black Bear Woods Resort Development, which said Unit/Lot is more particularly descirbed as follows:
That tract or parcel of land situated in Dry Fork District, Tucker County, West Virginia, approximately 1.5 miles north of the Village of Cortland and approximately 1/2 miles Southeast of the West Virginia Secondary Route 35 (Cortland Road) and is bounded by the lands of Black Bear Woods, Inc. (Deed Book 113, Page 496) on the North, East, South and West and is more particularly described as follows:
Beginning at a set number five reinforcing rod, on the north side of a 20 foot access road which leads to West Virginia Secondary Route 35 (Cortland Road), a new division corner of Black Bear Woods, Inc.’s original tract of 40.70 acres of which this parcel is a part. Said rebar is located South 76 degrees, 36 minutes, 45 seconds East 966.90 feet from a round number five reinforcing rod on the eastern side of West Virginia Secondary Route 35 (Cortland Road), an original corner of said 40.70 acre tract, to Black Bear Woods, Inc.’s 0.571 acre tract which is recorded in Deed Book 117 at page 76 and a corner to Strawide Lanhan’s property which is recorded in Will Book 7 at page 180.
Thence leaving said access road and with new division lines of said 40.70 acre tract North 30 degrees 08 minutes, 15 seconds East 60.00 feet to a set number five reinforcing rod, another new division corner.
Thence South 59 degrees, 51 minutes, 45 seconds East 60.00 feet to a set number five reinforcing rod, another new division corner, Said rebar is located South 56 degrees, 20 minutes, 08 seconds West 1132.30 feet from a found number five reinforcing rod at a fence intersection, an original corner to said 40.70 acre tract, a corner to West Virginia Power & Transmission Company’s property which is recorded in Deed Book 45 at page 91 and in a line of Lot 6 of Black Bear Woods, Inc. Development which is recorded in Deed Book 108 at page 658.
Thence South 30 degrees, 08 minutes, 15 seconds West 60.00 feet to a set number five reinforcing rod on the north side of aforesaid access road, another new division corner.
Thence with the north side of aforesaid access road North 59 degrees, 51 minutes, 45 seconds West 60.00 feet to the beginning, containing 3,600.000 square feet, more or less, as surveyed by Stultz & Associates, Inc., Romney, West Virginia, Charles W.W. Stultz, Professional Engineer as shown on a Revised Plat of Survey of Black Bear Woods Resort Development, recorded in the aforesaid Clerk’s Office in Plat Book 1 at page 321. Said Lot or tract being designated as Unit/Lot 57, Section “C”, Black Bear Woods Resort Development.
AND BEING the same real estate as conveyed unto Charles Via, III by Patrick and Diane Walsh by deed dated November 14, 2005 and to be recorded simultaneously herewith.
Being the same property conveyed to Charles Via III by the Deed dated November 14, 2005 and recorded in Deed Book 185 at Page 537 in the Office of the Clerk of the County Commission of Tucker 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, res-
ervations, 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
Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
[email protected]