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 May 4, 2004, executed by Harry Harris, A.K.A. Harry William Harris, 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 803, at Page 698. Philip B. Hereford was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated May 27, 2010, of record in the Clerk’s Office in Book 979, at Page 860. 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:
All that certain tract or parcel of land, together with the improvements, privileges and appurtenances thereunto belonging, situate in Chatham Hill Addition to the Town of Farmington, Lincoln District, Marion County, West Virginia, and more particularly bounded and described as follows:
Beginning at a large spike found in an unnamed street and being the northeastern corner of lot 109; thence S. 65 deg 39’ 39” E-39.51’ to a gin spike set in said street; thence leaving street, S. 01 deg 23’ 48” E-35.74’ to an iron pin set; thence S. 21 deg 35’ 00” W-30.18’ to an iron pin set; thence S. 68 deg 11’ 10” E-28.80’ to an iron pin set; thence S. 27 deg 58’ 43” W-137.02’ to an iron pin set; thence N. 66 deg 47’ 18” W-67.19’ to a roof bolt found, being the southeastern corner of said lot 109; thence N. 22 deg 06’ 10” E-200.00’ to the point of beginning, being part of lots 111 and 113 of said addition and part of lots 45 and 46 on Marion County tax map 06-13 and containing 0.303 acres more or less, a plat or map of which is attached hereto.
This is the same property conveyed unto Harry W. Harris by deed dated May 29, 2003, of record in the Clerk’s Office in Book 984, at Page 666.
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 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.
405 Capitol Street,
Suite 306
Charleston, West Virginia
WV State Bar No. 1687
(304) 346-1800
Times: March 24, 31, 2015