Trustee Sale CARR

NOTICE IS HEREBY given to you that pursuant to the authority vested in the undersigned Trustee, Pat A. Nichols, and pursuant to that certain Deed of Trust executed by Albert J. Pityo to secure Orville L. Carr and/or Evelyn J. Carr in the payment and performance of certain obligations set forth therein which Deed of Trust bears date of September 1, 2004, and which Deed of Trust is of record in the Office of the Clerk of the County Commission, Tucker County, in Deed of Trust Book No. 195 at page 526, and, whereas, such Deed of Trust and Promissory Note have been assigned to Timberline Landscape Care, LLC, a West Virginia Limited Liability Company, by Assignment dated July 24, 2015, and of record in the Office of the Clerk of the Tucker County Commission in Assignment Book 12 at page 631 and default having been made under the aforementioned Deed of Trust and Promissory Note and the undersigned Trustee having been instructed in writing by the secured party to foreclose thereunto and the maker of said note and obligation has failed to pay the same as provided under the said Deed of Trust and Note, and the holder of said Deed of Trust and Note having declared the whole of said indebtedness to be due and payable and to make sale of the said real estate, located in Thomas Corporation, Tucker County, West Virginia and described in said Deed of Trust, I , PAT A. NICHOLS, TRUSTEE, SHALL OFFER FOR SALE AT PUBLIC AUCTION AT THE FRONT DOOR OF THE TUCKER COUNTY COURTHOUSE, CITY OF PARSONS, TUCKER COUNTY, WEST VIRGINIA ON:
November 6, 2015
10:00 A.M.
All that certain parcel of land situate in Thomas Corporation, Tucker County, West Virginia, being more particularly bounded and described as follows:
All of Lot No. 666, as shown and described upon a plat of the said City of Thomas,
Tucker County, West Virginia, which plat is of record in the Office of the Clerk of the
County Commission, Tucker County, West Virginia, in Deed Book No. 59 at page
119. Being the same real estate conveyed unto Albert J. Pityo by deed of Orville L.
Carr and Evelyn J. Carr, husband and wife, bearing date of September 1, 2004, and
recorded in the Office of the Clerk of the County Commission,Tucker County, West
Virginia in Deed Book 179 at page 557. Map Book 1, Parcel 0032.0000.
This parcel of real estate will be sold in its present (AS IS) condition and the Trustee shall be under no duty to cause any existing tenants and/or persons occupying the said real estate to vacate the real estate. Any personal property remaining on the real estate, after the sale, will be disposed of and considered abandoned. The physical address of this real estate is 161 Douglas Road, Thomas, West Virginia 26292.
1. Cash in hand on day of sale or 10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c} of the purchase price by certified check or by a letter of credit from a leading institution on day of sale delivered to the Trustee.
2. The above-described real estate will be sold subject to all prior liens senior in priority to the Deed of Trust, if applicable, described above, all unpaid real estate taxes or encumbrances and claims in favor of any municipality or government entity, or other party, if any, and also further subject to any covenants, restrictions, conditions, reservations, rights of way and easements recorded in the aforesaid Clerk’s Office prior to the Deed of Trust and affecting the subject real estate as well as any prescriptive easements if any that may exist. The successful bidder shall pay all transfer stamps and recording fees, and shall have twenty (20) days to close the transaction after the public sale.
3. The above described real estate will be sold by the undersigned Substitute Trustee by auction to the highest bidder subject to the right of the undersigned Substitute Trustee to reject any and all bids if, in his opinion, said bids are inadequate.
4. The owner of the indebtedness secured by the Deed of Trust shall have the right to bid at the sale; and
5. The sale shall be without representation or warranty of any kind, express or implied.
The undersigned Trustee reserves the right to continue the sale or to adjourn the sale for a time or from time to time without further notice other than oral public announcement at the time and place of sale as hereinabove set forth or at any continuance or adjournment thereof.
The Sale shall be made WITHOUT WARRANTY OF TITLE.
Any questions regarding the Public Sale should be directed to the undersigned Trustee:
Pat A. Nichols
Attorney at Law
P.O. Box 201
Parsons, West Virginia 26287
(304) 478-2127 – telephone
(304) 478-2128 – fax
Email: patanichols@frontiernet.net
Given under my hand this the 23rd day of October, 2015.