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Trustee Sale – Harbert

NOTICE OF TRUSTEE’S SALE
NOTICE OF TRUSTEE’S SALE and Notice of the Beneficiary/Servicer’s election to sell that property secured by that certain Deed of Trust dated June 1, 2007, executed by Mark Harbert and Kelly Harbert to Karen M. Yokum, Trustee, of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Book 897, at Page 257, which Deed of Trust was assigned from Philip Mark Hayes to First National Acceptance Company by Assignment dated June 1, 2010, of record in the Clerk’s Office in Assignment Book 40, at Page 43, and further assigned to Rose Land and Finance Corp. by Assignment dated October 13, 2014, of record in the Clerk’s Office in Assignment Book 48, at Page 112, and further assigned to Rose Land and Finance Corp. by Corrective Assignment dated October 23, 2014, of record in the Clerk’s Office in Assignment Book 48, at Page 172. 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:
TUESDAY, MARCH 12, 2019, AT 11:00 O’CLOCK A.M.
All of the following described tract or parcel of real estate, together with the improvements thereon and the appurtenances thereunto belonging, situate in Wahoo near the Town of Monongah, Lincoln District, Marion County, West Virginia, described as follows:
Beginning at a 5/8 inch iron pin set at the intersection of a 30 foot unnamed street and West Virginia Secondary Route 19/76; thence running with the northern line of said unnamed 30 foot street, S. 71° 51′ 44″ W. 227.46 feet to a 3/4 inch iron pin found in the line of Julia Shaw; thence with two lines of Shaw, N. 08° 51′ 21″ E. 59.87 feet to an iron pin; thence N. 29° 45′ 00″ E. 82.50 feet to a one inch pipe found in the line of Shaw; thence leaving Shaw and running with six lines of Lot A as shown on a map or plat attached to this deed and made part hereof, S. 49° 27′ 44″ E. 47.41 feet to an iron pin; thence N. 36° 41′ 33″ E. 58.00 feet to an iron pin; thence N. 70° 29′ 48″ E. 22.74 feet; thence N. 61° 24′ 10″ E. 56.01 feet to an iron pin; thence N. 56° 34′ 41″ E. 27.34 feet to an iron pin; thence S. 43° 04′ 24″ E. 16.81 feet to an iron pin in the western line of West Virginia Secondary Route 19/76; thence with four lines of the same, S. 27° 17′ 34″ W. 29.59 feet to a point; thence S. 07° 42′ 06″ W. 19.56 feet to a point; thence S. 06° 51′ 12″ E. 66.02 feet to the place of beginning, containing 0.48 acre, more or less, and designated on Lot B of the attached plat.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: 923 Traction Park, Monongah, West Virginia 26554.
And being the same property conveyed unto Mark Harbert and Kelly Harbert by Deed dated May 16, 2007, of record in the Clerk’s Office in Book 1025, at Page 371.
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 money order within thirty (30) days of the date of sale, with a minimum deposit of $3,000.00 payable to the Trustee by cashier’s check, cash or money order at the time and place of the sale.
Given under my hand this 18th day of February 2019.
BAILEY & SLOTNICK, PLLC-TRUSTEE
By: Marc J. Slotnick, Member
500 Virginia Street East, Suite 600
Charleston, West Virginia 25301
Phone: (304) 346-1800
WV State Bar No. 5956
Times: March 4, 11, 2019