Tucker

Trustee Sale Rosier

Legal
0914 0921

NOTICE OF TRUSTEE’S 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 29, 2012, executed by Jonathan M. Rosier to Thomas R. Ross, II, Trustee, of record in the Office of the Clerk of the County Commission of Tucker County, West Virginia, in Book 255, at Page 232, which Deed of Trust was assigned by Mortgage Electronic Registration Systems, Inc. to The Huntington National Bank by ASSIGNMENT dated August 20, 2015, of record in the Clerk’s Office in Book 12, at Page 64 7. Hereford & Riccardi, PLLC was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated August 28, 2015, of record in the Clerk’s Office in Book 274, at Page 30. 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 Tucker County, in Parsons, West Virginia, on:
TUESDAY, SEPTEMBER 27, 2016, AT 10:30 O’CLOCK A.M.
All those certain lots or parcels of real estate, together with the buildings, improvements, and appurtenances thereunto belonging, situate in the Village of Bretz, Black Fork District, Tucker County, West Virginia, and more particularly described as follows:
Tract One: A tract of land lying north of the Western Maryland Railroad right of way, adjoining
the lands of G.W. Reed and others, and bounded as follows: Beginning at a beech stump on
a steep bank and running thence with a part of the old Fansler line N. 51 E. 306 1/2 feet to a
stake in the said line; thence with a part of G.W. Reed’s line N. 38 1/4 W. 7 poles and 3 links
to a stake; thence S. 51 W. 332 1/4 feet to a stone on the line of said right of way; thence S.
52 E. 7 poles and 16 links to the beginning, containing 155 {4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c} poles, more or less.
Tract Two: A certain piece of land lying west of the new road in the town of Bretz, and
bounded on the east by said State Road: Beginning at new established corner by said new
road and in said road in the boundary line of the Martha J. Reed two acre tract and running
with new state road N. 132 feet to a new established corner in said road; thence west 16
feet to a new established corner in the said Martha J. Reed line; thence south with said line
129 feet to a corner of the Martha J. Reed two acre tract; thence east 40 feet with said
Martha J. Reed two acre tract line to the new established corner in said new State Road,
the place of beginning. This tract lies and is bounded on the west by David Simmons
property and on the east by the new state road; on the north by Charles H. Reed and on the
south by Iola Simmons.
This is the same property conveyed unto Jonathan M. Rosier by deed dated May 14, 2012, of record in Clerk’s Office in Book 209, at Page 35.
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 I 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 6th day of September, 2016.
HEREFORD & RICCARDI, PLLC-TRUSTEE
By:_________________________________
Philip B. Hereford, Member
405 Capitol Street, Suite 306
Charleston, West Virginia 25301
Phone: (304) 346-1800
WV State Bar No. 1687