TRUSTEE’S SALE
NOTICE OF TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Trustee(s) by that certain Deed of Trust dated May 14, 2007, executed by Borrower(s) to the Trustees, of record in the office of the Clerk of the County Commission of Greenbrier County, West Virginia, in Trust Deed Book 607, at Page 456. Edward D. Knight, III, was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated January 6, 2020, of record in the Clerk’s Office in Substitution of Trustee Book 819 at page 138. 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 Greenbrier County, in Lewisburg, West Virginia, on:
FRIDAY, FEBRUARY 14, 2020
AT 10:00 AM
The property is described as that certain lot, tract or parcel of land together with the buildings and improvements thereon, easements, rights of way, and the appurtenances thereunto belonging, situate in White Sulphur Municipality, formerly White Sulphur District, Greenbrier County, West Virginia, being in the Huddleston Hills Addition to the Town of White Sulphur Springs, in what is known a Rip Van Winkle Hollow, fronting on the west side of Rip Van Winkle Road, being more particularly bounded and described as follows: BEGINNING at a chestnut oak on east side of ridge on south side of a 10 foot right of way over hill and a corner to L.W. Abbott and with said Abbott along side of hill S 2 E 167 feet to a stake in east side of hill, thence down hill N 70-30 E 88 feet to a stake on side hill, thence along side of hill S 10-30 E 100 feet to a stake below a large white oak, thence down hill N 69-45 E 100 feet to a stake one west side of Rip Van Winkle Road, thence along west side of same up hollow N 12-30 W 50 feet, N 8-30 W 50 feet, N 3-30 W 250 feet to a stake on west side of Rip Van Winkle Road and on south side of right of way over hill and with same S 47-30 W 160 feet to the place of BEGINNING, containing one acre, more or less, as shown by survey of Guy R. White, Surveyor. THERE IS EXCEPTED AND RESERVED from this conveyance and from the real estate hereinabove described and conveyed, all of those two certain lots, or parcels of land, which are more particularly described as follows: (1) That certain lot or parcel of land conveyed by deed of Clarence C. Bostic and Eloise B. Bostic, his wife, to Hershal L. Bittinger and Elizabeth Bittinger, his wife dated March 8, 1962 and of record in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia in Deed Book 216 at Page 115 and described as follows: BEGINNING at a fence post on west side of Rip Van Winkle and leaving through Bostic land up hill S 79-20 W 87 feet to a fence post on side of hill, thence along side of Hill N 9 W 48 feet to a stake on 10 feet alley way down hill and with the south side of same N 52 E 110 feet to a stake on south side of N 52 E 110 feet to a stake on south side of said alley way at the Rip Van
Winkle Road, and with same S 25-30 E 15 feet to a fence post; thence S 6 W 77 feet to the BEGINNING, containing 5400 square feet, as surveyed by Guy R. White, Surveyor, on March 2, 1962. (2) That certain lot or parcel of land conveyed by deed of Clarence C. Bostic and Eloise B. Bostic, his wife, to Hector Joseph Gisi and Helen B. Gisi, his wife, dated March 5, 1967 and of record in the aforesaid Clerk’s Office in Deed Book 240 at Page 43 and described therein as follows: BEGINNING at an iron pipe on west side of Rip Van Winkle Road a corner to Eugene Livesay and leaving same up hollow with road N 11-30 E 50 feet to a stake; N 7-30 W 50 feet to a stake; thence N 2-30 W 29 feet to an iron pipe on west side of Rip Van Winkle Road; thence through the Bostic land and up hill S 82-30 W 102 feet to an iron pipe and post on side of hill on line or a corner to Hector Gisi and with same S 9-30 E 100 feet to a post below a large white oak and on line of Eugene Livesay and with same down hill N 70-30 E 100 feet to the place of BEGINNING containing 1/4 acre, more or less. AND BEING same real property conveyed unto Howard C. Koekenberg, II and Linda H. Koekenberg, husband and wife, by deed dated July 21, 1993 from David W. Ridgeway, et ux, and of record in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia in Deed Book 419 at Page 825. And being conveyed unto Howard C. Koekenberg by Linda H. Koekenberg by deed dated April 24, 2007, and of record in the aforesaid clerk’s office in Deed Book 513 at page 237.
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 the equivalent within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale by cashier’s check, cash or the equivalent.
Given under my hand this 13th day of January 2020.
Edward D. Knight, III
State Bar No. 2082
906 Washington Street West
Lewisburg, WV 24901
Phone: (304) 645-2626
(30ja,6fe)