NOTICE OF TRUSTEEáS 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 by that certain Credit Line Deed of Trust dated July 9, 2008, executed by Joshua Florence Rebecca Florence to Rickie E. Rice, Trustee, of record in the Office of the Clerk of the County Commission of Wood County, West Virginia, in Book 1502, at Page 589. Bailey & Slotnick, PLLC was appointed as Trustee by SUBSTITUTION OF TRUSTEE dated December 18, 2017, of record in the Clerk’s Office in Book 2002, at Page 499. 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 Wood County, in Parkersburg, West Virginia, on:
TUESDAY, FEBRUARY 13, 2018, AT 10:30 O’CLOCK A.M.
All that certain lot or parcel of land together with the improvements thereon and the appurtenance thereunto belonging, situate in Lubeck District, Wood County, West Virginia, and more particularly bounded and described as follows, to wit:
BEING all of Lot No. 68, as shown on the plat of Tarrytowne, of record in the Office of the Clerk of the County Commission of Wood County, West Virginia, in Plat Book 17, at page 28, to which said plat reference is hereby made for a more particular description of the aforesaid lot.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: 254 Suzanne Street, Washington, WV 26181.
This property is subject to utility rights of way of record, reservations of mineral rights as set forth in prior deeds of record, restrictive covenants which are set forth more particularly in Plat Book 17, at page 28, recorded as aforesaid, and to that certain Declaration of Covenants and Restrictions dated June 17, 1978, which is of record in the aforesaid Clerkás Office in Deed Book 710, at page 259.
There is also excepted a right of way 5 feet in width which runs along the northerly line of said lot from Suzanne Street to the rear of the aforesaid real estate, together with the developerás right of ingress and egress for the repair, maintenance and replacement of the storm sewer within said right of way.
BEING the same real estate conveyed unto Joshua Florence and Rebecca Florence, husband and wife, by a Deed dated July 7, 2008, of record in the Clerk’s Office in Book 1130, at Page 176.
TERMS OF SALE:
1) The property will be conveyed in an âAS ISã 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 Clerkás 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 Œ 11-22-2.
3) Real estate taxes due and payable have been paid. All real estate taxes hereafter will be the responsibility of the purchaser.
4) The Beneficiary and/or the Services of the Deed of Trust and Note reserve the right to submit a bid for the property at sale.
5) 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.
6) 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.
7) 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%) of the total purchase price payable to the Trustee at sale by cashier’s check, cash or money order. There will be no refund granted of any amount if the third party purchaser elects not to purchase the property for any reason. Minimum acceptable bid will be $53,500.00.
8) For more information on this property, please see listing on the PROPERTIES FOR SALE WEBSITE: http://www.resales.usda.gov/.
Given under my hand this 22nd day of January, 2018.
BAILEY & SLOTNICK,
PPLC-TRUSTEE
By: Amy J. Haynie, Member
Bailey & Slotnick, PLLC
500 Virginia Street East,
Suite 600
Charleston, West Virginia 25301
Phone: (304) 346-1800
WV State Bar No. 7456
Feb 5, 12