NOTICE OF TRUSTEEáS SALE
NOTICE OF TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, Pill & Pill, PLLC, by that certain Deed of Trust dated July 9, 2002, executed by the Borrowers, Brian M. Fox and Michelle L. Fox, to Susan L. Petrella and David G. Palmer, the Trustee(s), of record in the Office of the Clerk of the County Commission of Wood County, West Virginia, in Book 1039, at Page 45, and by Loan Modification Agreement of record in Book 1853, at Page 681. Pill & Pill, PLLC was appointed as Substitute Trustee by a Substitution of Trustee dated March 16, 2015, of record in the Clerk’s Office in Book 1863, at Page 619. The Borrowers defaulted under the Note and Deed of Trust and the Substitute Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute 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 the following date:
October 12, 2016 at 5:36 p.m.
The property is described as of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in Tygart District, Wood County, West Virginia, and being more particularly described as follows:
Situate in the District of Tygart, County of Wood, and the State of West Virginia, more particularly bounded and described as follows, to wit:
BEING all of Lots Nos. thirty-two (32) and thirty-three (33) of Pineview Manor Addition, allotment #2, a plat of which said addition is of record in the Office of the Clerk of the County Commission of Wood County, West Virginia, in Plat Book 3, page 92, which said lots front a total of 93.33 feet on the southwesterly side of Manor Court, and extend back between parallel lines in a southwesterly direction 135 feet.
BEING the same real estate conveyed unto Brian M. Fox and Michelle L. Fox, husband and wife, by a Deed dated June 14, 2002, and to be recorded in the aforesaid Clerkás Office immediately prior hereto.
This conveyance is made subject to all easements, rights of way, restrictions, reservations and protective covenants, including but not limited to all oil, gas and mineral exceptions, reservations and leases, appearing in the chain of title.
Being the same property conveyed to Brian M. Fox and Michelle L. Fox by the Deed dated June 14, 2002 and recorded in Deed Book 1042, at Page 160, in the Office of the Clerk of the County Commission of Wood County, West Virginia.
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 Π11-22-1.
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 said 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 within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale.
Pill & Pill, PLLC,
Substitute Trustee
BY: /s/: Richard A. Pill,
Member
Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
foreclosures@pillwvlaw.com
Sep 21, 28, Oct 5