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(s) by that certain Deed of Trust dated July 25, 2014, executed by Shane M. Hamrick and Jessica R. Hamrick to Gerald M. Titus, Jr., Trustee, of record in the Office of the Clerk of the County Commission of Wood County, West Virginia, in Book 1829, at Page 703, which Deed of Trust was assigned by Mortgage Electronic Registration Systems, Inc. to The Huntington National Bank by ASSIGNMENT dated January 17, 2017, of record in the Clerk’s Office in Book 1955, at Page 439. Hereford & Riccardi, PLLC was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated January 19, 2017, of record in the Clerk’s Office in Book 1955, at Page 805. 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 14, 2017, AT 10:30 O’CLOCK A.M.
All that certain lot or parcel of land, together with the improvements thereon and appurtenances thereunto belonging, situate in Lubeck District, Wood County, West Virginia, and more particularly bounded and described as follows:
BEGINNING at a common corner of lot numbers 37 and 36 of Meldahl Place Subdivision, Phase IV, a plat of which is of record in the Office of the Clerk of the County Commission of Wood County, West Virginia, in Plat Book 25, at Page 61, said point lying in the Northerly line of Sycamore Drive as shown on said plat; thence leaving said road North 23õ14’ 02ã West with lots 37 and 36 passing over an iron rod set at 50 feet for a total distance of 228.94 feet to an iron rod found; thence North 62õ 21’ 10ã East for a distance of 86.27 feet to an iron rod found common corner to said lot 37 and lot number 38; thence with the common line of said lot 37 and 38 South 28õ 09’ 56ã East passing over the Northerly line of a 20-foot right of way at 171.05 feet and an iron rod set at 176.05 feet for a total distance of 216.05 feet to a point lying in the Westerly line of above-mentioned Sycamore Drive; thence with said Sycamore Drive South 55õ46’ 07ã West for a distance of 106.54 feet to the point of beginning, containing a total area of 0.49 acres, and being all of Lot Number 37 of Meldahl Place Subdivision, Phase IV.
There is further granted and conveyed all non-exclusive rights of ingress and egress over Sycamore Drive as more particularly shown on the plat above referenced, and specifically there is granted and conveyed a joint use non-exclusive right of way for ingress and egress to the subject lot from Sycamore Drive as shown on the aforesaid Plat.
There is EXCEPTED and RESERVED from the operation of this conveyance an undivided one-half (1/2) interest in the oil, gas and minerals underlying said tracts.
This conveyance is further made subject to the restrictions of Meldahl Place Subdivision, Phase IV of record in the aforesaid Clerk’s Office in Book 1132, at Page 366.
This is the same property conveyed unto Shane M. Hamrick by deed dated July 15, 2014, of record in Clerk’s Office in Book 1829, at Page 703.
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 Π11-22-2.
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 percent (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 24th day of January, 2017.
HEREFORD & RICCARDI, PLLC-TRUSTEE
By: Philip B. Hereford, Member
Hereford & Riccardi, PLLC
405 Capitol Street, Suite 306
Charleston, West Virginia 25301
Phone: (304) 346-1800
WV State Bar No. 1687
Feb 8, 13