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 June 9, 1998, executed by the Borrower, John Minor Byrd, to J. Fred Early, the Trustee, of record in the Office of the Clerk of the County Commission of Wood County, West Virginia, in Book 780, at Page 360. Pill & Pill, PLLC was appointed as Substitute Trustee by an APPOINTMENT OF SUCCESSOR TRUSTEE dated May 20, 2016, of record in the Clerk’s Office in Book 1956, at Page 590. The Borrower 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:
March 29, 2017 at 5:28 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 Steele District, Wood County, West Virginia, and being more particularly described as follows:
All that certain lot, tract or parcel of land, situate, lying and being in the District of Steele, County of Wood, and State of West Virginia, more particularly bounded and described as follows:
BEGINNING at a large white oak, well marked in the Amos line and also being a corner to Hans Morgan; thence four lines with Hans Morgan N. 20õ 30á E. 253.75 feet to a Hickory; thence N. 3õ 15á E. 72 feet to an iron pin on south side of a 15 foot wide drive; thence with same S. 80õ 15á E. 71 feet and 10 inches to an iron pin corner to said Hans Morgan at the westerly right of way of U. S. 21; thence with same N. 3õ 15á E. fifteen feet to an iron post set by State Road Commission at right of way of I-77; thence three lines with said I-77, the first two lines are fenced; N. 80õ 15á W. 154.5 feet to an iron post; S. 57õ 30á W. 86.5 feet to iron post; S. 34 W. 279 feet to stake in the Amos line; thence with same S. 77õ 45á E. 226.5 feet to the place of beginning, containing one and thirty hundredths (1.30) acre, more or less.
Being the same property conveyed to John Minor Byrd and Jeffrey DeWayne Byrd by the Deed dated April 16, 2001 and recorded in Deed Book 1024, at Page 617, in the Office of the Clerk of the County Commission of Wood County, West Virginia. And further being the same property conveyed by John Minor Byrd and Jeffrey DeWayne Byrd to Jeffrey DeWayne Byrd, with John Minor Byrd reserving a life estate unto himself, by the Deed dated June 30, 2003 and recorded in the aforesaid Clerk’s Office in Deed Book 1054, at Page 844. The said John Minor Byrd departed this life on or about April 26, 2014, thereby terminating said life estate.
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 11-22-1.
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
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25404
Phone (304) 263-4971
foreclosures@pillwvlaw.com
Mar 8, 15, 22