NOTICE OF TRUSTEE'S 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 December 21, 2011, executed by Borrowers, James W. Belcher and Susan E. Belcher, to Mitchell Lee Klein, the Trustee of record in the office of the Clerk of the County Commission of Cabell County, West Virginia, in Book 2411, at Page 587. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 835 Fudges Creek Rd, Barboursville, WV 25504. Pill & Pill, PLLC was appointed as Substitute Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated March 8, 2016, of record in the Clerk's Office in Book 385, at Page 719. 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 Cabell County, in Huntington, West Virginia, on the following date: May 31, 2016 at 2:20 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 Grant District, Cabell County, West Virginia, and being more particularly described as follows: All those certain lots or parcels of land together with the improvements thereunto belonging, situate in on Fudge's Creek, in Grant District, Cabell County, West Virginia, bounded and described as follows, to-wit: PARCEL ONE BEGINNING at an iron pipe on the south side of Fudge Creek Road right of way near a drain; thence leaving right of way crossing main Fudge Creek and up the hill S. 16 deg. 50' W. 485.27 feet to an iron pipe on the lower side of a flat; thence N. 31 deg. 50' W. 121.50 feet to an iron pin beside of a large oak on the lower side of said flat; thence N. 59 deg. 30' W. 79.85 feet to an iron pipe on the lower side of said flat; thence down the hill N. 14 deg. E. 74.86 feet to a stake in the line of Stephen P. Lawson and Newman W. Mitchell line; thence N. 56 deg. 45' E. 258 feet with the Lawson line to a stake; thence N. 0 deg. 15' W. 100 feet crossing said creek to a stake in said road right of way; and thence with right of way S. 86 deg. 00' E. 38.70 feet to the place of BEGINNING, containing 0.95 acre or 41,358.75 square feet, more or less. PARCEL TWO BEGINNING at a concrete monument 5 feet from concrete culvert on south right of way line of Fudges Creek Road, which bears N. 14 deg. E. 5 feet from a X cut on culvert; thence crossing said creek, running up hill, S. 14 deg. W. 248 feet to a concrete monument in Wilson Mitchell's line; thence running down the hill with Mitchell's line N. 56 deg. 45' E. 258 feet to a concrete monument; thence N. 0 deg. 15' W. 100 feet to a concrete monument in south right of way line of Fudge Creek Road; thence leaving Mitchell's line, N. 89 deg. W. 152 feet to the BEGINNING, containing 13,000 sq. ft., more or less. A survey made by Vermal L. Bias, L.L.S. 335, dated March 29, 1980, shown the above described property to contain 29,189.50 square feet or 0.67 acre, more or less. PARCEL THREE All of that certain tract, parcel or lot of land situate on the waters of Fudge Creek, a tributary of Mud River, three miles South of U. S. Route 60, on the south side of Fudge Creek, in Grant District, Cabell County, West Virginia bounded and described as follows: BEGINNING on set iron pin on east side of Michael McCallister's 1.62 acre lot, witness 48 feet south of Fudge Creek Road Route 29, south right of way, and on north edge of Fudge Creek; thence S. 51 deg. 45' E. 130 feet with north side of Fudge Creek to set iron pin subdividing Mitchell property; thence S. 18 deg. E. 437.27 feet subdividing Lovena Z. Mitchell property to point on hillside; thence N. 51 deg. 45' W. 130 feet subdividing Mitchell property to found iron pin, an east line of McCallister, thence N. 18 deg. E. 437.27 feet with east line of Michael McCallister to the point of beginning, containing 1-1/4 acres more or less. For a more particular description, reference is hereby made to that certain plat prepared by Dallas L. Lovejoy, LLS #193, dated April 5, 1985, recorded with the deed in deed book 862, at page 13. LSOT SEE DEED BOOK 1040, AT PAGE 531. BELCHER-MET10 11-0366 Lw Being the same property conveyed to James W. Belcher and Susan E. Belcher by the Deed dated September 9, 2011 and recorded in Deed Book 1246, at Page 573 in the Office of the Clerk of the County Commission of Cabell County, West Virginia. 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 11-22-1. 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: Richard A. Pill, Member Pill & Pill, PLLC 85 Aikens Center Edwin Miller Blvd P.O. Box 440 Martinsburg, WV 25402 (304) 263-4971 foreclosures@ pillwvlaw.com LH-42475 5-10,17,24; 2016
↧