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, 2006, executed by the Borrowers, Garrick K. Sturm and Tracy L. Sturm, to Janet Phillips, the Trustee, of record in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Book 1314, at Page 633. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 103 N. 18th Street, Wheeling, WV 26003. Pill & Pill, PLLC was appointed as Substitute Trustee by a Substitution of Trustee dated August 22, 2016, of record in the Clerk’s Office in Book 1531, at Page 266. 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 Ohio County, in Wheeling, West Virginia, on the following date:
November 9, 2016
at 11:30 a.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 Wheeling District, Ohio County, West Virginia, and being more particularly described as follows:
THE FOLLOWING DESCRIBED REAL ESTATE: ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN WHEELING, RICHLAND (WARWOOD) DISTRICT, OHIO COUNTY, WEST VIRGINIA, SHOWN AND DEFINED AS LOT NUMBERED TWO HUNDRED SEVENTY – FIVE (275) ON THE PLAT OF WARWOOD, WHICH PLAT IS RECORDED IN THE OFFICE OF THE CLERK OF THE COUNTY COURT OF OHIO COUNTY, WEST VIRGINIA, IN PLAT BOOK 1, AT PAGE 106. SAID LOT FRONTS THIRTY (30) FEET ON THE NORTH SIDE OF EIGHTEENTH STREET (FORMERLY FAIRFIELD AVENUE) AND EXTENDS NORTHWARDLY OF EVEN WIDTH OF SAID FRONTAGE ONE HUNDRED TWENTY (120) FEET TO THE SOUTH LINE OF LINDEN LANE. ALSO THE FOLLOWING DESCRIBED PART OF LOT NUMBERED TWO HUNDRED SEVENTY-SIX (276), THAT IS TO SAY: BEGINNING IN THE SOUTHWEST CORNER OF SAID LOT, THENCE EASTWARDLY BINDING ON THE NORTH LINE OF EIGHTEENTH STREET THREE (3) FEET; THENCE NORTHWARDLY PARALLEL WITH THE WEST LINE OF SAID LOT FORTY-FIVE (45) FEET; THENCE WESTWARDLY PARALLEL WITH THE NORTH LINE OF EIGHTEENTH STREET THREE (3) FEET TO THE WEST LINE OF SAID LOT; THENCE SOUTHWARDLY BINDING ON THE LAST NAMED WEST LINE FORTY-FIVE (45) FEET TO THE PLACE OF BEGINNING. SAID PART OF LOT NUMBERED TWO HUNDRED SEVENTY-SIX (276) ADJOINS THE EASTERLY LINE OF SAID NUMBERED TWO HUNDRED SEVENTY- FIVE (275). MAP W8; PARCEL 134.
BEING THE SAME PROPERT’Y CONVEYED BY FEE SIMPLE DEED FROM MARY KAY FITZSIMMONS and DAVID H FITZSIMMONS TO GARRICK K STURM and TRACY L STURM HUSBAND AND WIFE JOINT TENANTS, DATED 08/28/1996 RECORDED ON 08/29/1996 IN BOOK 694, PAGE 155 IN OHIO COUNTY RECORDS, STATE OF WV.
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 Section 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: Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
foreclosures@
pillwvlaw.com
N.R. Oct. 19, 26. Nov. 2, 2016
235844