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 by that certain Deed of Trust dated February 13, 2007, executed by Shaun N. Walcutt and Rachiel M. Walcutt to Robert M. Steptoe, III, Trustee, of record in the Office of the Clerk of the County Commission of Wood County, West Virginia, in Book 1411, at Page 759. Hereford & Riccardi, PLLC was appointed as Trustee by SUBSTITUTION OF TRUSTEE dated September 21, 2016, of record in the Clerk’s Office in Book 1940, at Page 483. 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, NOVEMBER 22, 2016, AT 11:40 O’CLOCK A.M.
All 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 bounded and described as follows:
BEGINNING at a stake on south side of the road 97 feet east of Charles Posts line, thence S. 11õ W. 130 feet to stake in fence line on east side of road to Charles Ryan and with the fence S. 38 1/4 E. 300 feet to a post, thence S. 45 E. 230 to point in the run, thence N. 81õ E. 90 feet to a post at fence corner and with a fence 3 calls N. 39õ W. 280, N. 32õ W. 193, and N. 30õ W. 155 to south side of road and with S. 86õ W. 58 feet to beginning, and containing 1 2/3 acres more or less.
There is EXCEPTED and here not conveyed: BEGINNING at a point in a private road, said point being 400 feet, more or less, southeasterly from Wolfe Run Road; thence N. 58õ 43′ E. 120 feet to a pipe; thence S. 35õ 04õ E. 278.17 feet to a fence post which is the southeast corner of a 1 2/3 acre tract of land of which this is a part thereof; thence S. 81õ 00õ W. 90 feet to an iron rod; thence N. 45õ 00õ W. 230 feet to a point; thence N. 32õ 48õ W. 20 feet to the place of beginning and containing 0.60 acres, more or less, as shown on that certain plat prepared by Paul E. Marshall, dated October 6, 1976 recorded in Deed Book 677, at page 50.
There is EXCEPTED and here not conveyed: BEGINNING at a rebar found in the southerly line of Wolf Run Road, said rebar being corner to a 45.879 acre tract conveyed to Ralph E. Buchanan of record in Deed Book 1061, at page 258, and corner to tract conveyed to Carl E. Buchanan of record in Deed Book 463, at page 254; thence with the common lines of both Buchanan tracts, S. 31õ 13õ 53õ E. a distance of 155.07 feet to a point in a gravel driveway; thence, S. 33õ 13õ 56õ E. a distance of 193.00 feet to a point; thence S. 50õ 56õ 40õ W. a distance of 20.69 feet to an iron rod found, thence through the aforesaid Carl Buchanan tract, N. 32õ 37õ 33õ W. a distance of 202.52 feet to a capped rebar set; thence, N. 24õ 02õ 59õ W. a distance of 149.48õ to the point of beginning; and containing 0.122 acre as shown on a plat of record in Deed Book 1090, at page 299.
This is the same property conveyed unto Shaun N. Walcutt and Rachiel M. Walcutt by deed dated February 12, 2007, of record in the Clerk’s Office in Book 1109, at Page 405.
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) Real estate taxes due and payable have been paid. All real estate taxes hereafter will be the responsibility of the purchaser.
4) 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.
5) 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.
6) 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.
7) 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. There will be no refund granted of any amount if the third party purchaser elects not to purchase the property for any reason. Minimum acceptable bid will be $15,500.00.
8) For more information on this property, please see listing on the PROPERTIES FOR SALE WEBSITE: http://www. resales.usda.gov/.
Given under my hand this 31st day of October, 2016.
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
Nov 14, 21