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 January 27, 2006, executed by the Borrower(s), Beverly J. Staffileno and Robert R. Staffileno, to John J. Pizzuti, the Trustee, of record in the Office of the Clerk of the County Commission of Brooke County, West Virginia, in Book 447, at Page 510. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 1453 Pleasant Ave., Wellsburg, WV 26070. Pill & Pill, PLLC was appointed as Substitute Trustee by an APPOINTMENT OF SUCCESSOR TRUSTEE dated August 10, 2022, of record in the Clerk’s Office in Book 624, at Page 514. The Borrower(s) 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 Brooke County, in Wellsburg, West Virginia, on the following date:
January 19, 2023, at 10:32 a.m.
That certain parcel of land being the south one-half of all that certain parcel of land situate in the Town of Wellsburg, in Brooke County, West Virginia, adjoining and west of the highway now called Pleasant Avenue, being a part of the parcel of land which was conveyed by John Prather to Samuel Jacob. Said parcel of land herein conveyed is described as follows, town: BEGINNING at the northeast corner of the said parcel of land as conveyed by said Prather to said Jacob and corner with lands of Isabella Jacob and her children; thence S. 2° 1/2 West one hundred thirty-two feet to a stake corner to lot of Mrs. Anderson; thence N. 87° 1/2 West with the line of Mrs. Anderson; 144 feet to a stake in what is called Commerce Street; thence N. 2° E. 132 feet to a stake in the line of the lands of said Isabella Jacob and her children; thence with their line, S. 88° E. 134 feet to the beginning; as shown by a survey and plat of the said lands conveyed by said Prather to said Jacob made by G.W. McCord dated on the 20th and 21st days of December, 1882. The said parcel of land herein conveyed being designated on said plat by two lots respectively numbered six and seven (6 and 7).
BEING the same property conveyed to Elizabeth Staffileno (wife of Ralph Staffileno) by B.F. Harden by deed dated May 25, 1937, and recorded in the office of the Clerk of the County Commission of Brooke County, West Virginia, in Deed Book 67, at page 573. The said Elizabeth Staffileno died testate on May 14, 1996, and by the terms of her Last Will and Testament dated March 20, 1985, entered for probate on May 20, 1996, and recorded in the aforesaid Clerk`s office in Will Book 42, at page 499, devised said property to Robert R. Staffileno.
EXCEPTING THEREFROM all that certain parcel of land conveyed to Robert R. Staffileno by Elizabeth Staffileno, et ux., deed dated May 21, 1970, and recorded in the aforesaid Clerk`s office in Deed Book 179, at page 541.
ALSO EXCEPTING THEREFROM all that certain parcel of land conveyed to August Petrella, et ux, by Elizabeth Staffileno, et ux, deed dated June 15, 1937, and recorded in the office of the Clerk of the County Commission of Brooke County, West Virginia, in Deed Book 68, at page 9.
This conveyance is subject to all legal highways or rights of way now in force and effect as to said land or any part thereof.
Being the same property conveyed to Robert R. Staffileno and Beverly J. Staffileno by the Deed dated January 26th, 2005 and recorded in Deed Book 310, at Page 687, in the Office of the Clerk of the County Commission of Brooke 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 Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
[email protected]
BCR 12/16 – 12/23/22 – 01/06 – 01/13/23