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 February 24, 1997, executed by Borrower(s), Frederick P Thompson and Tina M Thompson, to Arch W. Riley, Jr., the Trustee of record in the office of the Clerk of the County Commission of Brooke County, West Virginia, in Book 313, at Page 183 and re-recorded in Book 324 Page 630. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of RR #1 Box 438b n/k/a 492 Thompson Hill Road, Colliers, WV 26035. Pill & Pill, PLLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated December 6, 2022, of record in the Clerk’s Office in Book 627, Page 539. The borrower(s) defaulted under the Note and Deed of Trust and the Substitute Trustees have been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustees 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 10:36 a.m.
All that certain parcel of land situate in Brooke County, City of Weirton West Virginia and being more particularly described as follows: Beginning at a stone marked with an X at the south east corner of a 6 acre more or less tract of Norma Jean Thompson as on record in the office of the Clerk of the County Court, Brooke County, West Virginia, in Deed Book 712 at page 363; said stone being a corner of the 32.51 acre tract of Hugh Thompson as on record in the Office of the Clerk of the County Court, Brooke County, West Virginia, in Deed Book 153 at page 62 said stone being the corner of a 1.456 acre tract of Klash; thence through the 32.51 acre tract South 5° 25West 15 feet to a point in the center of a 15 foot right of way; thence with the center of said right of way and a slag road South 86° 42 30” East 232.94 feet to a spike in the center of said 15 foot right of way and slag road; thence leaving said slag road and with the center of a 15 foot right of way North 59° 0730” East 61.52 feet to the true place of beginning of the parcel to be described; thence through lands of Hugh Thompson North 2° 20 35” East 199.4 feet to a pin; thence South 88° 2925” East 209.55 feet to a pin; thence South 2° 28 10” West 208.45 feet to a pin; thence North 88° 2805” West 209.09 feet to a pin; thence North 2° 20 35” East 8.96 feet to the place of beginning containing 1 acre more or less. A fifteen foot right of way and easement is hereby granted to the parties of the second part for ingress to and egress from the property herein conveyed to the public road as set out on the plan of survey attached to this Deed and intended to be read as part hereof.
Being the same property conveyed to Frederick P Thompson and Tina M Thompson by the Deed dated May 11, 1994 and recorded in Deed Book 266 at Page 435 in the Office of the Clerk of the County Commission of Brooke County, West Virginia. And being further conveyed to Frederick P Thompson by the Deed dated January 23, 2018 and recorded in Deed Book 381, at Page 143 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:
Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
[email protected]
BCR 12/23/22 – 01/06 – 01/13/23