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 22, 2019, executed by Borrower(s), Stephen M. Yanda and Virginia A. Yanda, to Marc J. Slotnick, the Trustee, of record in the Office of the Clerk of the County Commission of Brooke County, West Virginia, in Book 580, at Page 663. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 1157 Main St., Follansbee, WV 26037. Pill & Pill, PLLC was appointed as Substitute Trustee by an APPOINTMENT OF SUBSTITUTE TRUSTEE dated March 23, 2023, of record in the Clerk’s Office in Book 629, at Page 711. 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:
May 16, 2023, at 9:00 a.m.
All those certain lots or parcels of land, situate in the City of Follansbee, District of Cross Creek [now Follansbee], County of Brooke and State of West Virginia, known and designated as Lots No. Ten (10) and Eleven (11) of the Ninth Addition Plan of Follansbee, as shown by plan now of record in the Office of the Clerk of the County Court of Brooke County, West Virginia, in Deed Book No. 36, at Page 33.
Excepting from said conveyance south forty (40) feet of Lot Eleven (11) of said addition, which was conveyed by Alfred W. May and Maude D. May, his wife to Edward M. Dunlevy and Loretta P. Dunlevy, his wife, by Deed dated the 13th day of March, 1916, and of record in the aforesaid Clerk`s Office in Deed Book No. 45, at Page 161.
Being the same property conveyed to Stephen M. Yanda and Virginia A. Yanda by the Deed dated February 22, 2019 and recorded in Deed Book 388, at Page 593, 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 04/21 – 04/28 – 05/05/23