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 September 23, 2019, executed by Borrower, Alicia M Smith, to Teays Valley Trustee, LLC, the Trustee of record in the office of the Clerk of the County Commission of Brooke County, West Virginia, in Book 587, at Page 357. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 330 Peacock Ln, Follansbee, WV 26037. Pill & Pill, PLLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated May 13, 2022, of record in the Clerk’s Office in Book 621, Page 537. 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:
2nd day of May 2025 at 10:17a.m.
The Land referred to herein below is situated in the County of BROOKE, State of WV, and is described as follows: All that certain lot or parcel of land known and designated as Lots Nos. Six and Seven (6 and 7) as shown on the Revised Plat of Jessee L. Niday property, which said plat is of record in the Office of the Clerk of the County Court of Brooke County, West Virginia, in Deed Book No. 145, Page 206, situated in Cross Creek District, Brooke County, West Virginia, and more particularly bounded and described as follows, to wit: Beginning at a point in the center of a 15 foot right-of-way and the corner to lands of Niday, Barth, and lands now or formerly belonging to the Pittsburgh-West Virginia Coal Company; thence from said place of beginning south 14 deg. 07 min. West 381.30 feet; thence North 62 deg. 41 min. West 225.0 feet to the true place of beginning of the tract to be conveyed; thence from said true place of beginning, North 62 deg. 41 min. West 155.81 feet; thence North 14 deg. 07 min. East 186.75 feet; thence South 62 deg. 41 min. East 175.00 feet to the West line of Peacock Lane; thence with the West line of Peacock Lane, South 14 deg. 07 min. West 118.80 feet; thence South 59 deg. 07 min West 25.91 feet; thence South 14 deg. 07 min West 50.00 feet to the place of beginning and containing 0.704 acres, according to a survey made by Julius A. Pizzoferrato, Registered Surveyor, on the 18th day of February, 1964. Being the same property as conveyed from Sara A. Tesmer, formerly known as Sara A. Tennant, and David A. Tesmer, her husband to Alicia M. Smith as set forth in Deed Book 309 Page 435 dated 08/25/2004, recorded 09/16/2004, 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
Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
[email protected]
BCR 04/18 – 04/25/25