• NOTICE OF TRUSTEE'S SALE NOT...

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 13, 2006, executed by the Borrower, Carmela R. Giorcelli, to Robert L. Shuman, the Trustee, of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Book 857, at Page 341. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 1403 Speedway Ave., Fairmont, WV 26554. Pill & Pill, PLLC was appointed as Substitute Trustee by an APPOINTMENT OF SUCCESSOR TRUSTEE dated August 30, 2017, of record in the Clerk’s Office in Book 1178, at Page 1043. The Borrower 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 Marion County, in Fairmont, West Virginia, on the following date:

December 20, 2017 at 3:00 p.m.

The property is described as of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in Winfield District, Marion County, West Virginia, and being more particularly described as follows:

ALL OF THE FOLLOWING LOTS OR PARCELS OF REAL ESTATE SITUATE IN THE CITY OF FAIRMONT, IN WINFIELD DISTRICT (ERRONEOUSLY STATED AS UNION DISTRICT IN PRIOR DEEDS), MARION COUNTY, WEST VIRGINIA, IN WHAT IS KNOWN AS SECTION NO. TWO (2) OF MONONGAHELA INDUSTRIAL ADDITION TO SAID CITY OF FAIRMONT, A MAP OR PLAT OF WHICH SAID ADDITION IS OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF MARION COUNTY, WEST VIRGINIA, IN DEED BOOK NO. 209, AT PAGE 32, THAT IS TO SAY:

FIRST PARCEL: A PART OF LOTS NUMBERED RESPECTIVELY, 73 AND 74 IN SAID SECTION NO. 2, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:

BEGINNING AT A STAKE IN THE SOUTHEASTERLY LINE OF THE SPEEDWAY A CORNER TO LAND RECENTLY CONVEYED BY SAID FAIRMONT LAND COMPANY TO RUSSELL NICHOLS AND JAMES E. PATTERSON, AND RUNNING THENCE WITH THE NORTHEAST AND LINE OF SAID NICHOLS-PATTERSON LAND S. 48 DEGREES 06 MINUTES E. 90 FEET TO THE NORTHEAST CORNER OF THE NICHOLS-PATTERSON PARCEL; THENCE LEAVING SAME, AND RUNNING PARALLEL WITH SAID SPEEDWAY LINE, N. 41 DEGREES 54 MINUTES E., A DISTANCE OF 40 FEET TO A POINT IN LOT NO. 74; THENCE RUNNING PARALLEL WITH THE NORTHEASTERLY LINE OF SAID LOT NO. 74, AND 10 FEET DISTANCE THEREFROM, 90 FEET TO SAID SPEEDWAY LINE AND THENCE WITH SAME S. 41 DEGREES 54 MINUTES W 40 FEET TO THE PLACE OF BEGINNING.

SECOND PARCEL: A PART OF LOT NUMBERED 74 IN SAID SECTION 2, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT IN THE SOUTHEAST LINE OF THE SPEEDWAY, AND CORNER TO ABOVE DESCRIBED FIRST PARCEL, AND RUNNING THENCE WITH THE SOUTHEASTERLY LINE OF SAID FIRST PARCEL S. 48 DEGREES 06 MINUTES E., A DISTANCE OF 90 FEET TO THE SOUTHEAST CORNER OF SAID FIRST PARCEL; THENCE LEAVING SAME, AND RUNNING N. 41 DEGREES 54 MINUTES E., 5 FEET TO A POINT; THENCE N. 48 DEGREES 06 MINUTES W. 90 FEET TO SAID SPEEDWAY LINE, AND THENCE WITH SAME S. 41 DEGREES 54 MINUTES W. 5 FEET TO THE PLACE OF BEGINNING.

THIRD PARCEL: A PART OF LOTS NUMBERED RESPECTIVELY 74 AND 75 IN SAID SECTION 2, THE TOTAL FRONTING 45 FEET ON THE SOUTHEAST SIDE OF THE SPEEDWAY AND EXTENDING UP IN THE HILL IN A SOUTHEASTERLY DIRECTION BETWEEN PARALLEL LINES A DISTANCE OF 90 FEET AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT IN THE SOUTHEASTERLY LINE OF SPEEDWAY, A CORNER OF ELLIS F. SEASE AND RUNNING THENCE WITH SAID SEASE LINE S. 48 DEGREES 06 MINUTES E. 90 FEET TO A POINT: THENCE LEAVING SAID SEASE LINE AND RUNNING N. 41 DEGREES 54 MINUTES E. 45 FEET TO A POINT IN THE LINE BETWEEN LOTS 75 AND 76, OF SAID SECTION 2; THENCE WITH SAID LOT LINE N. 48 DEGREES 06 MINUTES W. 90 FEET TO SAID SPEEDWAY LINE, AND WITH SAME S. 41 DEGREES 54 MINUTES W. 45 FEET TO THE PLACE OF BEGINNING.

FOURTH PARCEL: PARTS OF LOTS NUMBERED RESPECTIVELY SEVENTY-FOUR (74), SEVENTY-FIVE (75), IN SAID SECTION 2, BEING ALL OF THE REAR PORTION OF THE SAID LOTS, THE WHOLE OF THE TRACT OF LAND HEREBY CONVEYED, BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE NORTHERN LINE OF LONG ALLEY AND COMMON CORNER TO LOT NO. 76 AND LOT NO. 75; THENCE PROCEEDING WITH THE SOUTHERN LINE OF LOT NO. 75 AND LOT NO. 74, S. 41 DEGREES 54 MINUTES W., A DISTANCE OF 80 FEET TO A POINT IN THE NORTHERN LINE OF SAID LONG ALLEY AND COMMON CORNER TO LOT NO. 74 AND LOT NO. 73; THENCE WITH THE DIVISION LINE OF SAID LOT NO. 74 AND LOT NO. 73, N. 48 DEGREES 06 MINUTES W., A DISTANCE OF 47.5 FEET TO A POINT IN LINE OF FIRST PARCEL; THENCE N. 41 DEGREES 54 MINUTES E., A DISTANCE OF 80 FEET TO POINT IN LINE OF THIRD PARCEL AND THE DIVISION LINE OF LOTS NOS. 76 AND 75; THENCE PROCEEDING IN A SOUTHERLY DIRECTION ALONG SAID DIVISION LINE S. 48 DEGREES 06 MINUTES E., A DISTANCE OF 47.5 FEET TO THE PLACE OF BEGINNING.

FOR INFORMATIONAL PURPOSES ONLY; THE APN IS SHOWN BY THE COUNTY ASSESSOR AS 06-8-53; SOURCE OF TITLE IS BOOK 979, PAGE 268 (RECORDED 09/25/02)

Being the same property conveyed to Carmela Rose Giorcelli by the Deed dated January 23, 2006 and recorded in Deed Book 1010, at Page 429, in the Office of the Clerk of the County Commission of Marion 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

foreclosures@pillwvlaw.com
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PostedNovember 29, 2017