NOTICE OF TRUSTEE'S SALE NOTICE OF TRUSTEE'S SALE is hereby given pursuant to and by virtue of the authority vested in the Trustee(s) by that certain Deed of Trust dated April 19, 2006, executed by Larry K. Watts and Lori L. Watts to John R. Stopa, Trustee, of record in the office of the Clerk of the County Commission of Wayne County, West Virginia, in Book 632, at Page 429, which Deed of Trust was assigned by Mortgage Electronic Registration Systems, Inc. to The Huntington National Bank by ASSIGNMENT dated June 1, 2017, of record in the Clerk's Office in Book 42, at Page 171. Hereford & Riccardi, PLLC was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated June 6, 2017, of record in the Clerk's Office in Book 787, at Page 697. The borrowers defaulted under the Note and Deed of Trust and the Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Trustee will sell the following described property to the highest bidder at the front door of the Courthouse of Wayne County, in Wayne, West Virginia, on: THURSDAY, JULY 6, 2017, AT 9:10 A.M. The property is described as all that certain tract, piece or parcel of real property, together with the improvements thereon and the appurtenances thereunto belonging, situate off Ridgeview Road, Union District, Wayne County, West Virginia, and being more particularly described as follows: BEGINNING at an iron pin from said iron pin, it is N. 47 54' E. 386.73 feet to the southwest corner of Duncan (DB 463, PG 329); thence from said beginning S. 73 04' E. 130.00 feet to an iron pin, thence S. 25 49' W. 125.00 feet to a point; thence N. 73 04' W. 400.00 feet to a point; thence N. 25 49' E. 125.00 feet to an iron pipe; thence S. 73 04' E. 400.00 feet to the place of beginning, containing ONE and FOURTEEN ONE-HUNDRETHS (1.14) ACRES, more or less. Being the same property conveyed unto Larry K. Watts and Lori L. Watts by Deed dated March 23, 2006, of record in the Clerk's Office in Book 644, at Page 792. This conveyance is made subject to, however, to the following restrictive covenants: (1) The property hereby conveyed cannot be re-subdivided, and shall not be used for any other purpose than single family residence, and the necessary outbuilding pertaining thereto. No building or other structure shall be erected, altered, remodeled or used for any purpose except to single family dwelling. (2) No structure of a temporary character, trailer, mobile home, tent, garage, basement or outbuilding shall be used at any time as a dwelling. (3) The property hereby conveyed shall be at all times kept free from trash and cut brush. (4) No sewage disposal system, septic tank, filter or thing of like purpose shall be constructed on said property which does not meet the requirements of the West Virginia State Board of Health and the Wayne County Health Department. (5) These covenants shall run with the land, and shall be binding upon the parties hereto, their heirs, the distributees, successors and assigns. 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 11-22-2. 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 the 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 by cashier's check, cash or the equivalent within thirty (30) days of the date of sale, with ten percent (10%) of the total purchase price payable to the Trustee at sale by cashier's check, cash or the equivalent. Given under my hand this 14th day of June, 2017. HEREFORD & RICCARDI, PLLC TRUSTEE By: Philip B. Hereford, Member Hereford & Riccardi, PLLC 405 Capitol Street, Suite 306 Charleston, West Virginia 25301 Phone: (304) 346-1800 WV State Bar No. 1687 LH-53452 6-28;7-5; 2017
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