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200507874
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200507874
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Last modified
10/17/2011 11:05:21 AM
Creation date
10/28/2005 11:51:36 AM
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DEEDS
Inst Number
200507874
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200507874 <br />(i) The time and place of sale; <br />(ii) The names of the parties to the Credit Line Deed of Trust, Assignment of Rents <br />and Leases, and Security Agreement; <br />(iii) The date of the Credit Line Deed of Trust, Assignment of Rents and Leases, and <br />Security Agreement; <br />(iv) The office and book in which the Credit Line Deed of Trust, Assignment of <br />Rents and Leases, and Security Agreement is recorded; <br />(v) The quantity and legal description of the land or other property or both <br />conveyed by the Credit Line Deed of Trust, Assignment of Rents and Leases, and Security Agreement; and <br />(vi) The terms of sale. <br />Notice to the Borrower hereunder shall be deemed complete when such notice is mailed to the aforesaid address, <br />notwithstanding the fact that such mail may be returned as refused or undeliverable. Notice to a subordinate <br />lienholder who has previously notified Lender by certified mail of the existence of a subordinate lien, shall be <br />deemed complete when such notice is served as provided above by certified mail, return receipt requested, directed <br />to the address of the subordinate lienholder as provided by such subordinate lienholder in the notice of existence of a <br />subordinate lien. In addition to, but not in lieu of, any service of notice required herein, service of such notice may <br />also be made by any other method authorized for the service of original process in the circuit courts of the State of <br />West Virginia or by the West Virginia Rules of Civil Procedure applicable for trial courts of records in the State of <br />West Virginia. Further, any individual who purchases property at a Trustee's sale hereunder is under no duty to <br />ascertain whether notice was given to subordinate lienholders in accordance with the foregoing provisions, and such <br />Tight, title and interest as the purchaser may acquire shall not be affected by defects in such notice or the service <br />thereof, if the purchaser is otherwise a bona fide purchaser for value. <br />(3) As provided in WV Code Section 59 -3 -1 et seq., the publication of notice of the <br />foreclosure sale at public auction, as a Class II legal advertisement, shall involve the following: <br />(i) A Class II legal advertisement shall be published once a week for two <br />successive weeks, in a qualified newspaper published in the county in which the property to be foreclosed <br />upon is located. <br />(ii) A qualified newspaper is any newspaper published in West Virginia that is of <br />regular issue (at least once a week); bears a title or name and consists of not less than four pages without a <br />cover; is a newspaper to which the general public resorts for passing events of a political, religious, <br />commercial and social nature and for current happenings, announcements, miscellaneous reading matters, <br />advertisement and other notices; and has a bona fide, general circulation in the publication area. The <br />newspaper shall be presumptively qualified if it is so designated by the Office of the Secretary of State in <br />its records of qualified newspapers. <br />(iii) There shall be two publications of the legal advertisement of the foreclosure sale <br />at public auction, occurring within a period of 14 consecutive days with at least an interval of 6 full days <br />within such period between the date of the first publication and the date of the second publication. The <br />legal advertisement may not be published on Sunday. <br />(iv) The Trustee shall obtain an affidavit of publication under oath from said <br />newspaper as proof of publication of the legal advertisement of the foreclosure sale at public auction. <br />(4) If any bond is required of the Trustee in connection with the foreclosure sale at public <br />auction, then Lender shall promptly arrange for the posting of said bond at its cost, and shall do so within no less <br />108 <br />
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