Nicholas

NOTICE OF TRUSTEE’S SALE – William Smith 8/10, 8/17 2t

NOTICE OF TRUSTEE’S SALE

Pursuant to the authority vested in the undersigned J. Patrick Jones, Substitute Trustee by Notice of Substitution of Trustee which notice is of record in the Office of the Clerk of the County of Commission of Nicholas West Virginia, and by Deed of Trust dated January 23, 2013, executed by William Smith to BB&T Collateral Service Corporation, Trustee, which deed of trust is of record in the Office of the Clerk of Nicholas County, West Virginia, in Trust Deed Book 444 at Page 320, the undersigned Substitute Trustee has been requested, in writing, by the beneficiary of said deed of trust to sell the real estate described below, as there has been a default under the terms and conditions of said deed of trust.  Therefore, the undersigned Substitute Trustee will sell the real estate described in the Deed of Trust, at a public auction on August 31, 2017 at 11:30 a.m. to the highest bidder at the front door of the Courthouse of said County of Nicholas, in Nicholas, West Virginia, which real estate is more completely described as follows:

     ALL THAT CERTAIN LOT OR PARCEL OF REAL ESTATE, TOGETHER WITH ANY BUILDING OR IMPROVEMENTS THEREON. LOCATED ON THE SOUTH SIDE OF CHERRY RIVER, IN THE CITY OF RICHWOOD, IN NICHOLAS COUNTY, WEST VIRGINIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:

     BEGINNING AT A STAKE ON THE ORIGINAL LINE OF THE WHOLE TRACT; THENCE WITH WHOLE TRACT, S 48-10 E, 122.00 FEET TO A FENCE POST; THENCE S 32-20 W, 39.20 FEET TO A POST; THENCE N 72-18 W, 104.47 FEET TO A POINT IN DRIVEWAY AND A CORNER TO 20 FOOT STREET RIGHT OF WAY; THENCE N 2-49 E, 22.00 FEET TO A STAKE; THENCE N 72-54 W, 11.50 FEET TO A STAKE CORNER TO STREET RIGHT OF WAY AND VIRGINIA PILLEGGI; THENCE WITH PILLEGGI: N 30-30 E, 69.00 FEET TO THE BEGINNING, CONTAINING 0.179 ACRES OR 7,777 SQUARE FEET, MORE OR LESS.

TERMS OF SALE

1.  Cash in hand paid on the day of sale.

2.  The sale of the property will be made subject to all matters having priority over the deed of trust referred to herein including but not limited to any and all assessments and taxes against said property, all prior liens, encumbrances, lease, restrictions, covenants, conditions, rights of way and easements of any nature whatsoever.

3.   The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code § 11-22-2.

4.  The subject property will be sold in “AS IS” condition.  The Substitute Trustee makes no representations and warranties of any kind or character including, but not limited to, the condition of the real estate or the title to the real estate to be conveyed.

5.  The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.

6.   The Substitute Trustee reserves the right to adjourn the sale, for a time, or from time to time, without further notice by announcement at the time and place of the sale described above.

7.   The beneficiary of the Deed of Trust and holder of the note thereby secured reserves the right to submit a bid for the property at the sale, which bid may be in the form of a credit bid.

8.    Such other terms as may be announced at the time of Sale.

Given under my hand this 2nd day of August, 2017.

J. Patrick Jones, Substitute Trustee

304-529-8560

8/10, 8/17 2t