Legal 3X10-1/2”
0207 0214
Legal Notice
NOTICE OF TRUSTEE’S SALE
NOTICE OF TRUSTEE’S SALE and Notice of the Beneficiary / Servicer’s election to sell property is hereby given pursuant to and by virtue of the authority vested in the Trustee by that certain Deed of Trust dated November 20, 1992, executed by Eleanor M. Davis to William F. Patton, Trustee, of record in the Office of the Clerk of the County Commission of Clay County, West Virginia, in Book 76, at Page 316. Bailey & Slotnick, PLLC and/ or Hereford & Riccardi, PLLC was appointed as Trustee by SUBSTITUTION OF TRUSTEE dated July 26, 2017, of record in the Clerk’s Office in Book 33, at Page 857. The borrower 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 Clay County, in Clay, West Virginia, on:
WEDNESDAY, FEBRUARY 21, 2018, AT 10:00 O’CLOCK A.M.
All that certain tract or parcel of surface land, together with the improvements thereon and the appurtenances thereunto belonging, situate on the waters of North side of Elk River, in Henry District, Clay County, West Virginia, and bounded and described as follows:
BEGINNING at an iron pin set in the eastern right-of-way line of West
Virginia Route 4, being a comer to Virginia Moss property and Lot No. 5;
thence with the line of Route 4 N 16 degrees 09’ W 158.14 feet to an iron pin set in the
common corner of Lots 4 and 5; thence, leaving the right of way line of Route 4 and with
the common line of Lot 4, N 78 degrees 40’ E 174.94 feet to an iron pin set at the edge of
Elk River; thence, with said river, S 25 degrees 40’ E 150.99 feet to an iron pin set, corner
to Virginia Moss property; thence, with the line of Virginia Moss property S 75
degrees 25’ W 199.33 feet to the place of beginning, containing 0.65 acres,
more or less.
At the time of the execution of the Deed of Trust, this property was reported to have an
address of: 8028 Ivydale Road, Ivydale, WV 25113.
BEING that certain real property conveyed by Russell D. Davis, by Eleanor M. Davis, his
Attorney in Fact, and Eleanor M. Davis, his wife, to James Davis and Garnet Davis, his
wife, in that certain deed dated February 11, 1992, and of record in the Office of the Clerk
of the County Commission of Clay County, in Deed Book No. 156, at page 570.
This conveyance is made subject to the same reservations and exceptions set out and
referred to in deeds in the chain of title hereto.
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) Real estate taxes due and payable have been paid. All real estate taxes hereafter will be the responsibility of the purchaser.
4) 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.
5) 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.
6) 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.
7) The total purchase price is payable to the Trustee by cashier’s check, cash or money order within thirty (30) days of the date of sale, with ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the Trustee at sale by cashier’s check, cash or money order at the time and place of the sale. There will be no refund granted of any amount if the third-party purchaser elects not to purchase the property for any reason. Minimum acceptable bid will be $27,000.00.
8) For more information on this property, please see listing on the PROPERTIES FOR SALE WEBSITE: http://www.resales.usda.gov/.
Given under my hand this 29th day of January, 2018.
BAILEY & SLOTNICK, PLLC-TRUSTEE
By: _________________________________
Amy J. Haynie, Member
Bailey & Slotnick, PLLC
500 Virginia Street East, Suite 600
Charleston, West Virginia 25301
Phone: (304) 346-1800
WV State Bar No. 7456