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, WV Trustee Services, LLC, by that certain Deed of Trust dated April 10, 2018, executed by Borrower, Fabian L Simmons Jr, to Douglas McElwee, the Trustee of record in the office of the Clerk of the County Commission of Raleigh County, West Virginia, in Book 5067, at Page 4371. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 114 Cranston St, Beckley, WV 25801. WV Trustee Services, LLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated May 6, 2022, of record in the Clerk’s Office in Book 5076, Page 3921. The borrower defaulted under the Note and Deed of Trust and the Substitute Trustees have been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustees will sell the following described property to the highest bidder at the front door of the Courthouse of Raleigh County, in Beckley, West Virginia, on the following date:
6th day of July, 2022
at 11:30 a.m.
Land situated in the County of Raleigh in the State of WV
A parcel or lot of land situate at Cranberry, Town District of Raleigh County, West Virginia, known and designated as Lot No. 133, containing 0.22 acres, more or less, in that certain Plan of Lots Titled “Map No. 1 Showing the New River Company`s Cranberry Subdivision, Raleigh County, West Virginia” dated December 8, 1952, a blueprint of the said map being of record in the Office of the Clerk of the County Court of Raleigh County, West Virginia, in Map Book 9, at Page 101, together with all rights and easements appurtenant thereto, including the right to use, in common with the other of the other lots, the streets, roads, alleys and ways on said map set forth.
Being the same property conveyed to Fabian L Simmons and Bonnie O. Simmons, his wife, by the Deed dated November 15, 1953 and recorded in Deed Book 344 at Page 512 in the Office of the Clerk of the County Commission of Raleigh County, West Virginia. The said Fabian Simmons passed from this life on June 16, 1995, vesting title in Bonnie O. Simmons, by virtue of Application of Fiduciaries recorded July 5, 1995, in Book 53, Page 467. Fabian L. Simmons, Jr. was vested in title by virtue of Last Will and Testament of Bonnie O. Simmons, recorded June 30, 2003, in Book 5010, Page 292, in the aforementioned Clerk’s Office.
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.
WV Trustee Services, LLC,
Substitute Trustee
BY: WV Trustee Services, LLC
McGuire Office Center
618 Tenth Street, Suite 108
Huntington, WV 25701
(304) 853-3336
dionne.reynolds@
wvtrusteeservices.com