NOTICE OF TRUSTEE’S SALE
NOTICE is hereby given that default having been made under the terms of a Deed of Trust dated May 2, 2013 , and of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Trust Deed Book 913, at page 250, executed by Joseph M. Nuckols and Jenny M. Nuckols to Alan R. Terry and Carl W. Roop, Trustees, securing Pioneer Community Bank, which was given to secure the payment of the note therein described, and demand having been made upon the undersigned so to do, the undersigned Trustee, Carl W. Roop, will, on the 5th day of June, 2024, at the front door of the Fayette County Courthouse, in the City of Fayetteville, West Virginia, at 9:00 a.m., sell the property hereinafter described, which property was conveyed in said Deed of Trust, and being more particularly described as follows:
That certain tract of land located in Plateau District, Fayette County, West Virginia, bounded and described as follows: that certain lot or parcel of real estate situate in Plateau District, Fayette County, West Virginia and being more particularly described as follows:
TRACT 1: Tract or parcel situate at Hilltop, Plateau District, Fayette County, West Virginia, being described as follows:
Lot No. Fourteen (14), of Mountain View Estates, as shown on a map showing Subdividing of Lands Owned by Jack L. and Jacqueline Clark, situate at Hilltop, in the Plateau District of Fayette County, West Virginia, Scale 1” = 50’, dated June 9, 1975, as surveyed and mapped by Hyatt’s Surveying and Mapping Co., Beckley, West Virginia, which map is of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Map Book No. 18, at Pages 75 and 76.
And being the same property conveyed to Joseph M. Nuckols and Jenny M. Nuckols, by Deed dated the 21st day of May, 2010 from John Christopher Higginbotham and Katheryn Jane Higginbotham, which said Deed is of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia in Deed Book 660 at page 147.
Said property will be sold upon the following terms and conditions:
1. Cash in hand on day of sale.
2. The property will be conveyed in an “AS IS” condition by Deed containing Special Warranty of Title, subject to the Internal Revenue Service right of redemption, all property taxes, prior Deeds, validly enforceable prior liens, reservations, encumbrances, restrictions, right-of-ways, easements, covenants, conveyances and conditions of record in the Clerk’s office or affecting the subject property.
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, or remove any personal property and/or belongings remaining at the property.
6. The purchaser(s) at the sale shall be responsible for paying the recording costs and also the tax on the privilege of transferring real property.
7. In the event there are Federal Tax Liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer.
CARL W. ROOP, TRUSTEE