NOTICE OF TRUSTEE’S SALE
PUBLIC AUCTION
In execution of a certain Deed of Trust dated July 1, 2002, recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Roll 5035, at Page 3807, given by David M. McKinney to P. Michael Pleska and F. Thomas Graff, Trustees for United Bank, (successor to United Bank, Inc), said Trustees failing to perform, United Bank appointed Paul O. Clay, Jr., Successor Trustee as evidenced by that certain Removal of Trustee and Substitution Thereof, dated February 13, 2023 and recorded February 17, 2023, in the aforesaid Clerk’s Office in Roll 5079, at Page 0102, default having been made in the payment of the debt therein secured; and upon failure to cure said default; and being required by the beneficiary so to do, the undersigned Successor Trustee will sell at public auction at the front door of the Courthouse of Raleigh County, Beckley, West Virginia, on Thursday June 20th, 2024, at 10:30 a.m the following described real estate situate in the Town of Shady Spring, Raleigh County, West Virginia, and being more particularly bounded and described as follows, to-wit
BEGINNING at an old hub and a one and one-quarter inch (1-1/4”) iron pipe at the common corner to Lots 70, 71, 145 and 146 of Shady Grove Farms; thence following LOT 146 along Lots 71, 72, S 03-40’ E 200.00 feet, to a three-quarter inch (3/4”) iron pipe at a corner to Lots 72, 73, 146 and 147; thence following the division line between Lots 146 and 147, S 86-20’ W 300 feet to a stake; thence running through Lot 146 N 03-40’ W 200.00 feet to a stake on the division line between Lots 145 and `46; thence following said division line N 86-20’ E 300.00 feet to the point of beginning, and containing 1.3774 acres, more or less.
There is GRANTED AND CONVEYED, the right to use that certain easement 25 feet in width, leading from Center Street to the tract herein conveyed and running with the division line between Lots 145 and 146 for a distance of 400.00 feet for the purpose of ingress and egress and the installation, removal and maintenance of utilities including water, gas and sewer pipes, and electricity, telephone cables.
And being the same property conveyed to David M. McKinney, by deed of Ritchie D. Redden and Judy Redden, dated August 26, 1999, and recorded in Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Book 5003, at Page 5126
The above described real estate will be conveyed by the undersigned Successor Trustee to the purchaser thereof by deed containing a covenant of SPECIAL WARRANTY and subject to all liens, reservations and exceptions appearing in the record title, and to the lien of all unpaid taxes, if any, which are entitled to priority over the lien of the aforesaid Deed of Trust.
The Successor Trustee herein asserts, to the best of his knowledge and belief, that the party in interest is not a member of the Armed Forces of the United States, and are therefore not entitled to the benefits of the Service Members Civil Relief Act.
REAL ESTATE TAXES:
Subject property will be sold by the undersigned Successor Trustee subject to real estate taxes presently a lien against subject real property. Any purchaser shall purchase subject to, and be responsible for, said real estate taxes.
TERMS OF SALE:
Cash on hand on day of sale. The above described real estate will be sold by the undersigned Successor Trustee by auction to the highest bidder subject to the right of the Trustee to reject all bids if in his opinion they are inadequate. The owner of the indebtedness secured by the above described Deed of Trust and the owner of any other interest in the property to be sold shall have the right to bid.
The Successor Trustee does not warrant title or fitness to this property; it is being purchased as is; this is a buyer beware sale and any buyer is advised to retain counsel before the sale.
CONTINUANCE OR
ADJOURNMENT OF SALE:
The Successor Trustee reserves the right to continue the sale, or to adjourn the sale, for a time, or from time to time, without further notice and announcement at the time and place of sale, as hereinabove set forth, or any continuance or adjournment thereof.
DATED THIS THE 7TH DAY OF MAY, 2024.
PAUL O. CLAY, JR.
SUCCESSOR TRUSTEE