NOTICE OF TRUSTEE’S SALE
PUBLIC AUCTION
In execution of a certain Deed of Trust dated March 28, 2013, recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Trust Deed Book 910, at Page 623, given by John D. McCune to Frederick A. Jesser, Ill and Denise A. Light, Trustees for Fayette County National Bank, said Trustees failing to perform, Fayette County National Bank appointed Paul 0. Clay, Jr., Successor Trustee, as evidenced by that certain Removal of Trustee and Substitution Thereof, dated March 21, 2025, recorded March 27, 2025, and recorded in the aforesaid Clerk’s Office in Trust Deed Book 1106, at Page 533, 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 Fayette County, Fayetteville, West Virginia, on TUESDAY JUNE 3, 2025, at 10:00 o’clock a.m., the following described real estate situate in New Haven District, Fayette County, West Virginia, and being more particularly bounded and described as follows, to-wit
TRACTI
Beginning at an iron pin found on the south side of Route 4 (Sunday Road), corner to Nuttall, LLC, John D. McCune & Theresa N. McCune’s
2.74 acre tract, of which this is a part, and the tract therein described; thence leaving Nuttall and with the south side of Sunday Road the following four calls, North 67 30’-05” E, a distance of 70.55 feet; thence North 73 03’ 43” East, a distance of 143.48 feet; thence North 75 56’ 45” East a distance of 151.08 feet; thence North 69 20’ 04” East, a distance of 166.32 feet to an axle found, corner to said 2.74 acre tract, Cleopatra Deitz McCune, a 1.249 acre tract designated as Tract “B” and the tract herein described; thence leaving Sunday Road and Cleopatra Deitz McCune and with Tract “B” through John D. & Theresa M. McCune’s 2.74 acre tract, of which this is a part, South 07 13’ 47” West, a distance of 399.40 feet to a point on the line of aforementioned Nuttall, LLC, corner to Tract “B” and the tract herein described; thence with the line between McCune’s 2.74 acre tract and Nuttall, LLC, North 62 56’ 49” West, a distance of 510.18 feet to the beginning and containing 2.195 acres, more or less, and designated as Tract “A” on a map or plat attached hereto and made a part of this description. All bearings taken from the magnetic meridian of April 20, 2001, having a declination of 8-00 west.
TRACT II
BEGINNING at an iron pin 60 feet from the Sunday Road right of way; thence leaving said pin S 29-26 E 500 feet to a gum on the original line; thence S 67 E 690 feet to an iron pin; thence N 20-15 W 525 feet to a concrete marker; thence N 44-30 W 290 feet to the place of beginning, containing 4.72 acres, more or less, as shown on an undated and uncaptioned map which is recorded in Deed Book 506, at Page 536.
And being the same property conveyed unto John D. McCune by two deeds, to-wit:
1. A ½ undivided interest, along with Theresa McCune, by deed of Cleopatra Deitz McCune, el vir, dated the 12th day of May, 1977, and recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed Book 355, at page 565.
2. A ½ undivided interest by deed of Theresa McCune, divorced, dated the 31’1day of August, 1993, and recorded in the aforesaid Clerk’s Office in Deed Book 506, at page 536.
There is excepted and reserved from the above described tract the following:
BEGINNING at a point, common corner to Tract “A” and Tract “B”; thence N 29-26’ E 220.00 feet, more or less, to a point; thence S 21- 28’-18” E 330 feet, more or less, to a rebar (set); thence N 62-56’-49” W 289.61 feet to the point of beginning.
And being a portion ofTract “B” which was conveyed by John McCune and Theresa Critchley, both single persons, to Theresa M. Critchley. Christopher McCune, Darrin McCune and Stephen McCune, by deed dated May, 2003, and recorded in the aforesaid Clerk’s Office in Deed Book 605, at Page 114.
And being the same property conveyed to John D. McCune, by deed of Johnny D. Critchley, el ux, dated March 28, 2013, and recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed Book 691, at Page 31.
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 owners 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 2ND DAY OF MAY, 2025
PAUL O. CLAY,
SUCCESSOR TRUSTEE