PUBLIC AUCTION
In execution of a certain Deed of Trust dated May 16, 2019, recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Trust Deed Book 1014, at Page 135, given by Judith Moses and Tammy Bowyer to James C. Blankenship, Ill, Trustee for Ronnie D. Sedlock and Allison M. King, said Trustee failing to perform, Ronnie D. Sedlock and Allison M. King appointed Paul O. Clay, Jr., Successor Trustee, as evidenced by that certain Removal of Trustee and Substitution Thereof, dated June 12, 2025, recorded July 1, 2025, and recorded in the aforesaid Clerk's Office in Trust Deed Book 1110 at Page 598, 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 OCTOBER 7, 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:
TRACT NO. 1:BEGINNING at an iron post in fence line on approximate right of way line 300 feet from the centerline of Route No. 60, and corner to Lot No. 17; thence with right of way line as noted above, N 88-28' W 63.43 feet (passing a corner of the Emma Copenhaver lot as described in deed made the 8th day of August, 1938, between Jr. R. Fox and Martha Fox, his wife, parties of the first part, and Emma F, Copenhaver, party of the second part, said deed being recorded in the Office of the County Court of Fayette County, West Virginia, in Deed Book 89, at page 260) to an established corner, a fence post on line of the Emma F. Copenhaver lot; thence leaving line of said lot and above mentioned Route No 60 right of way line and with a lot N 11-46' E 100 feet to a fence corner; thence leaving said fence line and continuing thru said Copenhaver Lot, S 88-28' E 63.43 feet, (crossing a line of said lot at 43.43 feet) to a stake corner to Lot No 17; thence with the line of said Lot 17, S 11-46' W 100 feet to the point of beginning.
TRACT NO. 2: BEGINNING at an iron pin at the fence post on the east side of The Dews Road, said iron pin being located 115.5 feet from the intersection of U.S. Route #60 and Dews Road, and running with said road N 2-30 E 46.3 feet to a fence post on Foster's line, and with Foster's line S 88-28' E 150 feet to a fence post corner of Foster's back line, thence leaving Foster and running S 2-30' W 46.3 feet to a stake corner to Lot No. 17, and with McCutcheons line N 88-28 W 1'46 feet to the beginning.
There is expressly excepted and reserved from the aforesaid Tract No. 3 the following:
Reservation No 1: That certain tract or parcel of surface land, which was conveyed to Emma Copenhaver and husband to Ben R. Hawkins, et als, Trustees of the Church of God, by deed dated January 1, 1958, and of record in the Fayette County Clerk's Office in Deed Book 221, at page 244.
Reservation No. 2: That certain .146 acre tract which was conveyed by Emma F. Copenhaver, widow to Boyd S McCutcheon and wife, by deed bearing date of June 24, 1953, and of record in the aforesaid Clerk's Office in Deed Book No. 177, at Page 222.
Reservation No. 3: That certain 6,852 sq ft tract which was conveyed unto Anna Mae McCutcheon by Emma F. Copenhaver, widow, by deed bearing date of April 23, 1957, and of record in the aforesaid Clerk's Office in Deed Book 207, at page 467.
TRACT NO. 3: BEGINNING at a point on the northern side of Federal Road No. 60 on a line of the said road, said point being 110 ft east of The Dews Road at its intersection with Federal Road Rt No. 60; thence running from said point South 71 W 110 ft to the intersection of Dew Road with State Road Rt No 60; thence running with Dews Road on the easterly side thereof along the line of the said road N 2-1/2 E 180 feet to a point which is in the line of the Dew Road and which is a middle point of a line of Lot No. 20 on said road; thence running into the Lot No. 20 N 60-E 1'58 ft to a stake; thence running S 14 W 187-1/2 ft. to the beginning point on Federal Road Route No. 60, thence 24,622-1/2 square feet and which embraces all of Lots Nos 18 and 19 and part of Lot No. 20 as laid down on the map of J.R. Fox Farm into Lots and tracts.
TRACT NO. 4: That certain cellar building which abuts on the rear of that certain store building which was reserved by Emma Copenhaver Nutter in that certain Deed made by her and her husband to Ben R. Hawkins, et als, Trustees for the Church of God, which deed is dated January 1, 1958 and is of record in the Fayette County Commission Clerk's office in Deed Book No. 221, at page 244.
TRACT NO. 5: Those certain water rights reserved unto Emma F. Copenhaver in that certain Deed made by her to Body S, McCutcheon and wife, which deed hears date of June 24, 1953, and if of record in the Fayette County Commission Clerk's Office in Deed Book No. 177, at page 222.
TRACT NO. 6: BEGINNING at a stake corner on north side of U.S. Route 60, at intersection of said Route #60 and Dews Road, and running with right of way line of U.S. Route #60 a distance of 46.54 feet to a fence post, corner to McCutcheon lot; thence with McCutcheon line and Eastern side of Store Building forty feet to South Eastern corner of Store Building, thence with rear line of Store Building a distance of 46.54 feet to the line of the Dews Road, and thence with said Dews Road line a distance of forty (40) feet to the point of beginning and being known as the Copenhaver Store Building.
And being the same tracts or parcels conveyed to Judith Moses and Tammy Bowyer by deed of Ronnie D. Sedlock and Allison M. King, dated May 6, 2019 and recorded in the Fayette County Clerk's office in Deed Book 778, at page 282.
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 parties in interest are not members 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 lime, 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 4TH DAY OF
SEPTEMBER, 2025
/s/Paul O. Clay
PAUL O. CLAY, JR.
SUCCESSOR TRUSTEE