NOTICE OF
SUCCESSOR TRUSTEE’S SALE
The undersigned Successor Trustee, by virtue of the authority vested him by that certain Appointment of Successor Trustee dated February 22, 2019, and recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Trust Deed Book 1009 at page 387, executed by First Bank of Tennessee, the beneficiary and secured party of the hereinafter mentioned Deed of Trust, wherein Huy Nguyen secured a certain Negotiable Promissory Note by granting unto Clayton Bank and Trust (Tennessee) a Deed of Trust dated December 9, 2015, and duly recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Trust Deed Book 960, at Page 589, and by virtue of said Deed of Trust, Huy Nguyen, did convey unto the Trustee certain real property described in said Deed of Trust, and the said Huy Nguyen did further execute and deliver a Modification of Deed of Trust dated April 1, 2016, and recorded in the aforesaid Clerk’s Office in Trust Ded Book 966, at Paged 51, and default having been made in the payment of the Negotiable Promissory Note secured thereby, and a Notice of Default having been duly mailed to the said Huy Nguyen, and the undersigned Successor Trustee having been instructed by the secured party to foreclose thereunder, notice is hereby given that the undersigned shall offer for sale at public auction at the front door of the Fayette County Courthouse, Fayetteville, West Virginia, on March 25, 2019, at 10:00 a.m., the following real estate, together with any improvements thereon, appurtenances thereunto belonging and rights incidental thereto, situate in the City of Oak Hill, Fayette County, West Virginia, and being more particularly bounded and described as follows, to-wit:
BEGINNING at a stake on the eastern side of Woods Avenue, said stake being the first corner of Lots No. 12 and 13, and running with Woods Avenue N 12-10 W 75 feet to a stake on the eastern side of said Woods avenue, being the common front corner to Lots Nos. 15 and 16; thence leaving said Woods Avenue and running with the division line between said Lots no. 15 and 16, N 77-5- E 140 feet to a stake a t the common corner of Lot Nos. 15, 16, 82 and 83; thence running with the division line between Lots No. 82 and 83 N 77-5- E about 75 feet to a stake on the western side of Elm Street, being at the common corner of Lots No. 82 and 83; thence, running with said Elm Street S 22-02 E 75.9 feet , approximately to a stake on said Elm Street at the common corner of Lots No. 79 and 80; thence, leaving said Elm Street and running with the division line between Lots No. 79, 78,77 and 76, on one side, and Lot no. 80 on the other side, S 77-55 W 88 feet to a stake at the common corner of Lots No. 12, 13, 76 and 80; thence running with the division line of Lots No. 12 and 13, S 77-50 W 140 feet to the point of beginning, containing 0.38 acres, and being Lot Nos. 13, 14, 15, 80, 81 and 82 of the Carwile Addition to the City of Oak Hill, as the same is shown on a map of said Addition of record in the Office of the Clerk of the County Commission of Fayette County.
Being the same property conveyed to Huy Nguyen by Trustee’s Deed of J. Patrick Jones, Substitute Trustee, recorded March 12, 2015, and recorded in the aforesaid Clerk’s Office in Deed Book 720, at Page 536.
The sale of the foregoing real property will be made subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real estate, subject to all matters disclosed by an examination and inspection of the property, subject to any and all unpaid taxes as recorded against said property, and to any further matters announced at said sale. The property is sold subject to an accurate survey at purchaser’s expense and any unpaid real estate taxes assessed upon the foregoing described property.
The sale of the foregoing real property will also be made expressly subject to any and other deeds of trusts, judgments, liens, and all other encumbrances of any nature whatsoever, if any, having priority over the deed of trust referred to herein.
The Successor Trustee reserves the right to adjourn the sale, for a time, or from time to time, without further notice by announcement at the time and place of sale described above or any adjournment. The Successor Trustee reserves the right to reject any and all bids.
The subject property will be sold in “AS IS’ condition. The Successor Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. The Successor Trustee will deliver a Successor Trustee’s Deed to the purchase without any covenant or warranty (express or implied) in the form prescribed by West Virginia Code 38-1-6. The Successor Trustee makes no representations and warranties about the title of the real estate to be conveyed. If the Successor Trustee is unable to convey insurable or marketable title to purchaser for any reason, purchaser’s sole remedy is return of deposit.
TERMS OF SALE: Cash in hand by 3:00 p.m. on the day of sale in the form of a certified check or cashier’s check made payable to “James C. Blankenship, III, Successor Trustee”. Purchaser shall pay for transfer tax, stamps and recording fees. Additional terms may be announced prior to the sale.
James C. Blankenship, III, Esq.
Successor Trustee
PO Box 326
Fayetteville, WV 25840
WV State Bar ID No. 368
3-8-FRI-2-RH; LG 218082
ID: 218082