Legal 3×6-1/2”
0307 0314
NOTICE OF TRUSTEE’S SALE
Pursuant to the authority vested in the undersigned J. Patrick Jones, Substitute Trustee by Notice of Substitution of Trustee which notice is of record in the Office of the Clerk of the County of Commission of Clay West Virginia, and by Deed of Trust dated August 6, 2010, executed by Scott V. Bird and Jennifer L. Bird to BB&T Collateral Service Corporation, Trustee, which deed of trust is of record in the Office of the Clerk of Clay County, West Virginia, in Trust Deed Book 124 at Page 990, the undersigned Substitute Trustee has been requested, in writing, by the beneficiary of said deed of trust to sell the real estate described below, as there has been a default under the terms and conditions of said deed of trust. Therefore, the undersigned Substitute Trustee will sell the real estate described in the Deed of Trust, at a public auction on March 29, 2019 at 3:00 p.m. to the highest bidder at the front door of the Courthouse of said County of Clay, in Clay, West Virginia, which real estate is more completely described as follows:
A parcel of land in Pleasant District, Clay County, West Virginia located on the west side of Bell Creek
and on the west side of Route 16 at Bentree, more particularly bounded and described as follows:
BEGINNING at a point on the west side of Bell Creek, rock on creek bank called for, not found, 3/4” x
30” rebar with cap set, corner with Larry Bird and Charles Johnston, from which an 8” sycamore bears
N 68 E 12 feet, a 3” pine bears N 55 W 1 0 feet, and the center of Bell Creek bears N 40 E 14 feet. Thence
leaving the creek and Bird and with Johnston S 68 20 43 W 402.16 feet to a point, 1/2 iron pin called for,
not found, 3/4” x 30” rebar with cap set, corner with Johnston and Jim C. Hamer Company, from which
a 9” beech bears N 70 W 7 feet, a 2” maple bears S 10 E 1 foot, and the log bears N 70 E about 50 feet.
(Thence leaving Johnston and with Jim C. Hamer Company N 23 22 18 W 223.75 feet to a point, 3/4” x
30” rebar with cap set) corner with Jim C. Hamer Company, from which an 11” birch bears S 70 E 14 feet,
and the log bears N 63 E 25 feet Thence leaving Jim C. Hamer Company and through the Johnny D.
and Catherine J. Morris tract N 63 02 02 E 336.04 feet to a point in the fence, corner with Johnny D. and
Catherine J. Morris tract. Thence through the other Johnny D. and Catherine J. Morris tract N 63 02 02 E
85.30 feet to a point in the fence, corner with Johnny D. and Catherine J. Morris, from which the end of
the fence bears N 63 02 02 E 8.58 feet Thence S 27 22 18 E 181.43 feet to a point in the creek, 1/2” iron
pin called for but not found, 3/4” x 30” rebar with cap set corner with Larry Bird, from which the Northeast
corner of the garage bears s 70 W 32 feet and the center of Bed Creek bears East 8 feet. Thence with Bird
S 02 22 18 E 87.01 feet to the place of beginning, containing 2.369 acres, more or less, as surveyed in July
2004 by Marathon Technical Services Inc., PO Box 340, Summersville, WV 26651, and as shown on a
plat attached thereto and made a part of the deed.
TERMS OF SALE
1. Cash in hand paid on the day of sale.
2. The sale of the property will be made subject to all matters having priority over the deed of trust referred to herein including but not limited to any and all assessments and taxes against said property, all prior liens, encumbrances, lease, restrictions, covenants, conditions, rights of way and easements of any nature whatsoever.
3. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code § 11-22-2.
4. The subject property will be sold in “AS IS” condition. The Substitute Trustee makes no representations and warranties of any kind or character including, but not limited to, the condition of the real estate or the title to the real estate to be conveyed.
5. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
6. The Substitute 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 the sale described above.
7. The beneficiary of the Deed of Trust and holder of the note thereby secured reserves the right to submit a bid for the property at the sale, which bid may be in the form of a credit bid.
8. Such other terms as may be announced at the time of Sale.
Given under my hand this 26th day of February, 2019.
J. Patrick Jones, Substitute Trustee
304-529-8560