NOTICE OF TRUSTEE’S SALE
The undersigned Trustee, by virtue of the authority vested in him by that certain Deed of Trust executed by Jeremy K. Smith to Mike Day and Carl W. Roop, dated March 19, 2010, and of record in the Office of the Clerk of the County Court of Fayette County, West Virginia in Deed Book 855, at Page 738 Gavin Ward being named Substitute Trustee on June 11, 2019 of record in Deed Book 1015, at Page 582, said Deed of Trust being presently in default, the said Trustee having been requested by the beneficiary thereof so to do, NOW, THEREFORE, I, GAVIN WARD, Trustee as aforesaid, will proceed to sell the hereafter described real estate at public auction on the 16th day of August, 2019, at the hour of 10:00 a.m., to the highest bidder for cash in hand at the front door of the Courthouse of Fayette County, West Virginia, which real estate is located in, Fayette County, West Virginia, and is more particularly described as follows:
BEGINNING at an iron fence post on the County Club Road, said fence post being of iron and part of a wire fence and being a corner to the land now owned by Walter Page (DB 280/ PG 353), and running with said County Club Road, which was formerly known as Lower Loup Creek Road, and set S 42-06′-31″ E 42.37 feet a r/r spike beside a brick and concrete fence corner, thence, cutting a new line thru the Annastacia Marie Lee and Athena Marie Louisos Property (DB 497/ PG 291), S 31- 32′-09″ W 41.59 feet with the chain link fence to a steel fence post in an existing wire fence on the line of Walter Page; thence, with the Walter Page line and the existing fence, N 32-00″ E 96.14 feet to the point of beginning. Containing 0.0867 acres, as shown on the map attached to Deed dated the 11th day of March, 1994, and of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia in Deed Book 510, at page 434.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: 204 Country Club Road, Oak Hill, West Virginia 25901.
THIS SALE IS MADE subject to such easements, rights of ways, restrictive covenants, reservations and agreements as are contained and set forth in prior deeds of conveyance pertaining to said real estate.
TERMS: Ten Percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the purchase price is payable in cash and/or certified funds as deposit at the time of the sale with the balance due and payable within 30 days of the date of sale.
SAID SALE SHALL BE SUBJECT TO THE FOLLOWING CONDITIONS:
1) Subject to any and all mineral rights and reservations, stipulations, restrictions, reservations, easements, conditions and covenants contained in all former conveyances of the subject property or appearing of record in the aforesaid Clerk’s Office except any pertaining to race, color or creed.
2) Subject to all real estate taxes against said property and any taxes which constitute a lien upon the said property, but which are not yet due and payable.
3) The subject property will be sold in AS IS condition. The trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
4) The property will be conveyed by the undersigned Trustee to the purchaser without warranty of any kind, expressed or implied.
5) The aforesaid sale may be adjourned from time to time as the undersigned Trustee deems advisable, which adjournment may be made by oral proclamation at the time and place of the sale or any adjournment thereof.
GIVEN under my hand on this the 11th day of July 2019.
GAVIN WARD, Trustee
Document Prepared By:
GAVIN G. WARD, ESQ.
Ward Law Office, PLLC
129 Main Street, Suite 302
Beckley, WV 25801
7-24-WED-2-RH; LG 276902
ID: 276902