NOTICE OF TRUSTEE’S SALE
NOTICE is hereby given that default having been made under the terms of a Deed of Trust dated June 16, 2009, and of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Trust Deed Book 843, at page 461, executed by Ted C. Maxey to Alan R. Terry and Carl W. Roop, Trustees, securing Pioneer Community Bank, which was given to secure the payment of the note therein described, and demand having been made upon the undersigned so to do, the undersigned Trustee, Carl W. Roop will, on the 10th day of October, 2019, at the front door of the Fayette County Courthouse, in the City of Fayetteville, West Virginia, at 9:00 a.m., sell the property hereinafter described, which property was conveyed in said Deed of Trust, and being more particularly described as follows:
The following real estate is situate in the City of Oak Hill, Fayette County, West Virginia, and being more particularly bounded and described as follows, to-wit:
PT LOT NO. 5:
BEGINNING at an iron pin on the southern side of West Central Avenue, and same being the common corner of Lots 5 and 6; thence leaving said avenue and with the common line of Lots 5 and 6, S. 35 49′ W. 179.80 feet to an iron pin, common corner of Lots 5 and 6′ thence leaving Lot 6 and with line of Lot 5 and 23, S. 54 11′ E. 55.04 feet to an iron pin; thence leaving Lot 23 and with a new line through Lot 5, N. 35 49′ E. 177.61 feet to an iron pin on the southern side of Central Avenue; thence with same, N. 51 54′ W. 55.00 feet to the place of BEGINNING, and containing 9,828.50 square fee, or 0.225 acre, and being a part of Lot 5 of the Sunrise Addition to the City of Oak Hill, as recorded in Map Book 5, at Page 50.
And being the same real estate conveyed unto Teddy C. Maxey, by Deed dated the 12th day of June, 2009, from Jerry L. Epperly and Charles E. Epperly, which said Deed is of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed Book 650 at page 309.
LOT NO. 6:
Lot No. 6, of the Sunrise Addition, as shown and designated on a map or plat entitled “Sunrise Addition of the Oak Hill Investment Company”, which map is dated December 15, 1941, made by H. E. Willson Engineering Co., and is of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Map Book 5, at Page 50.
And being the same real estate conveyed unto Teddy C. Maxey, by Deed dated the 12th day of June, 2009, from Jerry L. Epperly and Charles E. Epperly, which said Deed is of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed Book 650 at page 311.
For the aforesaid consideration, there is further excepted a Right-Of-Way Agreement on Lot 6, Tax Map 24, Parcel 140 for a Permanent Easement and Temporary Construction Easement to City of Oak Hill from Terry C. Maxey, Power of Attorney for Teddy C. Maxey, which said Agreement is of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Book 751 at page 149 and recorded on April 21, 2017.
LOT NO. 7:
Lot No. 7 of the Sunrise Addition to the Oak Hill Investment Company, as shown on a map thereof record in the Fayette County Court Clerk’s Office in Map Book 5, at Page 50; reference to which said map is hereby made for a more full and complete description of said lot.
And being the same real estate conveyed unto Teddy C. Maxey, by Deed dated the 12th day of June, 2009, from Jerry L. Epperly and Charles E. Epperly, which said Deed is of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed Book 650 at page 313.
Said property will be sold upon the following terms and conditions:
1. Cash in hand on day of sale.
2. The property will be conveyed in an “AS IS” condition by Deed containing Special Warranty of Title, subject to the Internal Revenue Service right of redemption, all property taxes, prior Deeds, validly enforceable prior liens, reservations, encumbrances, restrictions, right-of-ways, easements, covenants, conveyances and conditions of record in the Clerk’s office or affecting the subject property.
3. The Beneficiary and/or the Servicer of the Deed of Trust and Note reserve the right to submit a bid for the property at sale.
4. The Trustee reserves the right to continue sale of the subject property from time to time by written or oral proclamation, which continuance shall be in the sole discretion of the Trustee.
5. The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate said property, or remove any personal property and/or belongings remaining at the property.
6. The purchaser(s) at the sale shall be responsible for paying the recording costs and also the tax on the privilege of transferring real property.
7. In the event there are Federal Tax Liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer.
CARL W. ROOP,
TRUSTEE
9-19-2-FT; LG 299754