NOTICE OF TRUSTEE’S SALE
NOTICE OF TRUSTEE’S SALE and Notice of the Beneficiary/Servicer’s election to sell property is hereby given pursuant to and by virtue of the authority vested in the Trustee by that certain Credit Line Deed of Trust dated September 26, 2000, executed by James E. Chittum, Sr. and Cindy L. Chittum to Robert D. Lewis, Trustee, of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Book 603, at Page 615. Bailey & Slotnick, PLLC was appointed as Trustee by SUBSTITUTION OF TRUSTEE dated August 16, 2019, of record in the Clerk’s Office in Book 1018, at Page 451. The borrower defaulted under the Note and Deed of Trust and the Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Trustee will sell the following described property to the highest bidder at the front door of the Courthouse of Fayette County, in Fayetteville, West Virginia, on:
THURSDAY, OCTOBER 3, 2019, AT 10:15 O’CLOCK A.M.
All that certain surface tract or parcel of real estate, together with the improvements thereon, situate in New Haven District, Fayette County, West Virginia, which property is more particularly bounded and described as follows:
All that certain lot or parcel of surface land, situate in New Haven (formerly Sewell Mountain District) Fayette County, West Virginia, known and designated as Lot No. 11 (0.369 acres) as the same is shown upon a map entitled “Westmoreland Coal Company, Winding Gulf Division, Landisburg Subdivision,” being part of the 17.545 acre Tract No. Two, Sewell Mountain District, Fayette County, West Virginia, Scale l” = 50′ made by Charles A. Gregory, R.L.S. No. 426, dated April 20, 1973, and recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Map Book 17, at Page___ together with the right to use in common with the owners of the other lots thereon the roads, streets, alleys, ways and easements shown on said map, including but not limited to that certain “access easement” adjacent to and paralleling U.S. Route 19 – W.Va. Route 41, being an easement over Lots Nos. 1, 2, 3 and part of Lot No. 4, 30 feet wide, and over the remainder of Lot No. 4 and Lot No. 5, 25 feet wide, as the same is shown on said map.
This is the same property conveyed unto James E. Chittum, Sr. and Cindy L. Chittum, by Deed dated September 26, 2000, of record in the Clerk’s Office in Deed Book 572, at Page 204.
TERMS OF SALE:
1)The property will be conveyed in an “AS IS” physical condition by Deed containing no warranty, express or implied, subject to the Internal Revenue Service right of redemption, all property taxes, prior Deeds, liens, reservations, encumbrances, restrictions, rights-of-ways, easements, covenants, conveyances and conditions of record in the Clerk’s office or affecting the subject property.
2) The Purchaser shall be responsible for the payment of the transfer taxes imposed by the West Virginia Code 11-22-2.
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 the property, and any personal property and/or belongings remaining at the property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY.
6) The total purchase price is payable to the Trustee by cashier’s check, cash or the equivalent within thirty (30) days of the date of sale, with ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the Trustee at sale by cashier’s check, cash or money order at the time and place of the sale. There will be no refund granted of any amount if the third party purchaser elects not to purchase the property for any reason. Minimum acceptable bid will be $86,483.00.
7) For more information on this property, please see listing on the PROPERTIES FOR SALE WEBSITE:
https://properties.sc.egov.usda.gov/resales/public/home.
Given under my hand this 10th day of September, 2019.
BAILEY & SLOTNICK,
PLLC-TRUSTEE
By: Marc J. Slotnick, Esquire
500 Virginia Street East,
Suite 600
Charleston, West Virginia 25301
Phone: (304) 346 1800
WV State Bar No. 5956
9-26-2-FT; LG 300790