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 Deed of Trust dated October 26, 1989, executed by Charles R. Davis and Helen M. Davis to John C. Musgrave, Trustee, of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Book 426, at Page 663. Bailey & Slotnick, PLLC was appointed as Trustee by SUBSTITUTION OF TRUSTEE dated June 17, 2019, of record in the Clerk’s Office in Book 1015, at Page 597. 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 10:30 O’CLOCK A.M.
All those certain lots or parcels of land, together with the improvements thereon and the appurtenances thereunto belonging, situate, lying and being in the City of Oak Hill, Oak Hill District, Fayette County, West Virginia, and being more particularly bounded and described as follows:
TRACT NO. ONE:
(Lot No. 6, Block No. 7, Hidden Valley Subdivision, Oak Hill, Plateau District, Fayette County, WV.) BEGINNNG at an iron pin on line of Lot 5, and same bearing S 79-45′ W 15.00 feet from the corner of South Loop Drive; thence leaving Lot 5 and with Lot 1 of Block 6, S 5-14’E 83.00 feet to an iron pipe (found), corner to Lot 1 and 6; thence leaving Lot 1 and with Lot 6, S 82-42′ W 151.15 feet to an iron pin on the bank of a drain; thence with a new line through Lot 6, following the drain, N 0-30′ E 162.47 feet to an iron pin, corner to Lots 1 and 2 of Block 7; thence with the rear line of Lot 2, N 79-45′ E 50 feet to an iron pipe, corner of Lots 4 and 5 of Block 7; thence leaving and with the rear line of Lot 5, S 51-14′ E 85 feet to an iron pipe, corner to Lot 5; thence with same, N 79-45′ E 85 feet to the place of beginning, and containing 16,307 square feet or 0.37 of an acre. Being a part of Lot 6 of Block 7 of the Hidden Valley Estates as recorded in Map Book No. 18, at Pages 71 and 72, and Deed Book No. 447, at Page 307.
TRACT NO. TWO:
That certain surface lot being known and designated as Lot No. 5, Block No. 7 of the Hidden Valley Estate of T. E. Webster Subdivision, Oak Hill, Plateau District, Fayette County, West Virginia, as the same is shown on a map dated June, 1973, made by Leon K. Spencer, a copy of which map is of record in the Office of the Clerk of the County Commission (formerly Court) of Fayette County, West Virginia, in Map Book 18, at Page ___ , reference to which is hereby made for a more complete and accurate description of the lot hereby conveyed and shown more particularly on a current plat of survey by Tan-Chung Young, P. E., dated September 8, 1977.
This is the same property conveyed unto Charles R. Davis and Helen M. Davis by Deed dated October 26, 1989, of record in the Clerk’s Office in Deed Book 472, at Page 32. Charles R. Davis died on January 1, 2002, and in accordance with the survivorship provision contained in that Deed, title vested solely in Helen M. Davis. Helen M. Davis died intestate on December 4, 2012, at which time title to the property vested in her heirs, Lisa Helms, Heather Davis and Kristy Smith.
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 $2,318.00.
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 300815