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 August 19, 2004, executed by Betty L. Timmons to Jenny N. Phillips, Trustee, of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Book 5014, at Page 6767, which was assumed by Lorenzo D. Ashford by Assumption Agreement dated September 10, 2013. Bailey & Slotnick, PLLC was appointed as Trustee by SUBSTITUTION OF TRUSTEE dated June 17, 2019, of record in the Clerk’s Office in Book 5069, at Page 8262. 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 Raleigh County, in Beckley, West Virginia, on:
THURSDAY, OCTOBER 3, 2019,
AT 11:30 O’CLOCK A.M.
All those two certain lots or parcels of Lots 37 and 38, of Section 37, as set out on a map entitled, “Map Showing Property of J.W. Lowery, located on Johnstown Road, in City of Beckley, W.Va., Scale 1″ = 30′, Sept. 12, 1924, Joseph A. Graft, Engineer, Beckley, W.Va.”, of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Book 252, at Page 133, together with the improvements thereon and the appurtenances thereunto belonging, situate in Beckley District, Raleigh County, West Virginia, and more particularly bounded and described as follows:
BEGINNING at a stake on the Johnstown Road, a corner to a 12 foot alley and thence with said Johnstown Road 74.4 feet to a stake in the line of Lot 38, a corner to the property heretofore conveyed to Frederick E. Farmer and wife; thence with the line of Farmer, 82.2 feet to a stake in the common line of Lots 37 and 36, of Section 37, of said McCreery Court Addition; and thence with the common line of Lots 36 and 37, 75 feet to said 12-foot alley, and thence with said alley, 88.7 feet to the place of beginning.
This is the same property conveyed unto Betty L. Timmons from Richard C. Hawley and Sara B. Welch by Deed dated August 11, 2004, of record in the Clerk’s Office in Deed Book 5014, at Page 6764.
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 $43,422.00.
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, Member
500 Virginia Street East,
Suite 600
Charleston, West Virginia 25301
Phone: (304) 3461800
WV State Bar No. 5956
10-2-WED-2-RH; LG 300739
ID: 300739