NOTICE OF TRUSTEE’S SALE
NOTICE is hereby given that default having been made under the terms of a Deed of Trust dated May 1, 2015, and of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Trust Deed Book 5058 at page 6221, and re-recorded in Trust Deed Book 5058 at page 9031, executed by Kenneth D. Smith to Carl W. Roop, Trustee, securing MCNB Bank and Trust Co., 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 7th day of November, 2019, at the front door of the Raleigh County Courthouse, in the City of Beckley, 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:
That certain lot or parcel of land situate in Crab Orchard, Town District, Raleigh County, West Virginia, more particularly described as follows:
BEGINNING at a chestnut oak and chestnut stump on the north side of a ridge, corner to Crab Orchard Improvement Company; thence S 24deg. 9′ E 735 1/2 feet to a stake on the north side of the county road; thence with north side of said road N 57deg. 45′ E 164 1/10 feet to a stake; thence N 50deg. 00′ E 88 feet to a stake, a small black pointer, thence leaving the road N 20deg. 00′ W 730 1/10 feet to a dead chestnut, corner to Crab Orchard Improvement Company thence with the line of said Crab Orchard Improvement Company S 61deg. 20′ W 246 1/2 feet to the beginning containing 4 acres.
And being the same property acquired by Bernice L. Smith by Deed dated the 20th day of November, 2009 from Kenneth D. Smith, which said Deed is of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Deed Book 5037 at page 6512. This same property being acquired by Kenneth D. Smith by the Last Will and Testament of Bernice L. Smith, which said Will and Testament is of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Book 5056 at page 6702.
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
ID: 311650