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 May 22, 2012, executed by Juanita J. Rose to Robert D. Lewis, Trustee, of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Book 894, at Page 722. 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 591. 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:
TUESDAY, OCTOBER 29, 2019,
AT 10:15 O’CLOCK A.M.
The SURFACE ONLY of all that certain tract or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in the City of Oak Hill, Oak Hill District, Fayette County, West Virginia, and being more particularly bounded and described as follows:
BEGINNING at a nail on the northern side of John Street, and corner to Russell Riffe and Thelma Burgess’ original tract; thence leaving John Street and with Riffe and Burgess, N 38-58′ W 129.16 feet to an iron pin (found), corner to Riffe and D.E. Painter; thence continuing with Burgess and Painter, N 44-52′ W 34.51 feet to an iron pin on the south side of any alley leading from Summerlee Avenue to the Painter property; thence, leaving Painter and with the south side of said alley and with the Thelma Burgess original tract, S 45-40′ W 62.29 feet to an iron pin, a new corner to Parcels 1 and 2; thence leaving said alley and with Parcel 1, S 57-26′ E 87.62 feet to an iron pin, corner to Ed C. McGuffin and Parcel 1, thence leaving Parcel 1 and with said McGuffin, S 30-30′ W 75.00 feet to an iron pin on the northern side of John Street, corner to Ed C. McGuffin; thence leaving McGuffin and with said John Street, N 51-28′ E 48.85 feet to the place of beginning, and containing 7401 square feet, or 0.170 of an acre. Reference is hereby made to a map entitled “Plat Showing Parcels 1 and 2, Owned by Thelma Burgess, Widow, Situate on Summerlee Avenue, Oak Hill, To Be Conveyed Unto Yvonne Warwick, Plateau District, Fayette County, West Virginia, Scale l”=30 feet, dated January 7, 1987”.
This is the same property conveyed unto Juanita J. Rose from John Adam Keith by Deed dated April 27, 2004, of record in the Clerk’s Office in Deed Book 603, at Page 566.
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 $42,508.00.
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 7th day of October, 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