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 September 4, 2008, executed by Denise A. Wood to Rickie E. Rice, Trustee, of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Book 828, at Page 645. 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 593. 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 10:45 O’CLOCK A.M.
All that certain lot 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 fence post on the northern side of Richards Street, corner to the 0.14 acre parcel of land that was conveyed to Homer Thomas Foster and wife, running with said Foster about N 46-20 E, a distance of 119.3 feet to a fence post corner to said Foster and in line of Frank and George Richards; thence running with said Richards about S 61-00 E, a distance of 59 feet to a fence post in line of Roy Siers, thence running with said Siers S 48-33 W, a distance of 138 feet to a fence post on the northern side of said Richards Street; thence running with said Street about N 41-39 W, a distance 50.7 feet to the point of beginning, and the parcel containing fifteen hundredths (0.15) of an acre.
This is the same property conveyed unto Denise A. Wood from Gary Allen Foster and Heather Foster by Deed dated September 4, 2004, of record in the Clerk’s Office in Deed Book 642, at Page 311.
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 $30,576.00.
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