NOTICE OF TRUSTEE’S SALE
Notice is hereby given, that the undersigned Substitute Trustee, by the virtue of the authority vested in it by that certain Deed of Trust dated December 16, 2011, recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed of Trust Book 887, at Page 30, executed by Rachel Hamilton and Timothy Donelow, to Lisa Sharp, Acting State Director of the Rural Housing Service for the State of West Virginia, or its successor agency, and the successors in office as State Director or Acting State Director, as Trustee, for the benefit of the United States of America, acting through the Rural Housing Service or successor agency, United States Department of Agriculture, will offer for sale at public auction at the front door of the Fayette County Courthouse, in Fayetteville, West Virginia, on
December 11, 2019 at 3:04 p.m.
The following described tract or parcel of real estate, together with any improvements thereon, rights incidental thereto and any appurtenances thereunto belonging, situate in Plateau District, Fayette County, West Virginia, and being more particularly bounded and described as follows, to-wit:
BEGINNING at the common front corner to Lot No. 3 and Lot No. 1 (of the map hereinafter mentioned) said corner being a steel mine rail on the east side of a 14 foot right of way and running with the division line between said lots, N. 75 degrees – 44′ E 855.4 feet to an iron rod in the line of the New River and Pocahontas Consolidated Coal Company, a corner to said lots; thence running with said company S 33 degrees – 50′ E 163 feet to a gum tree, a corner on the original survey; thence running S 74 degrees – 57′ W 914 feet to a mine rail near a barn on the east side of a 14 foot right of way; thence running with said right of way N 12 degrees – 35′ W 166 feet to the point of beginning, all bearings being with reference to the magnetic meridian of 1950 and the tract containing three and two tenths (3.2) acres.
There is however, excepted and reserved that certain tract containing 1.67 acres which was conveyed unto James Arnold Arrington and Tammy Lynn Arrington by Deed dated the 22nd day of September, 1992, and of record in the Fayette County Commission Clerk’s Office in Deed Book 506, at Page 665.
At the time of the execution of the Deed of Trust, the property was reported to have a mailing address of 185 Patrick Street, Oak Hill, WV 25901.
AND BEING the same real estate conveyed to Rachel Hamilton and Timothy Donelow by Deed dated December 14, 2011 from Nora Smith and recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia in Deed Book 674, at Page 380.
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 11-22-1.
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 shall be under no duty to cause any existing tenant or person occupying the property to vacate said 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.
5) The total purchase price is payable to the Trustee within thirty (30) days of the date of sale, with ten (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the Trustee at sale. Title will be conveyed by Trustee’s Deed upon payment of balance. There will be no refund granted of any amount if the third party purchaser elects not to purchase the property for any reason.
6) For more information on this property, please see the listing on the PROPERTIES FOR SALE WEBSITE:
http://www.resales.usda.gov/
CONTINUANCE OR
ADJOURNMENT OF SALE:
The Trustee or his assigns has the right to continue the sale or to adjourn the sale for a time or from time to time without further notice other than oral public announcement at the time and place appointed for such sale or at any continuance or adjournment thereof and correction made on the posted notices, which continuance shall be in the sole discretion of the Trustee.
Pill & Pill, PLLC,
Substitute Trustee
Dated this 19th day of November, 2019.
Richard A. Pill, Member
P.O. Box 440, 85 Aikens Center, Martinsburg, WV 25404
Phone – (304) 263-4971;
Fax (304) 267-5840;
email:
[email protected]