NOTICE OF TRUSTEE SALE
Notice is hereby given by the undersigned Substitute Trustee, in accordance with the provisions of that certain Deed of Trust made by Robert A. Martin, Lesley S. Martin and Fay Savin, as Grantor, to Douglas B. Ernest, as Trustee, dated September 30, 2016 and recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia (the “Clerk’s Office”) in Trust Deed Book 974 at Page 34 (the “Deed of Trust”). United Bank, a Virginia banking institution, successor by merger to United Bank, Inc. (“Lender”), the owner and holder of the note and obligations secured by the Deed of Trust, appointed Maggie B. Burrus of the law firm of Bailey & Glasser, LLP to serve as Substitute Trustee under the Deed of Trust pursuant to that certain Notice of Appointment of Substitute Trustees dated May 17, 2019 and recorded in the Clerk’s Office in Deed Book 1014 at Page 240. Grantor defaulted under the terms of the Deed of Trust and the undersigned Substitute Trustee will sell at public auction on Thursday, January 9, 2020 at 1:00 p.m., at the front door of the Fayette County Courthouse located at 100 N. Court Street, Fayetteville, West Virginia 25840 certain real property located in Fayette County, West Virginia, being more particularly described as follows:
BEGINNING at a 1/2 inch rebar, said rebar also being the northerly corner of Lot 17; thence continuing with Lot 17, South 22deg. 22′ 38″ West, a distance of 127.54 feet to a 1/2 inch rebar, said rebar being a common corner to Lot 17 and Lot 29; thence leaving Lot 17 and continuing with Lot 29, North 76deg. 50′ 03″ West, a distance of 365.28 feet to a 1/2 inch rebar sent on the right-of-way line of Hunter’s Ridge Road; thence leaving Lot 29 and continuing with the right-of-way North 17deg. 57′ 19″ West, a distance of 168.62 feet to a 1/2 inch rebar set on the right-of-way line of Forest Lane; thence leaving the right-of-way of Hunter’s Ridge Road and continuing with the right-of-way of Forest Lane, North 71deg. 09′ 30″ East, a distance of 37.13 feet to a 1/2 inch rebar; thence continuing with the right-of-way North 64deg. 38′ 018″ East, a distance of 94.33 feet to a 1/2 inch rebar; thence continuing with the right-of-way North 76deg. 19′ 07″ East, a distance of 52.82 feet to a 1/2 inch rebar; thence continuing with the right-of-way North 81deg. 06′ 30″ East, a distance of 84.84 feet to a 1/2 inch rebar; thence leaving the right-of-way, South 44deg. 34′ 40″ East, a distance of 285.94 feet to the Point of Beginning, containing 2.12 acres, more or less, being designated as Lot No. 30, Whispering Oaks Subdivision, Phase III.
And being the same property conveyed to Fay Savin, Robert A. Martin and Lesley S. Martin, by Mark Christopher Hurley and Pamela R. Hurley , by deed dated October 16, 2007, of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia in Deed Book 634, at Page 76.
TERMS OF SALE
Said property will be sold for cash in hand on date of sale, or under any different, other, or additional sale terms as may be determined to be appropriate or advisable in the reasonable discretion of the Substitute Trustee, by auction to the highest bidder. The sale shall be further subject to the following:
1. Real estate taxes delinquent, due or payable or to become due and payable;
2. Any statutory lien or liens that may affect the property;
3. All covenants, conditions, restrictions, reservations, easement, rights-of-way and other matters of record in the chain of title to the property, or which may be visible form a physical inspection.
4. The above property will be sold “AS IS, WHERE IS,” in the present condition and with all faults and defects, if any, and without any warranty or representation, express or implied.
5. The rights of parties in possession of such property, if any.
6. The undersigned Substitute Trustee shall have the right to postpone, continue, and/or adjourn the sale of such property without notice other than by oral proclamation at the time and place designated for such sale and/or the posting of notice at the courthouse prior thereto. Such postponement, continuation or adjournment may be for a period of time deemed expedient by the beneficial owner and shall not be construed to be a waiver of the beneficial owner’s right to conduct said sale.
7. The undersigned Substitute Trustee expressly reserve the right to reject any and all bids.
8. The undersigned Substitute Trustee shall have the right to offer such property for sale and to sell, grant, convey, transfer, and dispose of such property as separate and independent lots, parcels and/or tracts or as a whole, as the Substitute Trustee shall determine, and in such order as the Substitute Trustees shall determine.
9. The successful purchaser(s), if any, as to and in relation to each respective lot, parcel and/or tract in the event the same shall be sold separately and independently, shall be required to deliver a deposit equal to ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the bid price in cash on the foreclosure date and close on the property on the fifteenth (15th) day following the foreclosure date, and shall be required to execute and deliver a memorandum of sale and purchase with the undersigned Substitute Trustee immediately following the conclusion of the sale of such property, a proforma version of which shall be available for review and inspection prior to the sale of such property.
10. The successful purchaser(s), if any, shall be required to pay all excise taxes and recording fees connected and associated with the sale and transfer of such property by the undersigned Substitute Trustee. Any inquiries regarding this sale may be directed to Maggie B. Burrus, Substitute Trustee, Bailey & Glasser LLP, 209 Capitol Street, Charleston, WV 25301, Telephone: (304) 345-6555.
Dated this day of December, 2019.
Maggie B. Burrus,
Substitute Trustee