NOTICE OF SUBSTITUTE TRUSTEE’S SALE
NOTICE is hereby given that by virtue of the authority vested in the undersigned Substitute Trustee by that certain Deed of Trust executed by ALLEN A. MURDOCK AND REBECCA MURDOCK, husband and wife, dated December 14, 2004, to RICHARD A. PILL, ESQ., TRUSTEE, and recorded on December 27, 2004, in the Office of the Clerk of the County Commission of Fayette County, West Virginia as Transaction No. 2004511037 in Deed of Trust Book 730, at Page 504; and Deed of Trust dated December 14, 2004 and re-recorded on August 21, 2012, in the Office of the Clerk of the County Commission of Fayette County, West Virginia, as Transaction No. 2012014610 in Deed of Trust Book 899 at Page 350; and that certain Substitution of Trustee, Fred G. Staker, III, a resident of Cabell County, West Virginia, dated November 5, 2019, and recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia on November 18, 2019 as Instrument No. 201900014875 in Book Number 1022 at Page 226, by which Deed of Trust referenced above the said grantors, ALLEN A. MURDOCK AND REBECCA MURDOCK, conveyed unto the said Trustee, the hereinafter described real estate to secure payment of a certain Promissory Note set out and described therein, and default having been made in the payments of said Promissory Note, and the said Substitute Trustee, Fred G. Staker, III, having been requested in writing to do so by the owner and holder of said Promissory Note, the undersigned Substitute Trustee, Fred G. Staker, III, will sell to the highest bidder on FRIDAY, JANUARY 31, 2020 AT THE HOUR OF 2:00 O’CLOCK P.M. at the front door of the Courthouse of Fayette County, or at the location at, around, or within the Courthouse where Foreclosure Sales are normally and regularly conducted, located within the City of Fayetteville, State of West Virginia, the following described real estate, TO WIT:
The following described tracts or parcels of surface land, together with the improvements and appurtenances thereunto belonging and the rights incidental thereto, situate in New Haven District, Fayette County, West Virginia, and being Lots Not 47, 48, 49 and 50 of the “New River Heights” Subdivision as said lots are shown an a certain map or Plat of the same entitled “MAP OF NEW RIVER HEIGHTS, NEAR FAYETTEVILLE, WEST VIRGINIA” which is dated June 1, 1949, and was made by James H. Hamrick, which said map is of record inthe Fayette County Clerk’s Office in Map Book 10, at Page 16, said property being more particularly described as follows:
BEGINNING at an iron pin in the southerly line of Trump Avenue, being the front common corner of Lots No. 46 and 47 of said New River Heights Subdivision; thence following the division line between said Lots No. 46 and 47, 323.70 feat to an iron pin, being the rear common corner of Lots No, 46, 47, 57 and 58 of said New River Heights Subdivision; thence following the rear line of Lots No. 57, 56, 55, 54, 53, 52, and 51 of said New River Heights Subdivision, 353.7 feet to an iron pin in the easterly line of Second Street thence following the easterly line of Second Street N 17deg. 58″ E 55.71 feet to an iron pin; N 81deg. 45′ E 185.71 feet to an iron pin in the line of Second Street and also in the line of Lot No. 49; thence continuing with the line of Second Street, N 10deg. 6′ W 215.42 feet to an iron pin; thence continuing with the line of Second Street, N 18deg. 58′ W 98.55 feet to an iron pin at the point of intersection of said Second Street and Trump Avenue; thence following the southerly line of Trump Avenue, 49.51 feet to an iron pin in said southerly line of Trump Avenue; thence continuing with the southerly line of Trump Avenue, S 54deg. 54′ E 189.48 feet to the place of beginning, and being all of Lots No. 47, 48, 49 and 50 of said New River Heights Subdivsion as above referred to.
And being the same property acquired by Rebecca Garretson and Allen Anthony Murdock, by deed dated August 29, 2002, from Samuel Morton and Jessica Morton, his wife, recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed Book 589, at page 54.
PHYSICAL ADDRESS: The physical address and location of the subject real property is RR N16 MAYS ROAD, FAYETTEVILLE, WEST VIRGINIA 25840.
TERMS OF SALE: Ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) down on the day of sale to be paid by certified check. The remainder is due in no more than thirty (30) days from the day of sale. The sale shall be subject to any and all outstanding property taxes and assessments and all prior liens and encumbrances of record and otherwise, if any. The Substitute Trustee does not warrant title to the subject property.
The purchaser shall be responsible for the payment of all transfer taxes imposed by Article 2 of Chapter 11 of the Official Code of West Virginia, as amended.
The subject property will be sold in an “AS IS” and “WHERE IS” condition. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate the said property. The Substitute Trustee will deliver a Trustee’s Deed to the Purchaser without any covenant or warranty (express or implied) in the form prescribed by WV Code Section 38-1-6, as amended. The Substitute Trustee makes no representations and warranties about the title of the real estate to be conveyed.
Any sale hereunder may be adjourned or continued from time to time without any further notice other than an oral proclamation at the time and place appointed for this sale, or by the posting of a written notice of the same where legal notices are posted for Fayette County. Should the Substitute Trustee not appear at the time and place appointed for the sale, and there is further no notice posted of an adjournment or continuance, please contact the office of the Substitute Trustee. The undersigned is fully vested with the authority to sell said real property as Trustee by instrument previously recorded.
Should any party or person have any inquiries, objections to the sale, protests regarding the sale, or requests regarding the sale, please notify the Substitute Trustee below at the address and telephone number set forth below.
Given under my hand all as of this 19th day of December, 2019.
FRED G. STAKER, III,
SUBSTITUTE TRUSTEE
120 East Fourth Street
8th Floor
Cincinnati, Ohio 45202-4007
Telephone: (304) 710-0525