NOTICE OF TRUSTEE’S SALE
Pursuant to the authority vested in the undersigned Jeffery D. Taylor, Substitute Trustee by Notice of Substitution of Trustee which notice is of record in the Office of the Clerk of the County of Commission of Marion West Virginia, and by Deed of Trust dated December 23, 2002, executed by Judith A. Wagner and Elbert B. Wagner to BB&T Collateral Service Corporation, Trustee, which deed of trust is of record in the Office of the Clerk of Marion County, West Virginia, in Trust Deed Book 754 at Page 327, the undersigned Substitute Trustee has been requested, in writing, by the beneficiary of said deed of trust to sell the real estate described below, as there has been a default under the terms and conditions of said deed of trust. Therefore, the undersigned Substitute Trustee will sell the real estate described in the Deed of Trust, at a public auction on March 27, 2020 at 11:00 a.m. to the highest bidder at the front door of the Courthouse of said County of Marion, in Fairmont, West Virginia, which real estate is more completely described as follows:
All of that certain tract or parcel of real estate, together with the improvements thereon and appurtenances thereunto belonging, situate, lying and being in Mount Vernon Heights, Grant , Marion County, West Virginia, and which is more particularly bounded and described as :
PARCEL A: Beginning at a power pole, common corner of Lots number 26 and 24 Mount Vernon Heights and running thence with the easterly line of Vernon Drive . 25 degrees 29’E. 31.66 feet to a stake; thence N. 8 degrees 57’W. 75.28 feet to stake; thence leaving said Vernon Drive N. 73 degrees 40’E. 59.85 feet to a /2″ (set); thence S. 24 degrees 22’52” E. 150.00 feet to a 1/2″ iron pin (found); thence a line of Lot number 23 of said Mount Vernon Heights S. 38 degrees 50′ W. .21 feet to a stake; thence N. 49 degrees 54′ 55″ W. 105.06 feet to the place of, containing 0.309 acres, as shown on the map or plat attached hereto and made a part hereof, reference to which is hereby made for all purposes, dated June, , and made by Paul D. Harbert PS, number 862.
Excepting and reserving therefrom, all of the Pittsburgh, Sewickley Coal, and one half (14) of the other coal, oil and gas within and underlying the same, together with mining, drilling and rights, privileges and immunities relating thereto, and appropriately conveyed or reserved out conveyances and deeds constituting the chain of title.
TERMS OF SALE
1. Cash in hand paid on the day of sale.
2. The sale of the property will be made subject to all matters having priority over the deed of trust referred to herein including but not limited to any and all assessments and taxes against said property, all prior liens, encumbrances, lease, restrictions, covenants, conditions, rights of way and easements of any nature whatsoever. Subject to the redemption rights of the Internal Revenue Service as set forth in 26 U.S.C. § 7425.
3. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code § 11-22-2.
4. The subject property will be sold in “AS IS” condition. The Substitute Trustee makes no representations and warranties of any kind or character including, but not limited to, the condition of the real estate or the title to the real estate to be conveyed.
5. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
6. The Substitute Trustee reserves the right to adjourn the sale, for a time, or from time to time, without further notice by announcement at the time and place of the sale described above.
7. The beneficiary of the Deed of Trust and holder of the note thereby secured reserves the right to submit a bid for the property at the sale, which bid may be in the form of a credit bid.
8. Such other terms as may be announced at the time of Sale.
Given under my hand this 19th day of
February, 2020.
Jeffery D. Taylor,
Substitute Trustee
304-363-4260
Times: February 24, March 2, 2020
