NOTICE OF TRUSTEE’S SALE
NOTICE OF TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, WV Trustee Services, LLC, by that certain Deed of Trust dated November 7, 2007, executed by Borrowers, Deborah I Sims and Hugh R Sims Jr, to Aaron Ambler, the Trustee of record in the office of the Clerk of the County Commission of Fayette County, West Virginia, in Book 809, at Page 731. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 11 Sims Ave, Rainelle, WV 25962. WV Trustee Services, LLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated January 10, 2020, of record in the Clerk’s Office in Book 1025, Page 353. The borrowers defaulted under the Note and Deed of Trust and the Substitute Trustees have been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustees 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 the following date:
30th day of March, 2020
at 11:15 a.m.
THAT CERTAIN TRACT OR PARCEL OF LAND SITUATE IN NEW HAVEN DISTRICT, FAYETTE COUNTY, WEST VIRGINIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:”BEGINNING AT AN IRON PIN IN A FENCE LINE BETWEEN HUGH SIMS AND TROY L. SIMS, SAID IRON PIN IS THE BEGINNING CORNER OF TRACT NO 1 ,CONSISTING OF 377.83 ACRES AS DEEDED TO THE PARTIES OF THE FIRST PART BY DEED DATED APRIL 19, 1995, AND OF RECORD IN THE COUNTY COURT OF FAYETTE COUNTY, WEST VIRGINIA IN DEED BOOK 521, AT PAGE 389, THENCE LEAVING OUTSIDE LINE AND WITH A LINE THROUGH SAID TRACT N 89 48 W 68.8 FEET TO A POINT IN EAST EDGE OF GRAVEL ROAD, THENCE WITH EAST SIDE OF THE GENERAL COURSE OF ROAD S 5-00 E 76.15 FEET TO A POINT ON THE EAST SIDE, THENCE S 13-45 W 197. FEET TO A POINT ON EAST SIDE, THENCE S 11-12 W 170.60 FEET TO A POINT ON EAST SIDE NEAR A BLOCK BUILDING. THENCE S 3-46 E 96.70 FEET TO A POINT ON EAST SIDE OF ROAD AND NEAR THE NORTH END OF A WOODEN SHED; THENCE LEAVING ROAD AND BACK TO OUTSIDE LINE OF SAID TRACT N 81-25 E 81.0 FEET TO A FENCE POST, THENCE WITH LINE BETWEEN THE PARTIES OF THE FIRST PART AND TROY L SIMS N 6-17 W 531.0 FEET TO THE BEGINNING. CONTAINING 0.93 ACRES, MORE OR LESS. There is also conveyed unto the Grantees, successors and assigns, an easement over the farm road mentioned in the chain of title. This Road is not to be altered by the Grantees, successors or assigns thereto. The Grantors do hereby reserve a fifteen (15) foot right of way for a pipeline to said spring across the property of the Grantees, their survivors, heirs, successors and assigns, to follow the most convenient way to the spring mentioned above.
Being the same property conveyed to Deborah I Sims and Hugh R Sims Jr by the Deed dated December 2, 1997 and recorded in Deed Book 545 at Page 494 in the Office of the Clerk of the County Commission of Fayette County, West Virginia.
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 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 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.
6) The total purchase price is payable to the Trustee within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale.
WV Trustee Services, LLC,
Substitute Trustee
BY: Dionne Reynolds,
Limited Signing Officer
WV Trustee Services, LLC
McGuire Office Center
618 Tenth Street, Suite 108