NOTICE OF SALE UNDER DEED OF TRUST
Under authority of a certain Deed of Trust from Daniel Carte dated the 26th day of November, 2013 to A. David Abrams, Jr. and C. Elton Byron, Jr., Trustees, recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Book 924, at page 297; default having been made in the payment of the obligations secured by said Deed of Trust and sale having been requested in writing by the holder of the obligation secured (Scott Dickinson by virtue of Assignments of Deed of Trust from Gregory Allen Johnson, Dorma Jean Johnson Tuley and James Carlton Johnson); the undersigned will offer for sale at the front door of the Courthouse of Fayette County, Fayetteville, West Virginia, at 11:00 a.m. on 24th, July 2020, that certain real estate conveyed by said Deed of Trust as described on the Exhibit A attached hereto and made a part hereof.
And being the same property heretofore acquired by Daniel Carte, by Deed dated the 8th day of August, 2013, from Gregory Johnson, James Johnson and Dorma Jean Johnson Tulley, and which Deed is of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia in Book 700, at page 554.
The above described real estate will be conveyed by the undersigned to the purchaser by deed without warranty of any kind, express or implied, and made subject to all property taxes, prior liens, including any liens for sewer service assessed by any municipality or public service district, reservations, encumbrances, restrictions, right of way, easements, covenants, conveyances and conditions of record in said Clerk’s Office and affecting the subject property.
The subject property will be sold in AS IS condition. The undersigned shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
TERMS OF SALE
Cash in hand on day of sale. The above-described real estate will be sold by the undersigned by auction to the highest bidder subject to the right of the undersigned to reject all bids if in his opinion they are inadequate. The owner of the indebtedness secured by the above described deed of trust and the owner of any other interest in the property to be sold shall have the right to bid.
CONTINUANCE – ADJOURNMENT OF SALE
The undersigned reserves the right to continue the sale, or to adjourn the sale, for a time, or from time to time, without further notice than announcement of the time and the place of sale as hereinabove set forth for any continuance or adjournment thereof.
Dated this the 23rd day of June, 2020.
EXHIBIT “A”
The following described tracts or parcels of real estate, together with the improvements theron, appurtenances thereunto belonging and rights incidental thereto, situate in the Town of Pax, Fayette County, West Virginia and being more particulary bounded and described as follows:
TRACT ONE: BEGINNING at a stake, corner of the Lot Number 6, at intersection of Center Street with Main Street; thence with line of said Center Street; thence with line of said alley S 13 30′ E 50 feet to a stake, corner of Lot Number 5; thence with line of Lot Number 5, N 76 30′ E 100 feet to a stake on line of said Main Street; thence with line of same N 13 30′ W 50 feet to the beginning, containing 5,000 square feet.
TRACT TWO: BEGINNING at a point on First Street in said Town, a a common corner between lots 21 and lots 22 in said Block B, running in a northwesterly direction, along said street 50 feet, more or less, to the line of lot 23; thence with the line of the said lot 23 in a northeasterly direct 100 feet, more or less, to an alley, and another common corner to lots 22 and 23; thence in a southeasterly direction and with the line of lot 22 for a distance of 50 feet, more or less, to the corner of lot 21; thence in a southwesterly direction, and with the line between lots 21 and 22, for a distance of 100 feet, more of less, to the beginning being all of said lot 22 in block B.
And being the same property heretofore conveyed to the Gregory Allen Johnson, James Carlton Johnson and Dorma Jean Johnson Tuley, by the last will and Testment of Byrna Jean Johnson, a copy of which is attached to the Deed conveying the subject property to Daniel Carte, which will be recorded prior to or simultaneously with this Deed of Trust.
The said Byrna Jean Johnson acquired subject property by Deed dated the 26th day of June, 2008, from A. David Abrams, Jr., which Deed is of record in the Office of the Clerk of the Fayette County Commission in Deed Book 641, at page 52.
This Deed of Trust is made and accepted subject to all prior reservations, restrictions, covenants, and conditions granted or reserved by all predecessors in title except those pertaining to race, color or creed
A. David Abrams, Jr., Trustee