NOTICE OF TRUSTEE’S SALE
NOTICE IS HEREBY GIVEN that by virtue of a deed of
trust dated December 20, 2011 (the “Deed of Trust”),
made by Jack T. Six and Barbara A. Six to Philip A.
Prichard, Trustee, of record in the Office of the Clerk of
the County Commission of Wetzel County,
West Virginia, in Trust Deed Book 358, at Page 344, to
secure First Exchange Bank in the payment of the sum
of $48,000.00, evidenced by a negotiable promissory
note bearing even date therewith, and First Exchange
Bank being authorized and empowered to designate
and appoint one or more substitute trustees in the place
and stead of the trustee named in the Deed of Trust and
the undersigned, Appalachian Title Services, LLC, a
West Virginia limited liability company, having been so
appointed by the terms of a Designation of Substitute
Trustee of record in said Clerk’s office, and default
having been made in the payment of said indebtedness
and said Substitute Trustee having been requested in
writing so to do by First Exchange, the owner and holder
of said note, said Substitute Trustee, on
WEDNESDAY, DECEMBER 16, 2020 AT 11:00 A.M.
EASTERN TIME
will offer for sale and sell at public auction at the front
door of the Wetzel County Courthouse in
New Martinsville, West Virginia, to the highest bidder
therefor, all of the following described tract or parcel of
real estate, together with all buildings and improvements
thereon and appurtenances thereunto belonging, situate
on the waters of Trail Fork, a branch of Long Drain,
Church District, Wetzel County, West Virginia, being
more particularly bounded and described as follows:
Beginning at a hickory corner to Georgianna
Higginbotham, thence N. 71* E. 25 poles to a black oak;
thence N. 54* E. 19-1/2 poles to a dead W.O.; thence N.
69* E. 60 poles to a C.O.; thence N. 33* E. 33-3/4 poles
to a C.O.; thence S. 88* E. three poles to a stone;
thence N. 20* W. 33 poles to a stone and dogwood;
thence S. 68* W. 88 poles to a stake; thence N. 7-1/2*
W. 62 poles to the beginning, containing forty acres,
more or less.
Being the same tract or parcel of real estate conveyed
unto Jack W. Six and Martha L. Six, husband and wife,
as joint tenants with rights of survivorship, by Fred
Tustin and Rebecca L. Tustin, husband and wife, by
deed dated May 25, 1970, of record in the Office of the
Clerk of the County Commission of Wetzel County,
West Virginia, in Deed Book 257, at page 214. Martha
L. Six died August 31, 1975, thereby vesting title in Jack
W. Six. Jack W. Six died intestate October 29, 2009,
leaving surviving him as his sole and only heir at law,
his son Jack Tracy Six.
TERMS OF SALE: Ten percent (10%) of the sales price
shall be paid by cash, cashier’s check, or check
guaranteed by bank letter of credit in acceptable form, in
hand on the day of sale (the “Good Faith Deposit”), with
the balance to be paid in cash at closing within 30 days
after the date of sale. The sale of said property will be
made subject to all exceptions, reservations, rights of
way, easements, conditions, covenants, restrictions,
leases and other servitudes of record, if any, pertaining
to said real estate, and any and all unpaid taxes
assessed against the Subject Property. The Subject
Property shall be sold “AS IS” and “WITH ALL
FAULTS.” The Substitute Trustee shall not be liable for
any representations or warranties respecting the
physical condition, size or characteristics of the Subject
Property. Conveyance shall be by special warranty
deed, and purchaser shall pay for all transfer stamps,
recording fees, and other closing costs.
The risk of loss or damage to the Subject Property shall
be borne by the foreclosure purchaser from and after
the bid strikedown at the time of sale. The Substitute
Trustee will not deliver possession of the Subject
Property to the foreclosure purchaser, who shall be
solely responsible for obtaining possession of the Real
Property. Further, the Substitute Trustee shall be under
no duty to cause any existing tenant or person
occupying the Subject Property to vacate said property,
and any personal property and/or belongings remaining
at the Subject Property after the foreclosure sale will be
deemed to constitute ABANDONED PROPERTY AND
WILL BE DISPOSED OF ACCORDINGLY.
Any sale hereunder may be adjourned from time to time
without notice other than oral proclamation at the time
and place appointed for the sale. The Substitute Trustee
reserves the right to reject any or all bids. The party
secured by the Deed of Trust reserves the right to
purchase the property at such sale.
Additional terms and conditions shall be announced at
the sale.
At public sale any person or entity may bid and may
purchase any real estate sold if they be the highest
bidder. If the real estate is sold for an amount in excess
of the outstanding balance of the mortgage, together
with all interest, unpaid real estate taxes and costs, said
excess must be used to satisfy any other encumbrances
on said property and after all said encumbrances are
satisfied together with all interest and costs, any excess
then remaining must be paid to the Grantor. If the
Grantor or any person holding an encumbrance cannot
be found after a diligent search, the money shall be paid
into the Circuit Court of the county for the benefit of the
Grantor or the holder of any such encumbrance.
In the event that there are federal tax liens against the
property, the United States would have the right to
redeem the property within a period of 120 days from
the date of such sale or the period allowable for
redemption under local law, whichever is longer.
Dated: Monday, November 9, 2020.
APPALACHIAN TITLE SERVICES, LLC
Substitute Trustee
P. O. Box 1081
Bridgeport, WV 26330
(304) 641-7374
[email protected]
WC 11/18 11/25 14674