NOTICE OF TRUSTEE’S SALE
PUBLIC AUCTION
In execution of a certain Deed of Trust dated November 7, 2012, recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, In Trust Deed Book 904, at Page 672, given by Roy C. Dixon to Frederick A. Jesser, III and Charles E. Mahan, IV, Trustees for Fayette County National Bank; said Trustees failing to perform, Paul o. Clay, Jr., Successor Trustee was appointed as evidenced by that certain Removal of Trustee and Substitution Thereof, dated December 2, 2021, and recorded in the aforesaid Clerk’s Office in Trust Deed Book 1060, at Page 514; default having been made in the payment of the debt therein secured; and upon failure to cure said default; and being required by the beneficiary so to do, the undersigned Successor Trustee will seek at public auction at the front door of the Courthouse of Fayette County, Fayetteville, West Virginia, on Thursday April 7, 2022, at 10:00 o’clock a.m., the following described real estate situate in Plateau District, Fayette County, West Virginia, and being more particularly bounded and described as follows, to-wit:
HOUSE AND LOT NO. 134, containing .25 acres, more or less, as shown and designated in that certain plan of Lots titled “Map No. 1, Showing the New River Company’s Summerlee Subdivision, Fayette County, West Virginia”, dated December 2, 1953, a blueprint of said map being of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Map Book 13, at page 51, together with all rights and easements appurtenant therefo, including the right to use in common with the owners of other lots, the streets, roads, alleys and way on said map set forth.
And being the same property conveyed Roy C. Dixon be deed of Elizabeth Ann Ellis, Attorney In Fact for James H. Withrow, dated the 23rd day of September, 2004, and recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed Book 607, at Page 295. The said Roy C. Dixon died intestate October 6, 2021, without issue, leaving his sister, Virginia Canterbury, as his sole heir at law.
The above described real estate will be conveyed by the undersigned Successor Trustee to the purchaser thereof by deed containing a covenant of SPECIAL WARRANTY and subject to all liens, reservations and exceptions appearing in the record title, and to the lien of all unpaid taxes, if any, which ate entitled to priority over the lien of the aforesaid Deed of Trust.
The Successor Trustee herein asserts, to the best of his knowledge and belief, that the party in interest is not a member of the Armed Forces of the United States, and is thereof not entitled to the benefits of the Service Members Civil Relief Act.
REAL ESTATE TAXES:
Subject property will be sold by the undersigned Successor Trustee subject to real estate taxes presently a lien against subject property. Any purchaser shall purchase subject to, and be responsible for, said real estate taxes.
TERMS OF SALE:
Cash on hand day of sale. The above described real estate will be sold by the undersigned Successor Trustee by auction to the highest bidder subject to the right of the Trustee 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.
The Successor Trustee does not warrant title or fitness to this property; it is being purchased as is; this is a buyer beware sale and any buyer is advised to retain counsel before the sale.
CONTINUANCE OR
ADJOURNMENT OF SALE:
The Successor Trustee reserves the right to continue the sale, or to adjourn the sale, for a time, or from time to time, without further notice and announcement at the time and place of sale, as hereinabove set forth, or any continuance or adjournment thereof.
DATED THIS THE 8TH DAY OF FEBRUARY, 2022.
PAUL O. CLAY, JR.
SUCCESSOR TRUSTEE