Marion

Armistead – Trustee Sale

NOTICE OF TRUSTEE SALE OF VALUABLE REAL ESTATE

PRIVATE

Pursuant to the authority vested in the undersigned by deed of trust dated the 23rd day of May, 2008, signed by Justin Armistead and Monica Preolitti, husband and wife, to S and W, Trustee, which said deed of trust is of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Trust Deed Book 928, at page 762, and Golden & Amos, PLLC, Trustee having been requested so to do by the Secured Creditor, and default having been made under the terms and conditions of said deed of trust, and the provisions in said deed of trust concerning acceleration having been complied with by the Secured Creditor and present holder of the note, said Trustee will sell at public auction at 9:15 o’clock, a.m. on the

27TH DAY OF

JANUARY 2015

at the front doors of the Courthouse in Marion County in Fairmont, West Virginia the following described real estate:

All those certain lots or parcels of real property, together with the buildings, improvements and appurtenances thereunto belonging, situate on Koons Run, Grant District, Marion County, West Virginia, and more particularly described as follows:

FIRST PARCEL:  All of Parcel B as shown on the map or plat prepared by K & R Engineering Company, dated January 1988, of record in the office of the Clerk of the County Commission of Marion County, West Virginia in Deed Book 877, at page 1047, and being more particularly bounded and described as follows:

Beginning at a point which is located N. 80° 31’ W. a distance of 175.00 feet from a point in the southerly line of W. Va. County Route 58/1, corner to other real estate of Glover, S. 14° 32’ 26” W. 194.61 feet to a point; thence running with a line of real estate now or formerly owned by Spatafore, N. 7° 08’ W. 202.30 feet to a point in said southerly line of W. Va. County Route 58/1; thence with said southerly line of said W. Va. County Route 58/1, S. 80° 31’ E. 75.00 feet to the place of beginning, containing 7,270 square feet, more or less.

SECOND PARCEL: All of said Parcel D as shown on said map or plat prepared by K & R Engineering Company, and which Parcel is more particularly bounded and described as follows:

Beginning at a point which is located S. 7° 08’ E. a distance of 400.00 feet from a point in the southerly line of W. Va. County Route 58/1, corner to other real estate of Glover, and running thence S. 7° 08’ E. 170.00 feet to a point, corner to other real estate now or formerly owned by Spatafore; thence running with two lines of said Spatafore; N. 80° 31’ W. 250.00 feet to a point; thence N. 7° 08’ W. 157.99 feet to a point, corner to other real estate of Glover; thence with a line of Glover, S. 83° 11’ 15” E. 246.83 feet to the place of beginning, containing 39,286 square feet, more or less.

THIRD PARCEL: The Parcel herein conveyed is a corner tract, (formerly part of a 35.25 acre tract), containing two (2) acres, more or less, and beginning at a point 175 feet from the line of the Henry Farm and running along the public road referred to in the description above, to said line of the Henry Farm and running thence back therefrom in depth to a point approximately 400 feet distant along the line of the Henry Farm; thence from said point forming the rear boundary line of the tract hereby conveyed, extending at right angles and running parallel with the front boundary line to a point 325 feet distant; thence from said point to the place of beginning and containing two (2) acres, more or less.

FOURTH PARCEL:  Beginning at a point which is located N. 80° 31’ W. a distance of 250.00 feet from a point in the southern line of W. Va. County Route 58/1, corner to lands of Glover and being the northwestern corner of Parcel B as shown on the map or plat prepared by K & R Engineering Company, dated January, 1988, of record in the office of the Clerk of the County Commission of Marion County, West Virginia in Deed Book 877, at page 1046, and running thence with a line of other lands of Glover, S. 70° 08’ E. 570.00 feet to a point, thence with two lines through lands now or formerly owned by Spatafore; N. 80° 31’ W. 100.00 feet to a point; thence N. 2° 54’ E. 549.82 feet to the place of beginning, containing 27,000 square feet, more or less.

Grantors further Grant and Convey to Grantee any and all right, title and interest they may have to any rights of ways or easements incident to their ownership of the above described real estate.

This conveyance is made subject to all valid exceptions, reservations, restrictions, conditions, easements, rights of way or other servitudes, if any, made retained or created in prior Deeds of record in the chain of title to the property herein conveyed.

It is the intention of this notice to sell the secured property by proper description as was intended to be transferred and conveyed in the aforesaid deed of trust.

The above described real estate is reported to have a mailing address of:

Rt 1 Box 342, Fairmont, West Virginia 26554

TERMS OF SALE: Cash in hand on day of sale or within 30 days of date of sale upon terms to be agreed upon between Trustee and successful bidder, time being of the essence; payment for unpaid real estate taxes to be assumed by the purchaser. The 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. If there is any part of the process of sale which is found to be objectionable, the Trustee reserves the right to cancel the sale. No purchaser should take possession or make improvements in the premises until the Trustee deed is delivered or recorded. A third party purchaser at sale will be required to pay the purchase price plus all recording and transfer fees.

Trustee at sale is under no duty to cause any existing tenant or person occupying the subject property to vacate said property.

FEDERAL TAX LIEN: 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.

The party(ies) secured by the Deed of Trust reserve the right to purchase the property at such sale. If the purchaser at sale is unable to complete the terms of purchase within 30 days, the Trustee reserves the right to transfer the property to the next highest bidder.

Any sale hereunder may be adjourned from time to time without any notice other than oral proclamation at the time and place appointed for this sale or by posting of a notice of same. Should the Trustee not appear at the time appointed for the sale and there is no notice posted of a continuance please contact the office of the Trustee to make further inquiry. Any sale may be conducted or adjourned by the designated agent or attorney of the Trustee. The undersigned is fully vested with the authority to sell said property as Trustee by instrument of record. Should any party have any inquires, objections to the sale or protests regarding the sale, or requests regarding the sale, please notify the trustee below by one of the means of communications set forth below.

GOLDEN & AMOS,

PLLC, TRUSTEE

543 Fifth Street,

P.O. Box 81

Parkersburg, WV 26102

Telephone

(304) 485-3851

Fax (304) 485-0261

E-mail: vgolden@

goldenamos.com

Lender: Wells Fargo Bank

Processor: Kristi/Ext. 27

(ArmisteadJustin.nts/mbaker/finishedforeclosure2015)

Times: January 13, 20, 2015

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