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 January 5, 2009, executed by Borrowers, Bradley A Stobaugh and Victoria E Stobaugh, to The Dudley Law Firm, the Trustee of record in the office of the Clerk of the County Commission of Mercer County, West Virginia, in Book 1157, at Page 515. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 190 Godfrey Court, Rock, WV 24747. WV Trustee Services, LLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated April 23, 2019, of record in the Clerk’s Office in Book 1371, Page 686. 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 Mercer County, in Princeton, West Virginia, on the following date:
14th day of November, 2019
at 11:15 a.m.
The following tract or parcel of land situate in Rock District, Mercer County, West Virginia, and shown as “Parcel No. 1” upon a plat entitled “PLAT SHOWING THE DIVISION OF THE LANDS OF FAIRLEY REED AND THE CONVEYANCES TO FAIRLEY REED LYING ON THE WATERS OF BLUESTONE RIVER OF NEW RIVER, ROCK DISTRICT, MERCER COUNTY, SITUATE ONE MILE NORTHWEST OF LASHMEET, WEST VIRGINIA, SCALE 1″ = 40′ APRIL 19, 1996”, and shown upon said map as 0.54 acres, which said plat was recorded with a deed from Arlion Jenkins, widower, to Fairley Reed, dated July 18, 1996, and of record in the Office of the Clerk of the County Commission of Mercer County, West Virginia in Deed Book No. 773 at Page 157, said plat being recorded at Microfilm Plat No. 12461, and to which plat reference is made for all pertinent purposes, said tract or parcel being more specifically bounded and described as follows:
“Beginning at a 1/2″ Rebar set in the north line of Arlion and Marie Jenkins and in the south line of Dillard and Geraldine Lyle and being the N-W cnr. of the 0.06 acre triangular parcel to be conveyed; thence with the north line of said Jenkins and the north line of said 0.06 acres and with the south line of said Lyle for a portion of 6.09 feet to the southeast corner of said Lyle and being southwest corner of Kermit and Linda Bailey and with the south line of said Bailey 22.03 feet for a total bearing and distance of N. 82 deg-07′-00″ E. 28.12 feet to a point on the north side of a 22″ Red Oak and being in the line of said Bailey and the northeast corner of said Jenkins and the northwest corner of Fairley F. Reed; thence through the lands of said Reed the following three calls S. 66 deg- 26′-40″ E. 68.44 feet to a 1/2″ Rebar set; thence S. 01 deg.-03′-30″ E. 201.33 feet to a 1/2″ Rebar set; thence S. 62 deg.- 59′-10″ W. 85.37 feet to a 12″ Sourwood in the line of said Jenkins; thence with the eastern line of said Jenkins and with the western line of said Reed N. 24 deg.-20′-45″ W. 81.85 feet to a 1/2″ Rebar set at the base of a corner fence post and being a corner of said Reed and the south corner of said 0.06 acres; thence through the lands of said Jenkins and the west line of said 0.06 acres, N. 04 deg-38′-25″ E. 189.89 feet to the point of beginning and containing 0.54 acres, more or less.”
Second party, their heirs, successors, and assigns shall have the right to use the existing roadways currently existing upon said Parcel No. 1 and on the remaining lands of Fairley F. Reed as a means of ingress and egress to the tract conveyed to them herein.,
Moreover, Second party, their heirs, successors and assigns shall have the full and complete right to use all necessary easements and right-of-ways over the lands of others to obtain access to the public road form the tract herein conveyed.
This conveyance is also subject to the terms of the Order entered in the Office of the Circuit Court of Mercer County, West Virginia on August 3, 1972, in an action styled W. W. Mills and Delia Mills, his wife, plaintiffs, v. Vance Slump and Willie Iva Slump, Civil Action No. 16685, concerning a certain 10 foot wide roadway.
Being the same property conveyed to Bradley A Stobaugh and Victoria E Stobaugh by the Deed dated February 5, 2008 and recorded in Deed Book 920 at Page 599 in the Office of the Clerk of the County Commission of Mercer 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{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) 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
Huntington, WV 25701
(304) 853-3336
[email protected]
ID: 313974