Mercer

Legal Ad

NOTICE OF TRUSTEE’S SALE

NOTICE OF TRUSTEE’S SALE and Notice of the Beneficiary/Servicer’s election to sell property is hereby given pursuant to and by virtue of the authority vested in the Trustee by that certain Deed of Trust dated December 14, 1989, executed by Johnny C. Lester, Jr. and Carol E. Lester to John C. Musgrave, Trustee, of record in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Book 646, at Page 438. Bailey & Slotnick, PLLC was appointed as Trustee by SUBSTITUTION OF TRUSTEE dated May 7, 2019, of record in the Clerk’s Office in Book 1372, at Page 471. The borrowers defaulted under the Note and Deed of Trust and the Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Trustee 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:

TUESDAY, JULY 23, 2019, AT 12:00 O’CLOCK P.M.

All that certain lot, tract or parcel of real estate, together with the improvements thereon and the appurtenances thereunto belonging, known as Lot 4, Section 7, of the Silver Springs Addition, as shown on ‘PLAT OF SURVEY SHOWING THE CLIFFORD EARL & VIRGINIA WIMMER PARCEL AS DESCRIBED IN DEED BOOK 579 AT PAGE 109 WHICH IS SITUATE IN THE SILVER SPRINGS ADDITION TO THE CITY OF PRINCETON, MERCER COUNTY, WEST VIRGINIA DANA PETTREY, LAND SURVEYOR P.O. BOX 641 ATHENS, WEST VIRGINIA DATE 10/18/89 Scale: 1″ = 30′ Revisions:’ which said plat is of record recorded in the Clerk’s Office, and more fully bounded and described as follows:

“BEGINNING at a point in the western line of Thornton Avenue as shown on said map at the extreme eastern corner of Lot 5; thence with the western line of Thornton Avenue, S. 36deg. 50′ E. 60 feet to an iron pipe; thence with the northern line of Lot 3 of said section, S. 53deg. 10′ W. 173.9 feet to an iron pipe set in the eastern line of an unopened alley; thence with same, N. 28deg. 35′ W. 60.63 feet to an iron pipe set, being the southwestern corner of Lot 5; thence with the southern line of Lot 5, N. 53deg. 10′ E. 165.2 feet to the place of the BEGINNING, and containing 0.234 acres, more or less.”

And being the same property conveyed unto Johnny C. Lester, Jr. and Carol E. Lester by deed dated November 21, 1989, of record in the Clerk’s Office in Deed Book 695, at Page 693.

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 11-22-2.
3) Real estate taxes due and payable have been paid. All real estate taxes hereafter will be the responsibility of the purchaser.
4) 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.
5) 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.
6) The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate the 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.
7) The total purchase price is payable to the Trustee by cashier’s check, cash or the equivalent within thirty (30) days of the date of sale, with ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the Trustee at sale by cashier’s check, cash or money order at the time and place of the sale. There will be no refund granted of any amount if the third party purchaser elects not to purchase the property for any reason. Minimum acceptable bid will be $14,879.00.
8) For more information on this property, please see listing on the PROPERTIES FOR SALE WEBSITE: https://properties.sc.egov.usda.gov/resales/public/home.

Given under my hand this 1st day of July, 2019.

BAILEY & SLOTNICK, PLLC-TRUSTEE

By: Marc J. Slotnick, Member
500 Virginia Street East, Suite 600
Charleston, West Virginia 25301
Phone: (304) 346 1800
WV State Bar No. 5956

ID: 271618