Legal Notice



In execution of a certain Credit Line Deed of Trust dated July 29, 2014, recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Trust Deed Book 933, at Page 703, given by Jesse J. Fitzwater and Arlene V. Fitzwater, to Charles J. Mildren, Trustee for United Bank (successor by merger to United Bank Inc.), said Trustee failing to perform, Paul O. Clay, Jr., Successor Trustee was appointed as evidenced by that certain Removal of Trustee and Substitution Thereof, dated May 11, 2021, and recorded in the aforesaid Clerk’s Office in Trust Deed Book 1048, at page 23, 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 sell at public auction at the front door of the Courthouse of Fayette County, Fayetteville, West Virginia, on Friday June 11, 2021, at 10:00 o’clock a.m., the following described real estate situate in Valley District, Fayette County, West Virginia, and being more particularly bounded and described as follows, to-wit

LOT 161, SECTION 4, as shown on a map entitled “Adena Village, Section Four, Adena Development Corporation, Valley District, Fayette County, W.Va”, prepared by S.E. Thornton. P.E., dated May, 1978, a copy of which is of record in the Office of the Clerk of the Fayette County Commission, Fayetteville, West Virginia, in Map Book 19, at pages 77 and 78.

And being the same property conveyed unto Jesse J. Fitzwater and Arlene V. Fitzwater, as joint tenants with right of survivorship, by deed of Charles Johnson, et ux, dated the 23rd day of June, 1995, recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed Book 523, at Page 457. The said Jesse J. Fitzwater died August 13, 2020, thus vesting full ownership of subject property in Arlene V. Fitzwater.

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 are 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 are therefore not entitled to the benefits of the Service Members Civil Relief Act.


Subject property will be sold by the undersigned Successor Trustee subject to real estate taxes presently a lien against subject real property. Any purchaser shall purchase subject to, and be responsible for, said real estate taxes.


Cash on hand on 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 owners of the indebtedness secured by the above described Deed of Trust and the owners 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.


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.