NOTICE OF TRUSTEE’S SALE
PUBLIC AUCTION
In execution of a certain Deed of Trust dated December 15, 2000, recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Trust Deed Book 608, at Page 598, given by Stuart E. Ellis, 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 May 6, 2021, and recorded in the aforesaid Clerk’s Office in Trust Deed Book 1047, at Page 470, 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 Trustee will sell at public auction at the front door of the Courthouse of Fayette County, Fayetteville, West Virginia, on Monday July 12th, 2021, at 10:00 o’clock a.m., the following described real estate situate in the Plateau District, Fayette County, West Virginia, and being more particularly bounded and described as follows, to-wit:
BEGINNING at a 1/2 inch rebar with cap set in the easterly right-of-way line of said Route 38 and corner to the Harvey tract recorded in Deed Book 198, Page 509; thence with said right-of-way N 22-25′ E 80.00 feet to a 1/2 inch rebar with cap set; thence through parcels one and two of the Summerlee Weslyan Church tract recorded in Deed Book 422, Page 378, from which this tract is a part, S 64-37′ E 273.83 feet to a 6 inch poplar hacked in a fence line, in the line of the Carrico tract recorded in Deed Book 495, Page 674; thence along said Carrico tract for two (2) calls: S 16-10′ E 74.00 feet to a point near said fence line; S 22-02′ E 88.00 feet to a 1/2 inch rebar with cap set in a fence line, corner to the Bays Cemetery tract recorded in Deed Book 22, Page 337; thence along said cemetery tract S 42-51′ W 80.00 feet to a 1/2 inch rebar with cap set at base of fence post, corner to said Harvey tract; thence along said Harvey tract, N 47-25′ W 376.37 feet to the place of beginning, containing 1.05 acres more or less as surveyed by Site-Blauvelt Engineers Inc., as shown upon a map titled “PLAT OF SURVEY SHOWING 1.05 ACRE TRACT BEING A PART OF PARCEL ONE AND PARCEL TWO RECORDED IN DEED BOOK 422, PAGE 378 FOR SUMMERLEE WESLEYAN CHURCH.
And being the same real estate conveyed unto Stuart E. Ellis by two deeds, to-wit:
1. Deed of Ralph Candler, Anna Lee Candler, Joyce Mason, Trustees of the Summerlee Wesleyan Church, to Stuart E. Ellis and Kristi L. Ellis, his then wife, dated the 19th day of October, 1996, and recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed Book 535, at Page 147.
2. Deed of Kristi L. Ellis, dated the 15th day of December, 2000, and
recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed Book 574, at Page 240.
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 is therefore 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 real property. Any purchaser shall purchase subject to, and be responsible for, said real estate taxes.
TERMS OF SALE:
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 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.
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 allowed for redemption under local law, whichever is longer.
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 9TH DAY OF JUNE, 2021.
PAUL O. CLAY, JR
SUCCESSOR TRUSTEE