NOTICE OF TRUSTEE’S SALE
OF REAL PROPERTY
The undersigned Trustee, by virtue of the authority vested him by that certain Deed of Trust dated the 16th day of May, 2019, and duly recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Trust Deed Book 1014, at Page 135, Judith Moses and Tammy Bowyer, did convey unto James C. Blankenship, III, as Trustee, the hereinafter described real estate to secure payment of a Negotiable Promissory Note dated May 16, 2019 (the “Note”), payable to Ronnie D. Sedlock and Allison M. King, and default having been made in the payment of the Note secured thereby, and a Notice of Right to Cure Default having been duly mailed to the said Judith Moses and Tammy Bower, and the undersigned Trustee, having been instructed by the secured parties under the Note, Ronnie D. Sedlock and Allison M. King, to foreclose under the aforesaid Deed of Trust, said Trustee will offer for sale at public auction at the front door of the Fayette County Courthouse in Fayetteville, West Virginia, on the 16th day of July, 2021, at 10:00 o’clock, a.m., the following described real estate, together with any improvements thereon, appurtenances thereunto belonging and rights incidental thereto, situate in New Haven District, Fayette County, West Virginia, and being more particularly bounded and described as follows, to-wit:
TRACT NO. 1: BEGINNING at an iron post in fence line on approximate right of way line 300 feet from center line of Route No. 60, and corner to Lot No. 17; thence with right of way line as noted above, N 88deg. 28′ W 63.43 feet (passing a corner of the Emma Copenhaver lot as described in deed made the 8th day of August, 1938, between Jr. R. Fox and Martha Fox, his wife, parties of the first part, and Emma F. Copenhaver, party of the second part, said deed being recorded in the office of the clerk of the County Court of Fayette County, West Virginia, in Deed Book No. 89 at page 260) to an established corner, a fence post on line of the Emma F. Cophenhaver lot; thence leaving line of said lot and above-mentioned Route No. 60 right of way line, and with a lot N 11deg. 46′ E 100 feet to a fence corner; thence leaving said fence line and continuing thru said Copenhaver Lot, S 88deg. 28′ E 63.43 feet, (crossing a line of said lot at 43.43 feet) to a stake corner to Lot No. 17; thence with the line of said Lot No. 17, S 11deg. 46′ W 100 feet to the point beginning.
TRACT NO. 2: BEGINNING at an iron pin at a fence post on the east side of The Dews Road, said iron pin being located 115.5 feet from the intersection of U.S. Route #60 and Dews Road, and running with said road N 2-30 E 46.3 feet to a fence post on Foster’s line, and with Foster’s line S 88deg. 28′ E 150 feet to a fence post corner of Foster’s back line; thence leaving Foster and running S 2deg. 30′ W 46.3 feet to a stake corner to Lot No. 17, and with McCutcheons line N 88deg. 28′ W 146 feet to the beginning.
There are, expressly excepted and reserved form the aforesaid Tract No. 3 the following:
Reservation No. 1: That certain tract or parcel of surface land, which was conveyed by Emma Copenhaver and husband to Ben R. Hawkins, et als, Trustees of the Church of God, by deed dated January 1, 1958, and of record in the Fayette County Commission Clerk’s office in Deed Book NO. 221 at Page 244.
Reservation No. 2: That certain .146 acre tract which was conveyed by Emma F. Copenhaver, widow to Boyd S. McCutcheon and wife, by deed bearing date of June 24, 1953, and of record in the aforesaid Clerk’s office in Deed Book No. 177 at page 222.
Reservation No. 3: That certain 6,852 sq ft tract which was conveyed unto Anna Mae McCutcheon by Emma F. Copenhaver, widow, by deed bearing date of April 23, 1957, and of record in the aforesaid Clerk’s office in Deed Book No. 207 at page 467.
TRACT NO. 3: BEGINNING at a point on the northern side of Federal Road No 60 on a line of the said road, said point being 110 ft. East of The Dews Road at its intersection with Federal Road Rt. No. 60; thence running from said point south 71deg. W 110 ft. to the intersection of Dews Road with State Road Rt. Ho. 60; thence running with Dews Road on the easterly side thereof along the line of the said road N 2 ½deg. E 180 feet to a point which is in the line of the said Dews Road and which is a middle point of a line of Lot No. 20 on said Road; thence running into the Lot No. 20 N 60deg. E 158 ft. to a stake; thence running S 14deg. W 187 ½ ft. to the beginning point on Federal Road Route No. 60; thence 24,622 ½ square feet, and which embraces all of lots Nos. 18 and 19 and a part of Lot No. 20 as laid down on the map of the J. R. Fox Farm into lots and tracts.
TRACT NO. 4- That certain cellar building which abuts on the rear of the that certain store building which was reserved unto Emma Copenhaver Nutter in that certain Deed made by her and her husband to Ben R. Hawkins Et Als, Trustees of the Church of God, which deed is dated January 1, 1958, and is of record in the Fayette County commission Clerk’s Office in Deed Book No. 221 at Page 244.
TRACT NO. 5- Those certain water rights reserved unto Emma F. Copenhaver in that certain Deed made by her to Body S. McCutcheon and wife, which deed bears date of June 24, 1953, and is of record in the Fayette County Commission Clerk’s office in Deed Book No. 177 at page 222.
TRACT NO. 6- BEGINNING at a stake corner on north side of U. S. route 60, at intersection of said Route #60 and Dews Road, and running with right of way line of U. S. Route #60 a distance of 46.54 feet to a fence post, corner to McCutcheon lot, thence with Mccutcheon line and Eastern side of Store Building forty feet to South Eastern corner of Store Building; thence with rear line of Store Building a distance of 46.54 feet to the line of the Dews Road, and thence with said Dews Road line a distance of forth (40) feet to the point of beginning and being known as the Copenhaver Store Building.
At the time of the execution of the deed of trust, the property was reported to have an address of 23089 Midland Trail, Victor, WV 25938.
The sale of the foregoing real property will be made subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real estate, subject to all matters disclosed by an examination and inspection of the property, subject to any and all unpaid taxes as recorded against said property, and to any further matters announced at said sale. The property is sold subject to an accurate survey at purchaser’s expense and any unpaid real estate taxes assessed upon the foregoing described property.
The sale of the foregoing real property will also be made expressly subject to any and other deeds of trusts, judgments, liens, and all other encumbrances of any nature whatsoever, if any, having priority over the deed of trust referred to herein.
The Trustee reserves the right to adjourn the sale, for a time, or from time to time, without further notice by announcement at the time and place of sale described above or any adjournment. The Trustee reserves the right to reject any and all bids.
The subject property will be sold in “AS IS’ condition. The Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. The Trustee will deliver a Trustee’s Deed to the purchase without any covenant or warranty (express or implied) in the form prescribed by WV Code §38-1-6. The Trustee makes no representations and warranties about the title of the real estate to be conveyed. If the Trustee is unable to convey insurable or marketable title to purchaser for any reason, purchaser’s sole remedy is return of deposit.
TERMS OF SALE: CASH IN HAND by 3:00 p.m. on the day of sale in the form of a certified check or cashiers’ check made payable to “James C. Blankenship, III, Trustee.”
Purchaser shall pay for transfer tax, stamps and recording fees related to the Trustee’s Deed. Additional terms may be announced prior to the sale.
James C. Blankenship, III,
Esq., Trustee
P.O. Box 326 Fayetteville, WV 25840
WV State Bar No. 368