NOTICE OF TRUSTEE’S SALE
Notice is hereby given that by virtue of the authority under that certain deed of trust executed by David Allen Spaulding and Kelly L. Spaulding, to P. Michael Pleska and F. Thomas Graff, Jr., Trustees dated August 7, 2002, and recorded in the office of the Clerk of the County Commission of Fayette County, West Virginia, in Trust Deed Book 656, at page 620, by which was conveyed to said Trustee(s) the hereinafter described real estate to secure the payment of a certain promissory note set out and described therein, and default having been made in the payment of said note, the undersigned Substitute Trustee(s) having been appointed Substitute Trustee by an Appointment of Substitute Trustee dated May 5, 2022, and having been requested in writing by the holder of said note, will sell to the highest and best bidder on August 1, 2022 at 2:15 p.m., at the front door of the courthouse of Fayette County, West Virginia, the real estate conveyed by said deed of trust and situate in Valley District, Fayette County, West Virginia, together with easements, improvements and appurtenances thereunto belonging, and at the time of the signing of the Deed of Trust it was reported that the address was Montgomery Heights, Deepwater, WV 25057 and being more particularly bounded and described therein as follows:
Situate in Montgomery Heights, Fayette County, West Virginia
Beginning at a point which is 70.63 feet from a corner of the original Boone Ratliff property in the right-of-way line of a 30 foot street, thence S 56deg. 50′ E 96 feet to a point; thence S 33deg. 10′ W 280 feet to a point; thence N 56deg. 50′ W 96 feet to a point; thence N 33deg. 10′ E 230 feet to the beginning.
And being a part of the same tract or parcel of real estate as was conveyed unto Grady Bragg, by Deed of Patricia Bragg, dated the 17th day of April 2002, and of record in the Office of the Clerk of the Fayette County Commission, Fayetteville, West Virginia, in Deed Book 586, at page 209.
There is excepted from the above description a parcel of real estate, that tract conveyed by the Grantor to Cinda Proctor by Deed dated April 17, 2002, of record in the aforesaid County in Deed Book 586, at page 211. Being a tract of land 60 feet by 96 feet and being the southern end of the property described above.
This Deed of Trust is made and accepted subject to all validly continuing reservations, restrictions, covenants, conditions, rights of way and easements made or contained in all prior deeds in the chain of title.
This sale is made subject to any special assessments, unpaid taxes, easements, conditions, reservations and restrictions affecting the aforesaid real estate.
The property will be conveyed in an “AS IS” condition by Deed containing no warranty, express or implied, subject to 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.
Pursuant to the terms of said deed of trust, the Substitute Trustee(s) may postpone the sale by public announcement at the time and place designated for the sale. The West Virginia Housing Development Fund or its designee may purchase the property at any sale.
The Substitute Trustees 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.
TERMS OF SALE: Ten percent (10%) of the purchase price as a deposit with the balance due and payable within 30 days of the day of the sale.
DATED this 30th day of June, 2022.
Pill & Pill, PLLC, Substitute Trustee
BY: Richard A. Pill, Member
304-263-4971
[email protected]