NOTICE OF TRUSTEE’S SALE
NOTICE OF TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, WV Trustee Services, LLC, by that certain Deed of Trust dated February 6, 1998, executed by Borrowers, Dawn L Fox and James R Fox, to O Gay Elmore, Jr., the Trustee of record in the office of the Clerk of the County Commission of Mercer County, West Virginia, in Book 795, at Page 765. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 716 Augusta St, Bluefield, WV 24701. WV Trustee Services, LLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated April 25, 2023, of record in the Clerk’s Office in Book 1457, Page 231. The borrowers defaulted under the Note and Deed of Trust and the Substitute Trustees have been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustees 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 the following date:
18th day of July, 2023 at 11:45 a.m.
All those certain lots or parcels of real estate situate, lying and being in the City of Bluefield, Mercer County, West Virginia, known as Lots 10 and 11 and a four (4) feet wide strip adjoining and abutting on the east side of Lot 11, in Section 892 of said City, as shown on a Plat attached hereto and to be recorded herewith, said Plat bearing the legend “PLAT SHOWING PROPERTY BEING ACQUIRED BY JAMES R. & DAWN L. FOX, BEING LOTS 10 & 11 OF SECTION 892, BLUEFIELD, W. VA, MERCER COUNTY, DATE: DEC. 3, 1979, SCALE 1″ = 40`, DRAPER-ADEN ASSOCIATES, INC., Engineers – Surveyors – Planners, P.O. box 927, BLACKSBURG, VIRGINIA 24060,” and more particularly bounded and described as follows: BEGINNING at a point in the north line of Augusta Street, S. 65deg. 24` W. 272.5 feet from the intersection of the west line of said point being the southeast corner of Lot 9, Section 892; thence with the west line of said Lot 9, Section 892, N. 24deg. 36` W. 157.4 feet to a point in the south line of Melrose Street, said point being the northeast corner of the said Lot 9, Section 892; thence with the south line of Melrose Street, N. 69deg. 58` E. 100.51 feet (100.72 called for in prior deeds), more or less to a point at the intersection of the south line of Melrose Street with the east line of a four (4) feet wide abandoned alley, said point being the northwest corner of Lot 1, Section 833A; thence with the east line of said abandoned alley and the west line of Lot 1, Section 833A, S. 28deg. 20` E. 150.00 feet (149.7 called for in prior deeds) more or less to a point in the north line of Augusta Street, said point being the southwest corner of Lot 1, Section 833A; thence with the north line of Augusta Street, S. 65deg. 24` W. 110 feet to the point of BEGINNING; and being the same property which was conveyed unto James R. Fox and Dawn L. Fox, his wife, from Larry David Lucas and Nancy Margaret Lucas, his wife, by Deed dated the 19th day of December, 1979, which said Deed is of record in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Deed Book 582, at Page 209.
Being the same property conveyed to Dawn L Fox and James R Fox by the Deed dated December 13, 1979 and recorded in Deed Book 582 at Page 209 in the Office of the Clerk of the County Commission of Mercer County, West Virginia.
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 ยง 11-22-1.
3) 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.
4) 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.
5) The Trustee 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.
6) The total purchase price is payable to the Trustee within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale.
WV Trustee Services, LLC,
Substitute Trustee
BY: Dionne Reynolds,
Limited Signing Officer
WV Trustee Services, LLC
McGuire Office Center
618 Tenth Street, Suite 108
Huntington, WV 25701
(304) 853 3336
dionne.reynolds@
wvtrusteeservices.com
ID: 717042