NOTICE OF TRUSTEE’S SALE
PUBLIC AUCTION
In execution of a certain Deed of Trust dated June 14, 2013, recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Trust Deed Book 914, at Page 424, given by Jessica Rice, to Frederick A. Jesser, III and Denise A. Light, 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 April 3, 2017, and recorded in the aforesaid Clerk’s Office in Trust Deed Book 981, at Page 89, 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 THURSDAY AUGUST 10, 2023, at 10:00 o’clock a.m., the following described real estate situate in Plateau District, Fayette County, West Virginia, and being more particularly bounded and described as follows, to-wit:
BEGINNING at an iron pin on the southern boundary of the road to the Riner Dairy, a corner to a 18-foot driveway; thence with said 18-foot driveway, S 7-15 W 198.20 feet to an iron pin; thence with a new line N 82-0 W 184.70 feet to a fence post; thence with a new line N 8-20 E 209.92 feet to a post on the southern edge of the aforesaid road; thence with the said S 78-17 E 181.25 feet to the beginning and containing approximately one acre, more or less.
And being the same property conveyed unto Jessica Rice by deed of Andrew S. Asbury and Deanna M. Asbury, dated the 14th day of June, 2013, and recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia in Deed Book 696, at Page 431.
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.
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 7th DAY OF JULY, 2023.
PAUL O. CLAY, JR.
SUCCESSOR TRUSTEE