TRUSTEE’S SALE
TRUSTEE’S SALE OF
VALUABLE REAL ESTATE
Pt. Lot 10, BIk. 6, Monroe St., Montgomery, West Virginia
Assessor’s Account No. 006337109
By a Deed of Trust dated March 25, 2022 and duly recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed of Trust Book 1065 at Page 376, Charles Winnell and Amber Winnell did convey unto Erwin L. Conrad and Jamison T. Conrad, Trustees, either of whom may act, the certain real property below described. Default having occurred under the Deed of Trust and the Beneficial Holder, WV Property Brothers, LLC, having instructed the undersigned Trustee to foreclose, this Real Property will be sold at Public Auction at the front door of the Fayette County Courthouse, 100 Court Street, Fayetteville, West Virginia 25840 on
Thursday, August 10, 2023 at 10:00 o’clock A.M.
The Property for sale as described by the Deed of Trust is described as
follows: the following described tracts or parcels of land, together with any improvements thereon, rights incidental thereto, and any appurtenances thereunto belonging, situate in the City of Montgomery District, Fayette County, West Virginia, which property is more particularly bounded and described as follows:
BEGINNING at a point on the West line of Monroe Street, which point is 20 feet south of the intersection of Monroe Street and Second Avenue and on the Eastern line of lot 10 in Block 6; thence along Monroe Street S 2deg. 20′ E 33.58 feet to a pin; thence across said Lot 10 in Block 6 S 87deg. 40′ W 40.0 feet to a pin on the western line of said lot; thence, along the divide line between Lots 9 and 10 in Block 6 N 2deg. 20′ W 33.58 feet to a point; thence across said lot N 87deg. 40′ E 40.0 feet to the point of beginning, and being a part of Lot 10 in Block 6 and designated as Lot B on a certain map entitled “Map Made for Joe Tabit showing the Subdivision of Lot 10 in Block 6 in the City of Montgomery, West Virginia, Scale 1″ – 20′ March 22nd, 1954” prepared by W.R. Wise, which map is of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia.
And being the same Tract or Parcel conveyed to Charles Winnell and Amber Winnell by West Virginia Property Brothers, LLC by Deed dated March 22, 2022 recorded immediately prior to the recordation of the afore-referenced Deed of Trust.
The Purchaser will take the Property subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases, and other servitudes of record, if any, pertaining to said real property.
The Purchaser will be responsible for paying any transfer stamps, excise taxes, and recording costs associated with the recording the Trustee’s Deed into their name
The Purchaser will be responsible for paying any unpaid Property Tax owed to the Sheriff of Fayeffe County prior to or following the sale directly to the Sheriff.
The Purchaser will take the property subject to any Deed of Trust, Judgment, Lien, and any other encumbrance having priority over the Deed of Trust referred to herein.
The Purchaser will take the Property subject to any Deed of Trust, Judgment, Lien and any other encumbrance that is junior (“Junior Claims”) to this Deed of Trust and
to which sufficient Notice was not given. In that case, unless such right to notice is waived, the chain of title shall not merge with the Deed of Trust as to those unnoticed Deeds of Trust, Judgments, Liens, and other encumbrances and will be subject to further noticed and published Sale under this Deed of Trust pursuant to W. Va. Code 38-1-4, in which bidding shall resume at the last highest bid given. In the event of a surplus of such Sale, the
Mortgagors and noticed Junior Lien Holders are hereby on Notice that if such surplus is less than $2,500.00, then, the Trustee will disburse those proceeds to the most senior Interest Holder as it sees fit, unless an objection is made in writing.
The Trustee does not guarantee or
represent that the boundaries described above are accurate, are not
encroached upon, or that any particular structure located on the property is contained within the described boundaries. The Property is therefore sold subject to an accurate survey at Purchaser’s expense. The Trustee reserves the right to adjourn the sale, for a time, or from time to time, by announcement at the time and place of the Sale described above or any adjournment thereof. Such adjournment shall be noticed by posting a Notice at the Front Door of the Court House or where such notices are traditionnally posted at the County Court House. Such Notice will include the Date and Time when such Sale shall reconvene.
The Trustee reserves the right to reject any and all bids for any reason. The Trustee makes no representations to the condition of the Property. The property will be sold in “AS IS” condition.
The Trustee makes no representation as to whether the property is occupied. The Purchaser is responsible for gaining access and possession of the property. The Trustee shall be under no duty to cause any existing Tenant or Person occupying the subject Property to vacate said property.
The Purchaser may assign its rights prior to the delivery of the Trustee’s Deed by a signed request in writing to the Trustee, the Assignee of the Purchaser shall be bound by all terms and conditions of the Purchaser.
The Trustee will deliver a Trustee’s Deed to the Purchaser without any
covenant or warranty (express or implied) in the form prescribed by W. Va. Code 38-1-6. The Trustee makes no representations or 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, Purchasers sole remedy is return of deposit.
TERMS OF SALE: Purchaser must bring Two Thousand ($2000.00) Dollars cash in hand at the time of Sale as a deposit in the form of a Certified Check or Cashier’s Check made payable to Conrad & Conrad, PLLC. Those appearing without their deposit will not be allowed to bid. The balance of the successful Purchaser’s Bid must be proffered in cash within 30 days of the date of sale. Purchaser shall pay for Transfer Stamps and Recording Fees. Additional Terms of Sale may be announced prior to the Sale.
Erwin L. Conrad, Trustee
WV State Bar #805
CONRAD & CONRAD, PLLC
P.0. Drawer 958
Fayetteville, WV 25840
Ph: 304-574-2800
Fax No.: 304-574-2460
ID: 726077