TRUSTEE’S SALE
TRUSTEE’S SALE OF VALUABLE REAL ESTATE
Tract No. 1 (0.098 Acres) and Tract No. 2 (.80 Acres) 521 24th Street, Oak Hill, Fayette County,
West Virginia
By a Deed of Trust dated June 6, 2001 and duly recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed of Trust Book 619
at Page 315, Martin C. Coleman, Jr.
and Rebecca K. Coleman, did convey unto Ronald E. Clay and/or Erwin L. 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, PENDLETON COMMUNITY BANK, Successor by merger to Bank of Mount Hope, Inc., 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 31, 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 real estate, together with any improvements thereon, appurtenances thereunto belonging and rights incidental thereto, is situate in the City of Oak Hill, Fayette County, West Virginia, and being more particularly bounded and described as follows, to-wit:
TRACT 1: BEGINNING at a point on the western right of way of Twenty Fifth Street, said point being the original common corner of revised parcels No. 1 and No. 3; thence leaving Twenty Fifth Street, and with the common original line of revised parcels No. 1 and No. 3 – S 85deg. 29′ W 177.39 feet to a point at the original corner of revised parcels No. 1 and No. 3; thence with a new line through revised parcel No. 1 S 64deg. 23′ W 134.55 feet to a point on the western right of way of an alley, and on line of revised parcel No.1; thence with revised parcel No. 1, said alley in part S 51deg. 28′ E 70.98 feet to the point of beginning, and containing 0.098 of an acre.
And being the same real estate which was conveyed unto Martin C. Coleman, Jr. and Rebecca Coleman, his wife, by deed of Virgia S. Coleman, dated the 26th day of March, 1998, and of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia in Deed Book 547, at Page 498.
TRACT NO. 2: BEGINNING at a point at the common corner of revised Parcel No. 2 and 3, said point being on the northern right-of-way of Twenty Fourth Street; thence leaving Twenty-Fourth Street, and with the common line of Revised Parcels Nos. 2 and 3, N 13deg. 21′ W 181.96 ft. to a point at the common corner of Revised Parcels Nos. 2 and 3, said point being on line of Revised Parcel No. 1; thence with the common, line of Revised Parcels Nos. 1 and 3 for the following two calls: (1) N 64deg. 23′ E 20.43 feet; (2) N 85deg. 29′ E 177.39 feet to a point at the common corner of revised Parcels Nos. 1 and 3, said point being on the western right-of-way of Twenty-Fifth Street; thence with the right-of-way of Twenty-Fifth Street and Revised Parcel No. 3, S 4deg. 36′ E 90.00 feet to a point at the intersection of Twenty-Fourth and Twenty-Fifth Streets; thence with the right-of-way of Twenty-Fourth Street, and Revised Parcel No.3, S 584deg. 46′ W 147.83 feet to a point; thence continuing with Twenty-Fourth Street, and Revised Parcel No. 3, N 81deg. 54′ W 21.49 feet to the common corner of Revised Parcels Nos. 2 and 3, and being the point of beginning, and containing 0.80 of an acre.
And being the same real estate which was conveyed unto Martin C.
Coleman, Jr. and Rebecca Coleman, his wife, by deed of Virgia S. Coleman, single, dated the 1st day of April 1997, and of record in the aforesaid Clerk’s Office in Deed Book 539, at Page 36.
And further, being the same conveyed in Trust by the aforesaid Deed of Trust of record in the aforesaid Commission Clerk’s Office in Trust Deed Book 619 at Page 315.
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 Fayette 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 adjoum 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 traditionally 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 Trustees 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, Purchaser’s sole remedy is return of deposit.
TERMS OF SALE: Purchaser must bring Five Thousand ($5000.00) 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 20 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.O. Drawer 958
Fayetteville, WV 25840
Ph: 304-574-2800
Fax No.: 304-574-2460
ID: 728568