Fayette

Legal Notice

TRUSTEE’S SALE OF
VALUABLE REAL ESTATE

The undersigned Substitute Trustee, by virtue of the authority vested in it by that certain Deed of Trust dated May 22, 2014, and duly recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed of Trust Book 930, at Page 316, Jason A. Malay and Amanda D. Malay did convey unto Frederick A. Jesser, III, Trustee, certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Pill & Pill, PLLC as Substitute Trustee by a Substitution of Trustee recorded in the aforesaid Clerk’s Office; and default having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by the secured party to foreclose thereunder, will offer for sale at public auction at the front door of the Fayette County Courthouse, in Fayetteville, West Virginia, on

December 5, 2023, at 1:15 PM

The following described real estate, with its improvements, easements and appurtenances thereunto belonging, situate in the Plateau District, Fayette County, West Virginia, and more particularly described as follows:
TRACT 1
BEGINNING at an iron pin on the south side of the Pea Ridge Road, corner to Parcels B and C; thence leaving Parcel B and with the south side of said Pea Ridge Road, S 65 27 E 169.30 feet to an iron pin, corner to Avis Partain and Parcel C; thence leaving said road with Partain S 25 08 W 175.02 feet to an iron pin, corner to Partain and Parcel C-1 and on line of John E. Snead; thence leaving Partain and with said Snead and Parcels C-1, C, B, and A with the following calls:

N 65 10 W 1361.99 feet to an iron pipe (found); thence N 65 10 W. 94.60 feet to an iron pipe (found), corner to Parcels A and B; thence N 57 02 W 77.30 feet to an iron pipe (found); thence N 22 37 E 37.07 feet to an iron pin; thence with Parcel or Lot No. 5, S 77 42 E 75.25 feet to an iron pin corner to Lot 5 and Parcel B; thence with Parcel B, S 65 10 E 68.70 feet to an iron pin, corner to Parcel B; thence through Parcel C, N 21 47 E 120.03 feet to the place of BEGINNING, containing a total of 0.827 of an acre, including Parcels A, Part B, C and C-1.

Reference is here made to a resurvey on August 3, 1987 by Benbob, Inc. for a more complete and accurate description of said property.

TRACT II
BEGINNING at an iron pin on the south side of Pea Ridge Road, corner to Parcels B and C, and with the south side of said Pea Ridge Road N 65 27 W 6.0 feet to the original corner of the Edith L. Radford and Jerry L. Radford tract; thence S 21 47 W 120.03 feet to a point; thence S 65 10 E 6.0 feet to a pin; thence N 21.47 E 120.03 feet to the BEGINNING. The above described 6 foot strip being more particularly described upon and outlined on a map entitled “Parcels A, Part B, C, C01, owned by West Virginia Housing Development to be conveyed unto Michael Edward Cales and Drema Gail Cales, situate on Pea Ridge road, near Oak Hill, Plateau District, Fayette County, West Virginia, Scale 1” = 30?, August 3, 1987.”

At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 300 Pea Ridge Road, Oak Hill, WV 25901.

AND BEING the same real estate which was conveyed to Jason A. Malay and Amanda D. Malay, by Deed dated May 16, 2014, from Robert S. Williams and Dana L. Bontempi f/n/a Dana L. Martin, and recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed Book 713, at Page 52.
The above-described property will be sold subject to any covenants, restrictions, easements, leases and conditions of record, and subject to any unpaid real estate taxes.
The subject property will be sold in “AS IS” condition. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
TERMS: Ten percent (10%) of the purchase price as a deposit with the balance due and payable within 30 days of the day of sale.

Pill & Pill, PLLC, Substitute Trustee

Matthew R. Leonard,
Authorized Signatory

P. O. Box 440, 85 Aikens Center, Martinsburg, WV 25404
Phone (304) 263-4971,
Fax (304) 267-5840, e-mail:
[email protected]