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 7, 2007, executed by Borrower(s), Jack L McClung, Sr. and Kimberly A McClung, to Tommy J. Dixon, the Trustee of record in the office of the Clerk of the County Commission of Fayette County, West Virginia, in Book 788, at Page 693. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 210 N Ave, Oak Hill, WV 25901. WV Trustee Services, LLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated October 11, 2023, of record in the Clerk’s Office in Book 1088, Page 217. The borrower(s) 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 Fayette County, in Fayetteville, West Virginia, on the following date:
12th day of January, 2024
at 12:00 p.m.
ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWN OF OAK HILL, COUNTY OF FAYETTE AND STATE OF WEST VIRGINIA PART OF LOTS #10 AND 11, PHIPPS ADDITION TO THE CITY OF OAK HILL, BEING MORE FULLY DESCRIBED IN A DEED VOLUME 550 AND PAGE 342, MAP #32 AND PARCEL #185 and more particularly described as: Beginning at a point, a 1” x 30” Rebar (Set); said, point lies on the eastern right-of-way line of North Avenue (Formerly Church Street), a 20.0` right-of-way. Thence; leaving the right-of-way of North Avenue; and with a line common to George D. Martin, DB 527 – PG 300, Parcel #189; N 75 – 23` – 14” E, 79.20` to a point, said point is a 1” x 30” Rebar (Set), a common corner to Martin and Elizabeth Hagar and Nellie Simmons, DB 312 – PG 624, Parcel # 184, and part of Lot 11. Thence; S 15 – 15` – 30” E, 70.67` to a point, said point is a 1” x 30” Rebar (Set), a common corner to Elizabeth Hagar and Nellie Simmons and. Opal Woods, WB 50 – PG 467 – (refer to DB 480 – PG 24), Parcel # 182, and to part of Lot 10. Thence; S 63 – 55` – 00” W, 79.49` to a point, said point is a 1” x 30” Rebate (Set), said point lies on the eastern right-of-way line of North Avenue. Said point is also the common corner to Woods and to a part of Lot 10. Thence; with the eastern right of way line of North Avenue; N 16 – 00` – 00” W, 86.50` to the point and place of beginning and containing 6,183.28 square feet or 0.14 acres by survey made on June 5, 1998 by Marathon Technical Services, Inc., attached hereto and made a part of this deed. Plat is entitled “Plat of Survey for Kimberly A. and Jackie L. McClung”, Scale: 1” = 50`.
Being the same property conveyed to Jack L McClung, Kimberly A McClung by the Deed dated June 23, 1998 and recorded in Deed Book 0550 at Page 342 in the Office of the Clerk of the County Commission of Fayette 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 § 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
[email protected]