Cabell

Legal Notices

NOTICE OF TRUSTEE’S SALE Pursuant to the authority vested in the undersigned Campbell Woods, PLLC, Substitute Trustee by Notice of Substitution of Trustee which notice is of record in the Office of the Clerk of the County of Commission of Wayne County West Virginia, and by Deed of Trust dated June 21, 2013, executed by Tracy Swimm to Flynn, Max, Miller & Miller, L.C, Trustee, which deed of trust is of record in the Office of the Clerk of Wayne County, West Virginia, in Trust Deed Book 740 at Page 509, the undersigned Substitute Trustee has been requested, in writing, by the beneficiary of said deed of trust to sell the real estate described below, as there has been a default under the terms and conditions of said deed of trust. Therefore, the undersigned Substitute Trustee will sell the real estate described in the Deed of Trust, at a public auction on October 31, 2023, at 11:15 AM, to the highest bidder at the front door of the Courthouse of said County of Wayne, in Wayne, West Virginia, which real estate is more completely described as follows: All that certain piece, tract or parcel of real estate situate on the Brushy fork of Camp Creek. Union District. Wayne County. West Virginia, bounded and described as follows: Beginning on a concrete hub in a small branch south of George Hawkins’ house; thence N. 89DEGREES 45′ W 98.6 feet to a concrete hub in the east right of way line of U.S. Route 52 (5th Street Road); thence with said right of way (the intention of this description is to convey to the said right of way) and a wire fence, S. 2DEGREES E 173.1 feet S 3DEGREES E 69.1 feet, S 35DEGREES 30′ E 61.5 feet to a 12 inch white oak with a large scalp, N 73DEGREES 30′ E 67 feet to a stake in the wire fence (supposed to be on the Chatterton line); thence leaving the wire fence and the said right of way line and running up the hill with the Chatterton line N 73DEGREES 30′ E 67 feet to a black oak stub at the point of a triangular rock; thence N 69DEGREES 45′ E 208 feet, to a 18 inch pine in the corner of the fence on the Roberts’ line; thence running around the hill with the Roberts’ line N 12DEGREES 30′ E 151.5 feet, N. 4DEGREES 30′ E 121.7 feet to a stake in a small branch (said stake referenced by a cross cut on a large rock bearing S 60DEGREES E 12.2 feet): thence with the meanders of said branch to the beginning, containing Two and One Third (2 13/8 ACRES), be the same more or less. Along with right of way over the hereinafter described real estate to be used by the party hereto for road purposes, clothing line, for the first party, his heirs, successors and assigns, said real estate being situate on the waters of Brushy Fork of Camp Creek, Union District, Wayne County, West Virginia, more particularly bounded and described as follows: BEGINNING at an iron stake in the east right of way line of Route 52. northwest corner to Shirley and Archie Cleo Arthur’s Lot; thence with said right of way N 1DEGREES W 42 feet to a Columbia Gas System line marker: thence up the hill S 70 ONE-HALF E 67 feet to an iron stake on north side of a branch; thence S 61 ONE-HALF E 44 feet to an iron slake in said branch line of said Arthur Lot: thence with their line down the branch, Due West (Protractor determined) 99 feet to the beginning, containing TWENTY TWO HUNDRED & FIFTY (2250) FEET, more or less. TERMS OF SALE 1. Cash in hand paid on the day of sale. 2. The sale of the property will be made subject to all matters having priority over the deed of trust referred to herein including but not limited to any and all assessments and taxes against said property, all prior liens, encumbrances, lease, restrictions, covenants, conditions, rights of way and easements of any nature whatsoever. 3. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code 11-22-2. 4. The subject property will be sold in “AS IS” condition. The Substitute Trustee makes no representations and warranties of any kind or character including, but not limited to, the condition of the real estate or the title to the real estate to be conveyed. 5. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. 6. The Substitute Trustee reserves the right to adjourn the sale, for a time, or from time to time, without further notice by announcement at the time and place of the sale described above. 7. The beneficiary of the Deed of Trust and holder of the note thereby secured reserves the right to submit a bid for the property at the sale, which bid may be in the form of a credit bid. 8. Such other terms as may be announced at the time of Sale. Given under my hand this 6th day of October, 2023. Campbell Woods, PLLC, Substitute Trustee By: J. Patrick Jones, Membe

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