Legal Notices

NOTICE OF TRUSTEE’S SALE Pursuant to the authority vested in the undersigned J. Patrick Jones, 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 West Virginia, and by Deed of Trust dated October 17, 2012, executed by Stephen F. Carey to P. Michael Pleska and F. Thomas Graff, Jr., Trustees, which deed of trust is of record in the Office of the Clerk of Wayne County, West Virginia, in Trust Deed Book 731 at Page 95, 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 March 11, 2020 at 11:15 a.m. 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 lot, piece or parcel of real property situate on the Middle Fork of Wilsons Creek, Union District, Wayne County, West Virginia, being more particularly bounded and described as follows: BEGINNING at a point in the center of the Middle Fork of Wilson Creek in the line of Philip F Cyrus (DB.589 PG 529); thence leaving said Cyrus and severing the lands of Stephen F. Carey (DB 551 PG 808) crossing Local Service Route 17/6, North 55 51′ East 92.54 feet to a 1/2 inch rebar and cap (set) corner to Thomas J. Kinsey (DB 557 PG 753); thence with same up the hill, North 82 12′ East 339.20 feet to a 1/2 inch rebar and cap (set) below a private road; thence around the hill, North 34 10′ East 180.50. feet to a 16 inch ash, North 23 43′ East 89.83 feet to a point in a fence line. North 38 06′ East 52.48 feet to a point in a fence line, North 55 07 East 43.85 feet to a 1/2 inch rebar and cap (set); thence leaving the fence, South 87 36′ East 146.34 feet, to a 1/2 inch rebar and cap (set); thence leaving said Kinsey and again severing the lands of Stephen F. Carey over the hill South 15 39′ East 638.40 feet to a point in a fence and in the line of Odis Spence (DB 500 PG 523); thence with said Spence and fence, South 45 11′ West 161.02 feet to a double elm (found); thence crossing a private road, South 63 54′ West 258.15 feet to a walnut (found) corner to Michael R. Shafer (DB 586 PG 800); thence leaving said Spence and with said Shafer, North 76 27′ West 133.33 feet to a spike in a rock (found) in the easterly line of said Route 17/6; thence with same, North 45 15′ West 217.80 feet to a hacked maple (found); thence crossing said right of way, South 51 00′ West passing a 1/2 inch rebar (found) in the westerly line of said right of way at 33.05 feet, in all 51.36 feet to a point in the center of said Creek and corner to Philip F. Cyrus (DB 531 PG 712); thence leaving said Shafer and with said Cyrus down said Creek, North 35 04′ West 42.27 feet, North 43 01′ West 113.39 feet, North 51 45′ West 57.91 feet, North 36 49′ West 56.96 feet, North 40 18′ West 132.09 feet to the BEGINNING containing Nine and Seven Hundred Fifty-Five, One-Thousandths (9.755) Acres, more or less, as surveyed.by Randy B. Fry, PS on February 2, 1998; TOGETHER with an easement for a waterline granted by Thomas J. Kinsey and an easement for a road heretofore granted unto Jesse Cyrus and recorded in Deed Book 449 at Page 723. 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 18th day of February, 2020. J. Patrick Jones, Substitute Trustee 304-529-8560 LH-88553 2-19,26;2020