Legal Notices

NOTICE OF TRUSTEE’S SALE OF VALUABLE REAL ESTATE The undersigned Substitute Trustee, by virtue of the authority vested by that certain Deed of Trust dated March 2, 2011, and of record in the Office of the Clerk of the County Commission of Lincoln County, West Virginia, in Trust Deed Book 225, at page 572. In which Walter L. Smith and Doris A. Smith, did convey unto Jeremiah F. McCormick, as Trustee, for West Virginia Federal Credit Union, beneficiary of said deed of trust, and which beneficiary West Virginia Federal Credit Union did further elect and appoint L. Richard Dorsey, II, as Substitute Trustee, by a Substitution of Trustee dated December 9, 2020, and recorded in the aforesaid Clerk’s Office in Trust Deed Book 282, at page 534, on December 17, 2020. Default having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by the secured party to foreclose pursuant to said deed of trust, will offer for sale at public auction, at the front door of the Lincoln County Courthouse, in Hamlin, West Virginia, on February 1, 2021, at 10:00 o’clock am. At the time of the execution of the Deed of Trust the Grantor represented the property to have a physical address of 203 Ely Fork Road, Sumerco, WV 25567, said property is described on the attached Exhibit A. Being the same property conveyed unto Doris A. Smith, by Doris A. Smith (aka Doris A. Miller), by Deed dated January 23, 2013, and recorded in the Office of the Clerk of the County Commission of Lincoln County, West Virginia in Deed Book 361, at page 158. TERMS OF SALE: 1. $5,000.00 in Cash or certified funds on the day of sale with the balance due in 30 days 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 easements and taxes against said property, all prior liens, encumbrances, leases, restrictions, covenants, conditions, rights of ways and easements of any nature whatsoever, Subject to the redemption rights of the Internal Revenue Service as set forth in 11 U.S.C. 7425. 3. The purchasers at the sale shall be responsible for paying the recording costs and also the tax on the privilege of transferring real property (the cost of the tax stamp to be affixed to the deed). The purchasers shall be responsible for payment of all real estate taxes. 4. Subject property is sold “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 conveyed. real estate will be conveyed with no covenants of warranty, and subject to all covenants, restrictions, easements, rights of way and reservation which may be a matter of record in the aforesaid Clerk’s Office or visible upon the ground, all prior liens and encumbrances, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges. Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. 5. 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 may be in the form of a credit bid. 6. All other terms as may be announced at time of sale. 7. FEDERAL TAX LIEN: In the event that there are any Federal Tax Liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer. 8. Pursuant to the Deed of Trust, the Trustee may postpone the sale by public announcement at the time and place designated or by posting notice of the same, and act by agent in the execution of the sale. The parties secured by the Deed of Trust reserve the right to purchase the property at such sale. Given under my hand this 4th day of January, 2021. L. Richard Dorsey, II, Substitute Trustee File#: 20-RE-288 EXHIBIT A All that certain lot, tract, or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate on the waters of Ely Creek, Washington District, Lincoln County, West Virginia, more particularly bounded and described as follows: Beginning on a 30″ beech and running N. 82 3′ W. one hundred and ninety-seven and 42 one-hundredths feet (197-42/100) to a 1-1/4″ iron pipe; thence N. 43 10′ one hundred and forty-one and 46 one-hundredths (141-46/100) feet to a 1-1/4″ iron pipe; thence continuing in the same direction N. 33 30′ W. fifty-nine feet to a 1-1/4″ iron pipe; thence N. 52 25′ E. one hundred and twelve and 56 one-hundredths (112-56/100) feet to a 1-1/4″ iron pipe; thence S. 48 50′ E. one hundred and fifty-seven feet to an X on bridge wing wall; thence continuing in the same direction S. 37 15′ E. one hundred and fifty-seven feet to the 30″ beech, the beginning corner, containing eighty-three one hundredths (83/100) of an acre, more or less, as shown on a map of said property made by Wm. T. Watts, Land Surveyor, dated August 13, 1972, recorded in the Office of the Clerk of the County Commission of Lincoln County, West Virginia. Being the same property conveyed unto Doris A. Smith, by Doris A. Smith (aka Doris A. Miller), by Deed dated January 23, 2013, and recorded in the Office of the Clerk of the County Commission of Lincoln County, West Virginia in Deed Book 361, at page 158. LC-104065 01-07,14;2021