NOTICE OF TRUSTEE’S SALE
NOTICE IS HEREBY GIVEN that by virtue of a deed of trust dated April 7, 2011 (the “Deed of Trust”), made by Johnny A. Long, Jr. and Jessie Long to Karen M. Yokum, Trustee, of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Trust Deed Book 1001, at Page 587, to secure First Exchange Bank in the payment of the sum of $40,000.00, evidenced by a negotiable promissory note bearing even date therewith, and First Exchange Bank being authorized and empowered to designate and appoint one or more substitute trustees in the place and stead of the trustee named in the Deed of Trust and the undersigned, Appalachian Title Services, LLC, a West Virginia limited liability company, having been so appointed by the terms of a Designation of Substitute Trustee of record in said Clerk’s office, and default having been made in the payment of said indebtedness and said Substitute Trustee having been requested in writing so to do by First Exchange Bank, the owner and holder of said note, said Substitute Trustee, on
WEDNESDAY, MAY 24, 2023 AT 10:00 A.M. EASTERN TIME
will offer for sale and sell at public auction at the front door of the Marion County Courthouse in Fairmont, West Virginia, to the highest bidder therefor, all those certain lots or parcels of real estate, together with the buildings and improvements thereon and the appurtenances thereunto belonging, lying and being situate in the Union City District, Marion County, West Virginia, and being more particularly described as follows, to wit:
PARCEL ONE: Lot No. 5, in Block 9 of said Addition, fronting 36 feet on Palatine Avenue, and extending back between parallel lines 205 feet, and Lot No. 6, in Block 9 of said Addition, fronting 36 feet on Palatine Avenue, and extending back between parallel lines 205 feet, with both lots more particularly bounded and described as follows: Beginning at a point in the southerly line of Palatine Avenue, common comer of Lots Nos. 4 and 5; thence with Palatine Avenue 72 feet to a point, common corner of Lots Nos. 6 and 7; thence with Lot No. 7, a distance of 205 feet to a point in the northerly line of an alley, another common corner of Lots Nos. 6 and 7; thence with said alley 72 feet to a point, another common corner of Lots Nos. 4 and 5; thence with Lot No. 4, a distance of 205 feet to the point of beginning, containing 14,760 square feet, more or less.
PARCEL TWO: Lot No. 4 and a small strip of Lot No. 3, in Block 9, as shown on a plat, beginning at an iron pin the southern line of Palatine Avenue, corner to Lot No. 5; and running thence with line of Lot No. 5, S. 8deg. W. 205 feet to an iron pin; thence N. 82deg. W. 37.80 feet; thence with a line running through Lot No. 3, N. 8deg. E. 205 feet to an iron pin in the southerly line of Palatine Avenue; thence with a line of Palatine Avenue, S. 82deg. E. 37.80 feet to the place of beginning, containing 7,749 square feet.
Being the same real estate conveyed to Johnny A. Long, Jr. and Jessie Long, husband and wife, from Branch Banking and Trust Company, by deed dated April 4, 2011, and recorded in the office of the Clerk of the County Commission of Marion County, West Virginia in Deed Book 1081, at Page 390.
TERMS OF SALE: Ten percent (10%) of the sales price shall be paid by cash, cashier’s check, or check guaranteed by bank letter of credit in acceptable form, in hand on the day of sale (the “Good Faith Deposit”), with the balance to be paid in cash at closing within 30 days after the date of sale. The sale of said property will be made subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real estate, and any and all unpaid taxes assessed against the Subject Property. The Subject Property shall be sold “AS IS” and “WITH ALL FAULTS.” The Substitute Trustee shall not be liable for any representations or warranties respecting the physical condition, size or characteristics of the Subject Property. Conveyance shall be by special warranty deed, and purchaser shall pay for all transfer stamps, recording fees, and other closing costs.
The risk of loss or damage to the Subject Property shall be borne by the foreclosure purchaser from and after the bid strikedown at the time of sale. The Substitute Trustee will not deliver possession of the Subject Property to the foreclosure purchaser, who shall be solely responsible for obtaining possession of the Real Property. Further, the Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the Subject Property to vacate said property, and any personal property and/or belongings remaining at the Subject Property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY TO BE DISPOSED OF ACCORDINGLY BY THE FORECLOSURE PURCHASER.
Any sale hereunder may be adjourned from time to time without notice other than oral proclamation at the time and place appointed for the sale. The Substitute Trustee reserves the right to reject any or all bids. The party secured by the Deed of Trust reserves the right to purchase the property at such sale.
Additional terms and conditions shall be announced at the sale.
At public sale any person or entity may bid and may purchase any real estate sold if they be the highest bidder. If the real estate is sold for an amount in excess of the outstanding balance of the mortgage, together with all interest, unpaid real estate taxes and costs, said excess must be used to satisfy any other encumbrances on said property and after all said encumbrances are satisfied together with all interest and costs, any excess then remaining must be paid to the Grantor. If the Grantor or any person holding an encumbrance cannot be found after a diligent search, the money shall be paid into the Circuit Court of the county for the benefit of the Grantor or the holder of any such encumbrance.
In the event that there are 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.
Dated: April 21, 2023.
APPALACHIAN TITLE
SERVICES, LLC
Substitute Trustee
P. O. Box 1081
Bridgeport, WV 26330
(304) 641-7374
[email protected]
Times: April 26, May 3, 2023
ID: 701852