Take notice that on May 29, 2015, at 10:00 a.m., at the front entrance of the Marion County Courthouse, Fairmont, West Virginia, the undersigned substitute trustee will sell at public auction to the highest bidder the real estate hereinafter described pursuant to that certain credit line deed of trust dated December 24, 2004, executed by Martin Morgan and Jay Morgan to Eric H. London, Trustee, of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Trust Deed Book No. 825, at page 23, default having been made therein, being all that certain parcel of real estate situate in the Town of White Hall, Grant District, Marion County, West Virginia, described as follows:
Beginning at a point in the asphalt parking lot of the Middletown Mall property in the southern line of Revised Tract No. 1, said point being located S. 77° 39′ 07″ E. 192.01 feet from a P. K. nail found at the corner of a parcel previously conveyed to Chatta, LLC; thence running with a line of Revised Tract No. 1, S. 77° 39′ 07″ E. 24.83 feet to a point; thence leaving said tract and running with a line 12.00 feet distant from and parallel to the northeastern wall of the former Shop N Save building, S. 47° 38′ 37″ E. 185.50 feet to a point; thence with a line 25.00 feet distant from and parallel to the southeastern building wall, S. 42° 21′ 23″ W. 164.00 feet to a point; thence with a line 12.00 feet distant from and parallel to the southwestern building wall, N. 47° 38′ 37″ W. 207.00 feet to a point; thence with a line 12.00 feet distant from and parallel to the northwestern building wall, N. 42° 21′ 23″ E. 151.58 feet to the place of beginning, containing 0.78 acres, as shown on a plat of survey prepared by Landmark Surveying Company, Fairmont, West Virginia, and having an address of 9803 Mall Loop Road, White Hall, West Virginia 26554, which real estate was conveyed unto Martin Morgan by deed from Southland Properties, LLC, dated December 24, 2004, of record in said Clerk’s office in Deed Book No. 999, at page 868.
By written substitution of trustee dated April 15, 2013, of record in said Clerk’s office in Trust Deed Book No. 825, at page 23, Jarrod G. DeVault was substituted as Substitute Trustee under the provisions of said deed of trust.
Terms of Sale: 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, exceptions, reservations, encumbrances, restrictions, agreements, rights of way, easements, covenants, conveyances and conditions of record, affecting the subject property. The Purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code §11-22-1. 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. 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. The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate the property, and any personal property and/or belongings remaining at the property after the foreclosure sale will be disposed of in accordance with the terms of said deed of trust. The total purchase price is payable to the trustee by cashier’s check, cash or the equivalent on the date of sale.
Dated: April 24, 2015
Jarrod G. DeVault,
Times: May 15, 22, 2015