Source: September 14, 2018 0 Comments Read More →

NOTICE OF SUCCESSOR TRUSTEES SALE

NOTICE OF SUCCESSOR TRUSTEE’S SALE
The undersigned Successor Trustee, by virtue of the authority vested him by that certain Appointment of Successor Trustee dated August 24, 2018, and recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Trust Deed Book 1003, at page 20, executed by Thomas H. Moffit, Jr., the beneficiary and secured party of the hereinafter Deed of Trust, wherein Scott Alexander Berg and Kelly Marie Berg, husband and wife, secured that certain Negotiable Promissory Note, executed and delivered unto the said Thoams H. Moffit, Jr. by Deed of Trust dated September 28, 2015, and duly recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Trust Deed Book 958, at Page 708, and by virtue of said Deed of Trust, Scott Alexander Berg and Kelly Marie Berg, husband and wife, did convey unto the Trustee certain real property described in said Deed of Trust, and default having been made in the payment of the Negotiable Promissory Note secured thereby, and a Notice of Right to Cure Default having been duly mailed to the said Scott Alexander Berg and Kelly Marie Berg, husband and wife, as required by law, and the undersigned Successor Trustee having been appointed and instructed by the secured party to foreclose thereunder, NOTICE is hereby given that the undersigned shall offer for sale at public auction at the front door of the Fayette County Courthouse located on Court Street in Fayetteville, West Virginia, on September 25, 2018, at 10:00 a.m., the following real estate, together with any improvements thereon, appurtenances thereunto belonging and rights incidental thereto, situate in the City of Oak Hill, Fayette County, West Virginia, and being more particularly bounded and described as follows, to-wit:
BEGINNING at a point on rock on Collinwood Drive, common corner to Howell; thence with said Collinwood Drive S. 55-23′ E 100.00 feet to a 1/2″ pipe (found), corner to Blankenship S 46-19′ W 225.43 feet to a 1″ pipe (found) on line of Carter; thence with Carter line N 25-10′ W 60.00 feet to a 1″ pipe (found), corner to Howell; thence with Howell N 33-54′ E 190.50 feet to the point of beginning, containing 0.37 acres, as set forth on that certain map or plat dated September 5, 2001, by Plateau Surveying & Mapping.

And being the same real estate which was conveyed unto Scott Alexander Berg and Kelly Marie Berg, husband and wife, by Deed of thomas H. Moffit, Jr., dated September 28, 2015,, and of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed Book 728, at Page 414.

The sale of the foregoing real 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, subject to all matters disclosed by an examination and inspection of the property, subject to any and all unpaid taxes as recorded against said property, and to any further matters announced at said sale. The property is sold subject to an accurate survey at purchaser’s expense and any unpaid real estate taxes assessed upon the foregoing described property.
The sale of the foregoing real property will also be made expressly subject to any and other deeds of trusts, judgments, liens, and all other encumbrances of any nature whatsoever, if any, having priority over the deed of trust referred to herein.
The Successor 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 sale described above or any adjournment. The Successor Trustee reserves the right to reject any and all bids.
The subject property will be sold in “AS IS’ condition. The Successor Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. The Successor Trustee will deliver a Successor Trustee’s Deed to the purchase without any covenant or warranty (express or implied) in the form prescribed by West Virginia Code 38-1-6. The Successor Trustee makes no representations and warranties about the title of the real estate to be conveyed. If the Successor Trustee is unable to convey insurable or marketable title to purchaser for any reason, purchaser’s sole remedy is return of deposit.
TERMS OF SALE: Cash in hand by 3:00 p.m. on the day of sale in the form of a certified check or cashier’s check made payable to “James C. Blankenship, III, Successor Trustee”. Purchaser shall pay for transfer tax, stamps and recording fees. Additional terms may be announced prior to the sale.

James C. Blankenship, III, Esq.,
Successor Trustee
P.O. Box 326
Fayetteville, WV 25840
WV State Bar ID No. 368
9-14-FRI-2-RH; LG 141741

ID: 141741