NOTICE OF SUCCESSOR
TRUSTEE’S SALE
Notice is hereby given, by virtue of the authority vested in the undersigned Successor Trustees, Eric M. Johnson and R. Douglas Calderwood, by that certain Deed of Trust made by John J. Childress II and Rebekah Childress, dated November 5, 2003 and recorded November 6, 2003 in the office of the Clerk of the County Commission of Raleigh County, West Virginia in Trust Deed Book 5011 at page 284, the said Successor Trustees acting by virtue of that certain Appointment of Successor Trustee dated June 10, 2019 and recorded June 21, 2019 in the aforesaid Clerk’s office in Resignation and Substitute Trustee Book 5069, at page 7932, and default having been made in the payment of the Note secured by the aforesaid Deed of Trust, and having been requested in writing by the owner and holder of the Note, will offer for sale, at public auction, to the highest bidder at the front door of the Courthouse of Raleigh County, West Virginia, on September 19, 2019 at 11:00 a.m., all that certain lot, piece or parcel of real property, together with improvements thereon, situate in Daniels, Shady Spring District, Raleigh County, West Virginia, being more particularly bounded and described as follows:
A condominium apartment situate in a Multi-Unit Area consisting of 8.982 acres in Phase One of Glade Springs of Development,” made by James E. Cook, R.P.E. dated July 3, 1972, and of record in the Office of the Clerk of the County West Virginia, in Map Book 11, at page 124, which said condominium apartment is more particularly described as follows:
All of Apartment No. 10 of the Fairway Villas Condominium as the same is shown on a Declaration Plan entitled “Declaration Plan for Fairway Villas Condominium Multi-Unit Area consisting of 8.982 acres, Glade Springs, Shady Spring District, Raleigh County, West Virginia, Raleigh County, West Virginia” made by James E. Cook, R.P.E., dated October 13, 1972, and of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Map Book 12, at page 19 (hereinafter called “Declaration Plan”).
And being the same property acquired by John J. Childress II and Rebekah Childress, by Deed dated November 4, 2003, from BGM Associates Inc., to be recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, prior to or simultaneously herewith.
Together with a five percent (5{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) undivided interest as tenant in common in and to the common elements which are assigned to said Apartment No. 10 and described in the Declaration Plan Establishing a Plan for Condominium Ownership of a Multi-Unit Area consisting of a 8.982 acres in Glade Springs in Shady Spring District, of Raleigh County, West Virginia, pursuant to Chapter 36A of the Code of West Virginia of 1931, as amended (also known as the Unit Property Act), which said Declaration is dated October 13, 1972, and is of record in the aforesaid Clerk’s Office in Deed Book 519, at page 395, and which
is hereinafter called “Declaration.”
At the time of execution of the deed of trust, the grantor represented that the address of the property was 249 Club Circle Drive, Daniels, WV 25832.
TERMS OF SALE: The Premises will be sold “AS IS, WHERE IS,” in its present condition and with all faults and defects, if any. The property will be conveyed by deed with no covenants of warranty of title. The property shall be sold subject to all liens not discharged by the sale, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges and liens with priority to the Deed of Trust pursuant to which this sale is being conducted. The property shall be sold subject to all covenants, restrictions, easements, rights of way and reservations which may be a matter of record in the aforesaid Clerk’s office or visible upon the ground. The property will be sold for cash in hand on the date of sale to the highest bidder. 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 stamps to be affixed to the deed). The Successor Trustees and United Bank shall not be responsible for the removal of any person or personal property from the Premises.
Pursuant to the Deed of Trust, the Successor Trustees may postpone the sale by public announcement at the time and place designated and act by agent in the execution of the sale. The parties secured by the Deed of Trust reserve the right to purchase the Premises at such sale.
Dated: August 15, 2019
Eric M. Johnson Esq.
sig: R. Douglas Calderwood
Successor Trustees
200 Capitol Street
Charleston, WV 25301
(304) 347-4253
8-27-TUE-2-RH; LG 290813
ID: 290813