Notice of Trustee Sale

NOTICE OF
TRUSTEE’S SALE
NOTICE IS HEREBY GIVEN that by virtue of a deed of trust dated March 14, 2013 (the “Deed of Trust”), made by Matthew C. Jack 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 1051, at page 895, to secure First Exchange Bank in the payment of the sum of $41,600.00, 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
FRIDAY, OCTOBER 6, 2015 AT 1:00 P.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 the following described tracts or parcels of land, together with the buildings and improvements thereon and the appurtenances thereunto belonging, situate in the Town of Grant Town, Paw Paw District, Marion County, West Virginia, reported to have, at the time of the execution of the Deed of Trust, an address of 107 Marion Avenue, Grant Town, West Virginia 26574, and being more particularly bounded and described as follows:
All of the following described tracts or parcels of real estate, situate in the Ballah Place Addition to the Town of Grant Town, Paw Paw District, Marion County, West Virginia, a map or plat of which addition is of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book 231, at pages 422-423, described as follows:
FIRST PARCEL: Lot Not 27 of said Ballah Place Addition, which lot fronts on Marion Avenue a distance of 40 feet and extends back between parallel lines a distance of 120 feet to an alley.
SECOND PARCEL: Lot No. 28 of said Ballah Place Addition, which lot fronts on Marion Avenue a distance of 40 feet and extends back between parallel lines a distance of 120 feet to an alley.
THIRD PARCEL: Lot No. 25 and Lot No. 26 of said Ballah Place Addition, each lot fronting a distance of 40 feet on Marion Avenue and extending hack between parallel lines a distance of 120 feet to an alley.
HOWEVER, according to a later survey, with Description and Plat recorded on 5 May, 2010 in the aforesaid Clerk’s Office in Deed Book 1062, at pages 895-896, said lots were combined into one parcel which contains 0.441 acres, more or less, and is described as follows:
Said property is situated at 107 Marion Avenue in the Ballah Addition to the Town of Grant Town, Paw Paw District of Marion County, West Virginia and is more particularly described as follows and as shown on accompanying plat:
Beginning at an iron pin & cap set in the northern right of way line of Marion Avenue and being the southwestern corner of Lot 29; thence running with the line of said street, N. 75° 00′ 00″ w. 160.00 feet to an iron pin & cap set, being the southeastern corner of Lot 24; thence leaving the line of Marion Avenue and running with the eastern line of said Lot 24, N. 17° 30′ 00″ E. 120.00 feet to an iron pin & cap set in the southern right of way line of a 15′ wide alley; thence running the line of said alley, S. 75″ 00′ 00″ E. 160.00 feet to an iron pin & cap set at the northeastern comer of Lot 29; and thence leaving line of ally and running with said Lot 29, S. 17° 30′ 00″ W. 120.00 feet to the point of beginning, being all lots 25, 26, 27 & 28 of said subdivision and all of parcels 64, 65 & 66 on Marion County, Paw Paw District Tax Map 05-18 and containing 0.441 acres, more or less, as shown on a plat of survey entitled “Plat Showing Property of Robert C. Jack situate at 107 Marion Avenue in the Ballah Place Addition, Grant Town, Paw Paw District, Marion County, West Virginia”, as surveyed on May 4, 2010, and prepared by C. 0. Wolfe, WV PS No. 1045 of Wolfe Associates, Inc. of Route 250 North, Farmington, West Virginia, recorded in the Clerk’s Office as aforesaid.
This property is assessed on the Land Books for the Town of Grant Town, Paw Paw Tax District, Marion County, West Virginia, for the year 2012, as follows:
JACK, Robert C. – Map l 0-18, Paree I 65,
LS 25-26-27-28 Ballah Place (Plat 1062-896)
Being the same real estate that was conveyed by Robert C. Jack to his son Matthew C. Jack, by a deed dated the 19th day of February, 2013 and of record in the aforesaid Clerk’s Office in Deed Book 1128, at Page 828.
This conveyance is made subject to all of the exceptions, reservations, covenants, conditions and limitations which are contained in prior deeds in the chain of title, and also any easements, right of ways and any out conveyances, including out conveyances of coal, oil and gas, and other minerals, and agreements, which the Grantor was subject to in his ownership of this property, only to the same extent that they are still in effect.
Which has the address of 107 Marion Avenue, Grant Town, West Virginia 26574 (“Property address”).
TERMS OF SALE: Ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) 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 said property.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. Conveyance shall be by special warranty deed, and purchaser shall pay for all transfer stamps, recording fees, and other closing costs.
Additional terms and conditions may 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: Friday, September 4, 2015
APPALACHIAN TITLE SERVICES, LLC
Substitute Trustee
P. O. Box 1081
Bridgeport, WV 26330
(304) 641-7374
appalachiantitle@
yahoo.com
Times: September 9, 16, 2015