Legal 3 col x 6”
0722 0729
NOTICE OF TRUSTEE’S SALE
Pursuant to the authority vested in the undersigned Joel P. Jones, Jr. or J. Patrick Jones, either of whom may act, Substitute Trustees by Notice of Substitution of Trustees, which notice is of record in the Office of the Clerk of the County of Commission of Clay County, West Virginia, and by Deed of Trust dated April 13, 2000, executed by Keith J. Fitzwater and Nicole Fitzwater to W. Brad Sorrells, Trustee, which deed of trust is of record in the Office of the Clerk of Clay County, West Virginia, in Trust Deed Book 98 at Page 361, the undersigned Substitute Trustee has been requested, in writing, by the beneficiary of said deed of trust to sell the real estate described below, as there has been a default under the terms and conditions of said deed of trust. Therefore, the undersigned Substitute Trustee will sell the real estate described in the Deed of Trust, at a public auction on August 4, 2021, at 11:00 a.m. to the highest bidder at the front door of the Courthouse of said County of Clay, in Clay, West Virginia, which real estate is more completely described as follows:
All that certain tract or parcel of real estate situate on the waters of Middle Creek, in Pleasant District,
Clay County, West Virginia, being more particularly bounded and described as follows:
BEGINNING at a point in a drain on the east right of way line of West Virginia State Route 16 and on the
south side of a county road, corner to the tract herein described; thence leaving said Route 16 and with
the south side of said county road, South 35o 35’ 00” East, a distance of 156.28 feet to a rebar set, corner
to Alice Gay Knotts and the tract herein described; thence leaving said county road and with Knotts the
following three calls, South 57o 16’ 00” West, a distance of 118.00 feet to a 1” iron rod found; thence
North 87o 54’ 00” West, a distance of 91.70 feet to a 20” white oak found; thence North 35o 42’ 00” West,
a distance of 80.78 feet to a rebar set on the east right of way line of aforementioned Route 16, corner to
said Knotts and the tract herein described; thence leaving Knotts and with said right of way line, North
50o 20’ 31” East, a distance of 191.07 feet to the beginning and containing 0.589 acres, more or less, as
surveyed by John A. Wylie, LLS No. 830, of Hesco Land Surveying in Fayetteville, West Virginia, in
April 2000, and as shown on a plat attached hereto and made a part of this description.
Parcel #08-05-0014-0080-0001
8563 Clay Highway, Bickmore, WV 25019
TERMS OF SALE
1. Cash in hand paid on the date of sale payable to Joel P. Jones, Jr. or J. Patrick Jones, Substitute Trustees.
2. The sale of the property will be made subject to all matters having priority over the deed of trust referred to herein including but not limited to any and all assessments and taxes against said property, all prior liens, encumbrances, lease, restrictions, covenants, conditions, right of ways and easements of any nature whatsoever.
3. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code § 11-22-2.
4. The subject property will be sold in “AS IS” condition. The Substitute Trustee makes no representations and warranties of any kind or character including, but not limited to, the condition of the real estate or the title to the real estate to be conveyed.
5. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
6. The Substitute 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 the sale described above.
7. The beneficiary of the Deed of Trust and holder of the note thereby secured reserves the right to submit a bid for the property at the sale, which bid may be in the form of a credit bid.
8. Such other terms as may be announced at the time of Sale.
Given under my hand this 8th day of July, 2021.
J. Patrick Jones, Substitute Trustee
304-529-8560