NOTICE OF TRUSTEE SALE OF
VALUABLE REAL ESTATE
Notice is hereby given that the undersigned Substitute Trustee, by virtue of the authority vested in him by that certain Deed of Trust dated May 7, 2012, and duly recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Book 894, at page 164, Jonathan G. White, a single man, did convey unto Alan H. Larrick, Substitute Trustee, certain real property described in said Deed of Trust; and, default having been made in the payment of the Note secured by the aforesaid Deed of Trust; and, such default having continued for a period of more than sixty (60) days; and, the undersigned Substitute Trustee having been instructed by FIRST COMMUNITY BANK, the owner and holder of said Note, to foreclose thereunder and having elected to treat the whole principal debt secured by said Deed of Trust as immediately due and payable.
NOW, THEREFORE, the undersigned Substitute Trustee, having been required to do so by the said FIRST COMMUNITY BANK, will offer for sale the real estate conveyed by said Deed of Trust, at public auction, to the highest bidder, at the front door of the Courthouse of Fayette County, West Virginia, in the City of Fayetteville, West Virginia, on the 5th day of March, 2020, at 10:00 o’clock a.m., which said real estate in said Deed of Trust is described as the following described tract or parcel of real estate situate in Plateau District, Fayette County, West Virginia, and being more particularly bounded and described as follows, to-wit:
BEGINNING at an iron pipe set in fence line, said pipe is in the division line of Timothy B. & Margaret Armstrong and David A. Ledford, Jr. & Deborah Ledford tract; said pipe is in the eastern right-of-way of Blake Avevue and said pin is located S 33.51′ W 62.14 feet from an iron pipe found; thence with Armstrong S 34-00′ E 230.96 feet to an iron pipe found in fence line; said pipe is in the northern line of an old un-open road; thence with road S 56.00′ W 150 feet to an iron pipe found; thence N 34-00′ W 155 feet with the eastern line of an old road to an iron pipe set in the right of way of Blake Avenue; thence with Blake Avenue N 72-21′ E 16.4 feet to a point; thence N 20-15′ E 150 feet to point; thence S 84-39′ E 21.7 feet to the place of beginning and containing 0.64 acre (Deed 0.76), more or less, as shown on plat by Cody Surveying and Engineering Services, Inc., Paul Cody R.P. E. 3093, Dated 7-3-92- Scale 1″ =30′, the deed meridian was used for this survey, attached hereto and made a part of this description.
There is EXCEPTED and RESERVED from this conveyance 0.115 acres, more or less, and being further described in a deed dated December 16, 2009, from David A. Ledford, Jr and Deborah Ledford, his wife, parties of the first part, to Stephen M. Campbell and Linda K. Campbell, his wife, party of the second part, said Deed recorded in the aforesaid Clerk’s Office in Deed Book 654, at page 333.
AND BEING the same property acquired by Jonathan G. White, by Deed dated May 7, 2012, from David A. Ledford, Jr. And Deborah Ledford, to be recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Book 682, at Page 216.
The above described real estate will be conveyed by Deed without warranty of any kind, express or implied, and made subject to all property taxes, prior liens, including any liens for sewer service assessed by any municipality or public service district, reservations, encumbrances, restrictions, right of way, easements, covenants, conveyances and conditions of record in said Clerk’s Office and affecting the subject property. The subject property will be sold in AS IS condition. The undersigned shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
The undersigned Trustee reserves the right to continue the sale, or to adjourn the sale, for a time, or from time to time, without further notice than announcement of the time and the place of sale as hereinabove set forth for any continuance or adjournment thereof.
TERMS OF SALE:
1. Cash in hand on day of sale;
2. Subject to any prior deeds of trust of record and payment of real estate taxes;
3. 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, reservations, encumbrances, restrictions, rights-of-ways, easements, covenants, conveyances, and conditions of record in the Clerk’s office or affecting the subject property.
4. The Purchaser shall be responsible for the payment of the transfer taxes imposed by the West Virginia Code 11-22-1.
5. 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.
6. The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate said property, and any personal property and/or belongings remaining at the property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY.
7. Federal Tax Lien. 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.
8. Pursuant to the Deed of Trust, the Trustee may postpone the sale by public announcement at the time and place designated or by posting a notice of the same, and act by agent in the execution of the sale. The parties secured by Deed of Trust reserve the right to purchase the property at such sale.
DATED this 29th day of January, 2020.
ALAN H. LARRICK
Substitute Trustee