Fayette

Notice of Trustee Sale of Valuable Real Estate

NOTICE OF TRUSTEE SALE OF VALUABLE REAL ESTATE Pursuant to the authority vested in the undersigned by deed of trust dated the 26th day of January, 2006, signed by Tiffanee J. Hess Chesterfield, a single person, to P. Michael Pleska and F. Thomas Graff, Jr., Trustees, which said deed of trust is of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Trust Deed Book 759, at page 727, and Golden & Amos, PLLC, Trustee having been requested so to do by the Secured Creditor, and default having been made under the terms and conditions of said deed of trust, and the provisions in said deed of trust concerning acceleration having been complied with by the Secured Creditor and present holder of the note, said Trustee will sell at public auction at 1:00 o’clock, p.m. on the 19TH DAY OF JULY 2016 at the front doors of the Courthouse in Fayette County in Fayetteville, West Virginia the following described real estate: Situate in the District of New Haven, Fayette County, West Virginia, to-wit: Beginning at a T-rail found at the common corner of Lot 42 (DB 598/PG 198), New Haven Tax Map 69, Parcel 2.3), Lot 22 (DB 598/PG 365) New Haven Tax Map 69, parcel 25.28) and Lot 19 (DB 601/PG 28, New Haven Tax Map 69, Parcel 25.43); thence leaving lots 42 and 22 and running with Lot 19, South 15-58′-37″ East a distance of 200.66 feet to a 1/2 inch rebar found, said rebar also being a common corner of lot 19 and M. Fisher (DB 524/PG 21, New Haven Tax Map 69, parcel 25); thence leaving Lot 19 and running with Fisher, South 15-42′-00″ East, a distance of 237.31 feet to a 1/2 inch rebar found, said rebar also being a common corner of M. Fisher and J. King (DB 597/PG 420, New Haven Tax Map 69, Parcel 25.23); thence leaving Fisher and running with King, South 14-47′-31″ East, a distance of 29.39 feet to a 5/8 inch rebar set, thence leaving King and running with a curve to the left along a cul-de-sac right-of-way of an unnamed street, said curve having a chord bearing of South 88-17′-11″ West, a chord distance of 73.78 feet, a radius of 40.00 feet, and an arc length of 93.91 feet to a 5/8 inch rebar set, said rebar also being a corner to Lot 53; thence leaving the right of way and running with Lot 53, North 88-19′-5″ West, a distance of 347.39 feet to a 5/8 inch rebar set, said rebar also being a common corner to Lot 53, Lot 55 and Lot 58; thence leaving Lot 53 and Lot 55 and running with Lot 58, North 40-13′-31″ West, a distance of 516.98 feet to a 1/2 inch rebar found, said rebar also being a common corner of Lot 58, North Hills Group (DB 337/PG 333, New Haven Tax Map 69, parcel 2) and the aforementioned Lot 42; thence leaving Lot 58 and North Hills Group and running with Lot 42, North 85-42′-21″ East, a distance of 629.67 feet to the point of beginning, and containing 5.18 acres, more or less, and being further known as Lot No. 52 of the Whispering Oaks Subdivision, Phase II (Plat recorded in DB 609-737) This instrument is made subject to all lawful restrictions, reservations, covenants and conditions made and contained in prior deeds in the chain of title to the above described real estate, and more particularly those set forth in Deed Book 609 at page 730, as below: 1. A ROW granted unto the Chesterfields and in common with other owners of lots situate in Whispering Oaks Subdivision, the ROW granted unto Lames ER Lively, Jr. and Morgan Bracken in that certain Right of Way Agreement dated April 8, 1999, recorded in Deed Book 566, at page 29; and Right of Way Agreement dated February 1, 2000 recorded in Deed Book 573 at page 374. 2. That certain ROW conveyed unto Whispering Oaks SD by deed of Mary A. Fisher, Trustor and Initial Trustee of the Mary A. Fisher Living Trust Dated May 22, 1995, and dated August 20, 2003, recorded in the aforesaid Clerk’s Office in Deed Book 597 at page 428. 3. That certain 2.05 acre ROW granted unto owners of Lots 52 thru 58, leading from Hunter’s Ridge Road, as more particularly set forth in Deed Book 609 at page 730-731. It is the intention of this notice to sell the secured property by proper description as was intended to be transferred and conveyed in the aforesaid deed of trust. The above described real estate is reported to have a mailing address of: Lot 52 Whispering Oaks, Fayetteville, West Virginia 25840 TERMS OF SALE: Cash in hand on day of sale or within 30 days of date of sale upon terms to be agreed upon between Trustee and successful bidder, time being of the essence; payment for unpaid real estate taxes to be assumed by the purchaser. The Trustee does not warrant title or fitness to this property; it is being purchased as is; this is a buyer beware sale and any buyer is advised to retain counsel before the sale. If there is any part of the process of sale which is found to be objectionable, the Trustee reserves the right to cancel the sale. No purchaser should take possession or make improvements in the premises until the Trustee deed is delivered or recorded. A third party purchaser at sale will be required to pay the purchase price plus all recording and transfer fees. Trustee at sale is under no duty to cause any existing tenant or person occupying the subject property to vacate said property. 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. The party(ies) secured by the Deed of Trust reserve the right to purchase the property at such sale. If the purchaser at sale is unable to complete the terms of purchase within 30 days, the Trustee reserves the right to transfer the property to the next highest bidder. Any sale hereunder may be adjourned from time to time without any notice other than oral proclamation at the time and place appointed for this sale or by posting of a notice of same. Should the Trustee not appear at the time appointed for the sale and there is no notice posted of a continuance please contact the office of the Trustee to make further inquiry. Any sale may be conducted or adjourned by the designated agent or attorney of the Trustee. The undersigned is fully vested with the authority to sell said property as Trustee by instrument of record. Should any party have any inquires, objections to the sale or protests regarding the sale, or requests regarding the sale, please notify the trustee below by one of the means of communications set forth below. GOLDEN & AMOS, PLLC, TRUSTEE 543 Fifth Street, P.O. Box 81 Parkersburg, WV 26102 Telephone (304) 485-3851 Fax (304) 485-0261 E-mail: vgolden@ goldenamos.com 7-14-THU-2-FT; LG 296