Source: July 27, 2015 Read More →

NOTICE OF TRUSTEE’S SALE

NOTICE OF TRUSTEE’S SALE Pursuant to the authority vested in the undersigned J. Patrick Jones, Substitute Trustee by Notice of Substitution of Trustee which notice is of record in the Office of the Clerk of the County of Commission of Fayette West Virginia, and by Deed of Trust dated April 27, 2009, executed by Mary Lewis to BB&T Collateral Service Corporation, Trustee, which deed of trust is of record in the Office of the Clerk of Fayette County, West Virginia, in Trust Deed Book 841 at Page 224, 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 21, 2015 at 12:30 p.m. to the highest bidder at the front door of the Courthouse of said County of Fayette, in Fayetteville, West Virginia, which real estate is more completely described as follows: All that certain property situated in the CITY OF OAK HILL, in the County of FAYETTE, STATE OF WEST VIRGINIA, and being described as follows: MAP 26 PARCEL 320 AND MAP 26 PARCEL 313 AND MAP 22K PARCEL 3. Being more fully described in a deed dated 09/14/77 and recorded 09/20/77, among the land records of the County and State set forth above, in Deed Volume 361 and Page 210. Which deed describes the property as follows: FIRST TRACT: That certain tract or parcel of real estate situate in Oak Hill, Fayette County, West Virginia, bounded and described as follows: BEGINNING at a stake on the South East corner of Lots 9 and 10 of the C. A. Mankin Subdivision of Oak Hill, W. Va., as recorded on 2d Revised Map dated 25 Nov 46 in the Office of the Clerk of the Fayette County Court, Fayetteville, W. Va.; thence S49-15E 210 ft. to a stake on the Ducka line, N67-30E 73 ft. to a stake, N23 E 158 ft. to a large rock; thence N48 W 74 ft. to a Sourwood, N70-30W 142 ft. to a White Walnut, S32-05W 85.5 ft. to a stake; thence with Lot 9 S 45-48W 100 ft. to the beginning. And a 12 foot right of way extending along the Northwestern line of the property of Rufus C. Hurt and Garnett E. Hurt, his wife, S 45-484 286 ft. to Mankin Circle St., for the purpose of ingress and egress to the property herein conveyed. SECOND TRACT: All that certain tract or parcel of real estate, together with the improvements thereon and appurtenances thereto belonging, situate in the Ducka Addition to the City of Oak Hill, Fayette County, West Virginia, and being more particularly described as follows: BEGINNING at a stake corner on Richardson Avenue, said stake being a common corner to Lots 15 and 16, said stake being also a corner to Lot 368, Block 1, of the Minden Subdivision; thence leaving Richardson Avenue and running with said Lot 368 of the Minden Subdivision S 77 f 31′ W. 62.22 feet to a “T” Rail corner on line between Lots 15 and 16; thence leaving said Lot 368, Block 1 of the Minden Subdivision and running through Lots 16, 31, 30, 29, Ducka Avenue and Lot 44 S 89 f 09′ W 492.76 feet (passing a crack in a rock at 450.23 feet) to a stake on the outside boundary of the Ducka Addition, said stake being on line of Lot 44; thence running with said outside boundary N 1 f 55′ W 153.77 feet to a stake; thence continuing with outside boundary of the Ducka Addition N 68 f 34′ E 365.67 feet to a stake on Richardson Avenue; thence running with Richardson Avenue S 39 f 18′ E 344.53 feet to the point of beginning and containing 2.425 acres and being all of Lots 17 through 28, 45 through 48 and parts of Lots 16, 29, 30, 31, 44, and a portion of Ducka Avenue. Reference is made to a map of the said Ducka Subdivision, which is of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Map Book 2, at page 268. Also, reference is made to a map entitled “Map Showing Property to be Conveyed to Joe Lewis in the Ducka Addition, near Oak Hill, Fayette County, W. Va., dated June 16, 1967, File A-5062, Bennett-Naeve-Thomas Eng. Co.,” which map is recorded with Deed dated the 21st day of June, 1967, in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed Book 273, at page 367. THIRD TRACT: That certain tract or parcel of surface land (the coal and other minerals not included) situate in the City of Oak Hill, Fayette County, West Virginia, and more particularly bounded and described as follows: BEGINNING at a corner on Harvey Avenue and Circle Drive with Lot No. 14 and running 130 feet S. E. with Circle Drive, then leaving Circle Drive 146 feet N. E. along back boundary of property to corner of Clyde Burgess property, then along Burgess property line 125 feet N. W. to corner on Harvey Avenue and running with Harvey Avenue 110 feet S. W. to the beginning, and being all of Lots Nos. 14, 13, and 10 feet of Lot No. 12 adjoining Lot No. 13 of the C. A. Mankin revision of subdivision, as the same is shown upon a map thereof recorded in the office of the Clerk of the County Court of Fayette County, West Virginia, in Map Book 7, at page 83. FOURTH TRACT: All that certain parcel of real estate, together with the improvements thereon and appurtenances thereto belonging, situate near the City of Oak Hill, Fayette County, West Virginia, and being more particularly described as follows: BEGINNING at an iron pin on line of the Mankin Subdivision and on line of Lot 44 of the Ducka Addition, corner to a 2.425 acre tract previously conveyed to Joe Lewis in 1967; thence, running through Lot 44 and with said Lewis property. N 89 f 09′ E 133.61 feet (passing a hub with tack in rock ledge at 42.50 feet) to an iron pin in a fence line on the western edge of Ducka Avenue; thence leaving the Lewis property and running through the Ducka Addition S 14 f 59′ E 124.18 feet to an iron pin; thence S 33 f 17′ W 78.27 feet to an iron pin; thence S 33 f 37′ W 157.88 feet to an iron pin on line of a tract now or formerly owned by J. W. Law; thence running with Law S 71 f 31′ W 29.48 feet to an iron pin, corner to Ruth M. Watkins; thence, leaving the Law tract and running with a fence line and with said Watkins property N 38 f 35′ W 138.00 feet to a hub with a tack in a rock ledge, corner to the property owned by Joe N. Jarrett, being in the Mankin Subdivision; thence running with said Jarrett and the Mankin Subdivision, and running along a rock ledge N 28 f 50′ E 167.98 feet to an iron pin; thence N 01 f 55′ W 69.23 feet to the point of beginning and containing 1.08 acres. And being all of Lots Nos. 36, 37, 38, 41, 42, 43 and portions of Lots 35, 39, 40 and 44 and a portion of Ducka Avenue, all as shown on a map of the Ducka Addition to Ogden City, which map is of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Map Book 2, at page 268. And the property hereby conveyed being shown on a map attached to Deed dated June 1, 1970, recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed Book 289, at page 355, which map is entitled “Plat Showing Tract to be Conveyed to Joe Lewis by Arnett Pack, near Oak Hill, Fayette County, West Virginia,” which map is dated May, 1970, and prepared by Bennett-Naeve-Thomas Engineering Company, of Oak Hill, West Virginia. It is further noted that said map reflects in yellow, an existing overlap of the Mankin Subdivision and the Ducka Addition and as to that portion of the property included in the overlap, Arnett Pack and Catherine Pack, his wife, quitclaim in favor of Joseph Stuart Lewis, IV, and Mary F. Lewis, his wife, any right, title and interest they may have therein. TERMS OF SALE 1. Cash in hand paid on the day of sale. 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 c 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 21st day of July, 2015. J. Patrick Jones, Substitute Trustee 304-529-8560 8-3-MON-2-FT; LG 339