NOTICE OF TRUSTEE’S SALE PUBLIC AUCTION In execution of a certain Deed of Trust dated November 26, 2001, recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Trust Deed Book 633, at Page 613, given by John M. Zink, Jr., to Frederick A. Jesser, III and Charles E. Mahan, IV, Trustees for Fayette County National Bank; said Trustees failing to perform, Paul O. Clay, Jr., Successor Trustee was appointed as evidenced by that certain Removal of Trustee and Substitution Thereof, dated January 20, 2016, and recorded in the aforesaid Clerk’s Office in Trust Deed Book 962, at Page 224, default having been made in the payment of the debt therein secured; and upon failure to cure said default; and being required by the beneficiary so to do, the undersigned Successor Trustee will sell at public auction at the front door of the Courthouse of Fayette County, Fayetteville, West Virginia, on April 27, 2016, at 10:00 o’clock a.m., the following described real estate situate in the City of Oak Hill, Fayette County, West Virginia, and being more particularly bounded and described as follows, to-wit: BEGINNING at an iron rod on the western side of Jones Street said iron rod being a corner to the land now owned by Lillian Baumgartner, and running with said street N 61-16′ W 131 feet to a point at the intersection of said Jones Street with the Loup Creel county road; thence running with said road S 24-56′ W 107 feet to a stone post corner to B.C. Peters; thence running with said Peters S 57-54′ E 120 feet to an iron rod corner to the aforesaid Lillian M. Baumgartner; thence running with said Baumgartner N 30-15′ E 112 feet to the point of beginning, all bearings with reference to the magnetic meridian of 1937 and the parcel containing thirty-one hundredths (.31) of an acre. And being the same property conveyed unto John M. Zink, Jr and Mary Frances McClintic, by deed of Georgia Jean Eakle and Allan Fairfax Eakle, her husband, and Marylee Wilson and Charles Paul Wilson, her husband, dated the 9th day of September, 1992, and of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed Book 497, at Page 444. By Deed dated the 16th day of November, 2001, and recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed Book 582, at Page 461, Mary Frances McClintic conveyed her interest in subject property unto John M. Zink, Jr.. The above described real estate will be conveyed by the undersigned Successor Trustee to the purchaser thereof by deed containing a covenant of SPECIAL WARRANTY and subject to all liens, reservations and exceptions appearing in the record title, and to the lien of all unpaid taxes, if any, which are entitled to priority over the lien of the aforesaid Deed of Trust. The Successor Trustee herein asserts, to the best of his knowledge and belief, that the party in interest is not a member of the Armed Forces of the United States, and is therefore not entitled to the benefits of the Service Members Civil Relief Act. REAL ESTATE TAXES: Subject property will be sold by the undersigned Successor Trustee subject to real estate taxes presently a lien against subject real property. Any purchaser shall purchase subject to, and be responsible for, said real estate taxes. TERMS OF SALE: Cash on hand on day of sale. The above described real estate will be sold by the undersigned Successor Trustee by auction to the highest bidder subject to the right of the Trustee to reject all bids if in his opinion they are inadequate. The owner of the indebtedness secured by the above described Deed of Trust and the owner of any other interest in the property to be sold shall have the right to bid. The Successor 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. CONTINUANCE OR ADJOURNMENT OF SALE: The Successor Trustee reserves the right to continue the sale, or to adjourn the sale, for a time, or from time to time, without further notice and announcement at the time and place of sale, as hereinabove set forth, or any continuance or adjournment thereof. DATED THIS THE 10TH DAY OF MARCH, 2016. PAUL O. CLAY, JR. SUCCESSOR TRUSTEE 4-7-THU-3-FT; LG 176
