NOTICE OF TRUSTEE’S SALE

NOTICE OF TRUSTEE’S SALE PUBLIC AUCTION In execution of a certain Deed of Trust dated March 31, 2010, recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Trust Deed Book 856, at Page 243, given by Manuel Domingues 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 220, 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 27th, 2016, at 11:00 o’clock a.m., the following described real estate situate in the Plateau District; the Town of Montgomery, and the City of Oak Hill, Fayette County, West Virginia, and being more particularly bounded and described as follows, to-wit: PLATEAU DISTRICT Designated as Lots Nos. 1 and 2, on a Map of Harlem Heights Annex #2, located in Plateau District (formerly Fayetteville District), near Oak Hill, Fayette County, West Virginia, a copy of which map is recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Map Book 8, at Page 93. And being the same real estate which was conveyed unto Manuel Domingues and Elaine S. Domingues, his wife, by deed of David Newbell and Adell B. Newbell, his wife, dated the 19th day of November, 1996, and of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed Book 536, at Page 67. By Deed dated July 12, 2000, and recorded in the aforesaid Clerk’s Office in Deed Book 572, at Page 693, the said Elaine S. Domingues conveyed all of her right, title and interest (the same being a 1/2 undivided interest) in and to the above described tracts of real estate unto Manuel Domingues of the first part herein. MONTGOMERY That certain lot, together with all the appurtenances thereunto belonging or in any wise appertaining, situate at northwest corner intersection Lee Street and Sixth avenue, abutting the properties of C.M. Montgomery and being 55.7 feet on Sixth and 63-1/2 feet on Lee, being a part section 4, block 25. And being the same property conveyed unto the party of the first part herein by several deeds, to-wit: 1) By deed of Lawrence E. Carson, et als, to Manuel; Domingues, Elaine Domingues and Joseph R. Groom, dated the 5th day of May, 1999, and recorded in Trust Deed Book 560, at Page 166. 2) By deed dated July 12, 2000, and recorded in the aforesaid Clerk’s Office in Deed Book 572, at Page 698, Elaine Domingues conveyed her interest in subject property unto Manuel Domingues and Joseph R. Groom. 3) By deed dated March 19, 2002, Joseph R. Groom, conveyed his 1/2 undivided interest in subject property unto Manuel Domingues, said deed is recorded in Deed Book 584, at Page 709. OAK HILL TRACT I BEGINNING at a stake in a fence line, corner to Lot No. 1, and also a corner to a 15 foot easement ending at this point, and thence N 33-43 E 139.69 feet to a stake by a Gun tree, corner to Lot No. 1; thence generally with a fence line S 42-04 E 100.84 feet to a point on the right of way line of U.S. Route 19-21; thence with said right-of-way S 8-52 W 58.08 feet to a point on said right of way and with a new line of the same N 81-18 W 5 feet to a point on the new line of the right-of-way; thence laving said line of the right-of-way S 8-42 W 20 feet to a point on the right-of-way, and at back 15 feet along said line being an easement; thence N 74-41 W 132.50 feet to the point of beginning. The aforesaid Easement running with a second line of 15 feet distance and parallel to the last line of the point where the second line intersects the lot division between Lots Nos. 1 and 2. And being the same real estate conveyed unto Manuel Domingues and Elaine Domingues, his wife, by deed of Rivers, II, Inc., a West Virginia Corporation, and Adventures, Inc., dba Rivers, a West Virginia Corporation, dated the14th day of May, 1997, and recorded in the aforesaid Clerk’s Office in Deed Book 540, at Page 350. By Deed dated the 12th day of July, 2000, recorded in Deed Book 572, at Page 693, Elaine S. Domingues, single, conveyed all her right, title and interest in the above described tract unto Manuel Domingues. SPECIAL NOTICE: Each parcel will first be presented for auction separately; thereafter the properties will be presented for auction as a whole, that is to say the Plateau District property, the Montgomery property and the Oak Hill property will be offered together. The Successor Trustee reserves the right to accept the bid or bids that will result in the highest sale price. 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 11TH DAY OF MARCH, 2016. PAUL O. CLAY, JR. SUCCESSOR TRUSTEE 4-7-THU-3-FT; LG 177