Fayette

NOTICE OF TRUSTEE’S SALE

NOTICE OF TRUSTEE’S SALE PUBLIC AUCTION In execution of a certain Deed of Trust dated June 28, 2012, recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Trust Deed Book 897, at Page 95, given by Roger W. McClung, 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 226, 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 10:30 o’clock a.m., the following described real estate situate in New Haven District, Fayette County, West Virginia, and being more particularly bounded and described as follows, to-wit BEGINNING at a wood hub and iron pipe with oak and pine witnesses in colored cemetery gate and fence line, thence S 73-34′ W 123.79 feet to an iron pin and wood hub with pine witness said pine being the corner, thence N 25-55′ W 1,000.80 feet to an iron pin with a hickory witness said hickory being a corner, thence with Noah Allport line N 62-13′ E 168.86 feet, thence N 27-46′ E 146.28 feet to an iron pin with a white oak snag and 24 inch hemlock witness, thence S 86-30′ E 338.40 feet to an iron pin with a cherry and forked pine as witnesses, thence N 10-17′ E 175.67 feet to an iron pin, thence S 78 E 82.50 feet to an iron pin, thence S 03-00′ W 140.25 feet to an iron pin, thence S 81-32′ E 301.30 feet to a lead plug in flat rock with white oak pointer, thence S 17-33′ E 238.04 feet to a post, thence S 59-33′ W 295.17 feet to a post, thence S 10-26′ E 373.12 feet to an iron pin, thence S 40-47′ W 368.17 feet to the beginning and containing 15.415 acres, more or less, as shown on a map in Map Book 15, at Page 35. And being the same property conveyed unto William D. McClung and Jessie J. McClung, his wife, dated the 29th day of November, 1968, and recorded in Deed Book 281, at Page 206. The said William D. McClung died intestate September 2, 1986, leaving his wife, Jessie J. McClung and his son Roger McClung, as his sole heirs at law. The said Jessie J. McClung died testate December 14, 1989, and by the terms of her Last Will & Testament, recorded in the aforesaid Clerk’s office in Will Book 49, at Page 616, she devised all of her property, including subject property, unto her son Roger W. McClung, of the first part herein. The said Roger W. McClung died August 20, 2015, and pursuant to the terms of his Last Will and Testament, recorded in the aforesaid Clerk’s office in Will Book 85, at page 599, he devised subject real estate unto his four (4) children, to-wit: Lora Kees, Tammy McClung, Roger William McClung and Holly McClung. There is excepted and reserved from the above described tract that certain 1 acre tract conveyed by William D McClung, et ux, to Carol Giles, dated the 2nd day of July, 1980, and recorded in the aforesaid Clerk’s Office in Deed Book 391, at page 69. 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 178

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