NOTICE OF TRUSTEE’S SALE

NOTICE OF TRUSTEE’S SALE
NOTICE IS HEREBY GIVEN that by virtue of a deed of trust dated June 29, 2012, (the “Deed of Trust”), made by James R. Dick and Joy R. Dick to Karen M. Yokum, Trustee, of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Trust Deed Book 1033, at Page 160, in order to secure First Exchange Bank in the payment of the sum of $288,000.00, evidenced by a negotiable promissory note bearing even date therewith, and First Exchange Bank being authorized and empowered to designate and appoint one or more substitute trustees in the place and stead of the trustee named in the Deed of Trust and the undersigned, Appalachian Title Services, LLC, a West Virginia limited liability company, having been so appointed by the terms of a Designation of Substitute Trustee of record in said Clerk’s office, and default having been made in the payment of said indebtedness and said Substitute Trustee having been requested in writing so to do by First Exchange, the owner and holder of said note, said Substitute Trustee, on
FRIDAY, OCTOBER 25, 2019,
AT 11:30 A.M. EASTERN TIME
will offer for sale and sell at public auction at the front door of the Marion County Courthouse in Fairmont, West Virginia, to the highest bidder therefor, all that certain tract or parcel of real estate, together with all buildings and improvements thereon and appurtenances thereunto belonging, situate in Paw Paw District, Marion County, West Virginia, reported to have, at the time of execution of the Deed of Trust, a physical address of 165 Everett Drive, Fairview, West Virginia, 26570, and being more particularly bounded and described as follows:
the following described tracts or parcels of real estate situate in the Plan of Lands of Silas Wilson on the waters of Laurel Run, Paw Paw District, Marion County, West Virginia, a map or plat of which is of record in the office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book No. 254, at page 585, described as follows:
LOT NUMBER TWO (2), beginning at an outline of the Old County Road, corner to Lot No. 3 as designated on said plat, and running thence N. 63 1/4° E. 8 poles; thence N. 33 1/4° E. 22 poles; thence N. 42 1/4° E. 12 poles; thence N. 76 1/4° E. 17 1/4 poles to a white oak stump; thence N. 88 3/4° E. 14 3/4 poles; thence S. 76 1/2° E. 19 poles to the corner of Lot No l; thence with the line thereof, S. 18 1/2° W. 79 poles to the corner of Lot No. 3; thence with two lines of the same. S. 84 1/2° W. 16 poles; thence N. 42 1/2° W. 59 poles to the place of beginning, containing 22 acres, more or less.
LOT NUMBER THREE (3), beginning at an outline and corner to Lot No. 1 and running thence S. 33° W. 46 poles to a corner of Lot No. 4; thence running with a line thereof, N. 42 1/2° W. 104 poles to a stake in or near the Old County Road: thence N. 17 3/4° E. 3 1/2 poles; thence N. 40 1/4° E. 20 poles; thence N. 63 1/4° E. 6 poles to a corner of Lot No. 2; thence with two lines thereof, S. 42 1/2° E. 59 poles; thence N. 84 1/2° E. 16 poles to the corner of Lot No. 1; thence with two lines thereof, N. 81° E. 3 poles (deed call) or N. 82° E. 3 poles (plat call); thence S. 47° E. 25.6 poles to the place of beginning, containing 21 acres, more or less.
LOT NUMBER FOUR (4), beginning at or near the Old County Road and corner to Lot No. 3, and running with one line thereof, S. 42 1/2° E. 104 poles to a stake in an outline; thence S. 33° W. 33 poles to the corner of Lot No. 5; thence with a line thereof, N. 42 1/2° W. 101 poles to a stake at or near the Old County Road; thence N. 49 1/2° E. 11 1/2 poles to three chestnut oak stumps; thence N. 17 3/4° E. 23 1/2 poles to the place of beginning, containing 20 acres, more or less.
LOT NUMBER FIVE (5), beginning at or near the Old County Road and corner to Lot No. 4, and running thence S. 42 1/2° E. 10 poles to a stake in an outline; thence with said outline, S. 33° W. 33 poles to the corner of Lot No. 6; thence with a line thereof , N. 42 1/2° W. 111 poles to a stake at or near the Old County Road; thence N. 49 1/2° E. 32 poles to the place of beginning, containing 20 acres, more or less.
The real estate has recently been re-surveyed with a new description as follows:
Beginning at a 5/8 inch x 30 inch rebar with a yellow plastic cap stamped “Target 269-0853″, hereinafter referred to as a rebar, set, from which a 24 inch scarlet oak, corner to Shaw and IOOF bears S. 41° 57′ 31″ W. 255.59 feet. and thence running with Shaw, N. 36° 12′ 22″ W. 1,761.42 feet, passing at a fence post for a total of 1,786.17 feet to a point in the center of an Old County Road; thence with seven lines of said road, N. 58° 29′ 42″ E. 62.75 feet to a point; thence N. 25° 01′ 40″ E . 142.94 feet to a point; thence N. 13° 55′ 19″ E. 310.59 feet to a point; thence N. 48° 45′ 57″ E. 318.85 feet to a point; thence N. 63° 40′ 51″ E. 240.69 feet; thence N. 43° 11′ 01″ E. 363.0 feet; thence N. 57° 34′ 44″ E. 198.57 feet to a point, corner to lands of Carpenter; thence with three lines of Carpenter, N. 78° 02′ 31″ E. 284.62 feet to a rebar set; thence N. 88° 11′ 14″ E. 242.38 feet to a rebar set; thence S. 68° 03′ 11″ E. 313.50 feet to a rebar set, corner to Carpenter and Tennant; thence with three lines of Tennant, S. 26° 27′ 27″ W. 1,310.14 feet to a rebar set; thence S. 34° 25′ 35″ E. 84.91 feet to a rebar set; thence S. 63° 27′ 31″ E. 422.40 feet to a rebar set, corner to Tennant and in the line of Hamilton, from which a 5/8 inch rebar found bears N. 39° 30′ 39″ E. 381.75 feet; thence with Hamilton, S. 39° 30′ 39” W. 1,853 feet to the place of beginning, containing 81.41 acres, more or less.
There is reserved and excepted from the above-described real estate 2.49 acres, more or less, as described in two deeds from Denzil Wilson to Robert Leroy Foley and Emily Alice Foley by deeds dated September 5, 1969, of record in the said Clerk’s office in Deed Book No. 740, at page 441, and by deed dated August 11, 1972, of record in the said Clerk’s office in Deed Book No. 764, at page 255.
The Grantor reserves for itself all of the oil, gas, rentals, and royalties therefrom, together with the drilling and removal rights thereto, underlying said real estate.
The real estate hereby conveyed is the same real estate that was conveyed unto James R. Dick and Joy R. Dick, husband and wife, by First Exchange Bank, a West Virginia banking corporation, by deed dated May 24, 2012 , of record in said Clerk’s Office in Deed Book 1116, at Page 774.
TERMS OF SALE: Ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the sales price shall be paid by cash, cashier’s check, or check guaranteed by bank letter of credit in acceptable form, in hand on the day of sale (the “Good Faith Deposit”), with the balance to be paid in cash at closing within 30 days after the date of sale.
The Subject Property will be sold subject to all prior liens senior in priority to the Deed of Trust, if any, to expressly include the lien of that certain deed of trust dated June 29, 2012, and of record in the office of the Clerk of the County Commission of Marion County, West Virginia in Trust Deed Book 1033, at Page 150, wherein James R. Dick and Joy R. Dick conveyed the Subject Property to Karen M. Yokum, as Trustee, to secure payment of the sum of $37,000.00 to First Exchange Bank. The sale of the Subject Property will further be made subject to all unpaid real or personal property taxes or assessments, encumbrances and claims in favor of public service districts/municipal sanitary boards, if any, and also further subject to any and all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes, if any, recorded in the aforesaid Clerk’s office prior to the Deed of Trust and affecting the Subject Property. The Subject Property shall be sold “AS IS” and “WITH ALL FAULTS.” The Substitute Trustee shall not be liable for any representations or warranties respecting the physical condition, size or characteristics of the Subject Property. Conveyance shall be by special warranty deed, and purchaser shall pay for all transfer stamps, recording fees, and other closing costs.
The risk of loss or damage to the Subject Property shall be borne by the foreclosure purchaser from and after the bid strikedown at the time of sale. The Substitute Trustee will not deliver possession of the Subject Property to the foreclosure purchaser, who shall be solely responsible for obtaining possession of the Real Property. Further, the Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the Subject Property to vacate said property, and any personal property and/or belongings remaining at the Subject Property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY.
Any sale hereunder may be adjourned from time to time without notice other than oral proclamation at the time and place appointed for the sale. The Substitute Trustee reserves the right to reject any or all bids. The party secured by the Deed of Trust reserves the right to purchase the property at such sale.
Additional terms and conditions shall be announced at the sale.
At public sale any person or entity may bid and may purchase any real estate sold if they be the highest bidder. If the real estate is sold for an amount in excess of the outstanding balance of the mortgage, together with all interest, unpaid real estate taxes and costs, said excess must be used to satisfy any other encumbrances on said property and after all said encumbrances are satisfied together with all interest and costs, any excess then remaining must be paid to the Grantor. If the Grantor or any person holding an encumbrance cannot be found after a diligent search, the money shall be paid into the Circuit Court of the county for the benefit of the Grantor or the holder of any such encumbrance.
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.
Dated: September 24, 2019.
APPALACHIAN TITLE SERVICES, LLC
Substitute Trustee
P. O. Box 1081
Bridgeport, WV 26330
(304) 641-7374
[email protected]
Times: September 30, October 7, 2019