NOTICE OF TRUSTEE’S SALE
NOTICE OF TRUSTEE’S SALE and Notice of the Beneficiary/Servicer’s election to sell property is hereby given pursuant to and by virtue of the authority vested in the Trustee by that certain Deed of Trust dated November 1, 2004, executed by Mark A. Whitely, II and Jennifer Whitely to Jenny N. Phillips, Trustee, of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Book 727, at Page 140. Bailey & Slotnick, PLLC was appointed as Trustee by SUBSTITUTION OF TRUSTEE dated August 16, 2019, of record in the Clerk’s Office in Book 1018, at Page 453. The borrower defaulted under the Note and Deed of Trust and the Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Trustee will sell the following described property to the highest bidder at the front door of the Courthouse of Fayette County, in Fayetteville, West Virginia, on:
TUESDAY, OCTOBER 29, 2019,
AT 10:30 O’CLOCK A.M.
All that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in the City of Oak Hill, Oak Hill District, Fayette County, West Virginia, and being more particularly bounded and described as follows:
BEGINNING at a rebar set on the southern most right-of-way line for West Summerlee Avenue, common point to Nichols (DB 281 PG 402) said point bearing S 58deg. 09′ 20″ E 392.52′ from a pipe found; thence leaving the southern most right-of-way line for West Summerlee Avenue and running with the common line to Nichols, S 31deg. 28′ 40″ W, 147.00′ to a rebar set, common point to the Treadway Estate residue; thence running with the Treadway Estate residue for the following two (2) calls, S 59deg. 06′ 20″ E, 68.00′ to a rebar set; thence N 38deg. 54′ 20″ E 146.98′ to a rebar set on the southern most right-of-way line for West Summerlee Avenue, said point bearing N 58deg. 09′ 20″ W 314.98′ from a pipe found; thence running with the southern most right-of-way line for West Summerlee Avenue, N 58deg. 09′ 20″ W 87.00′ to the point of beginning and containing 0.26 Acres, more or less, as shown on the plat or map entitled, “Plat of Survey showing a 0.26 AC Tract being DB 588 PG 16 Located at 1037 West Summerlee Ave” dated September, 2004, as surveyed by Land Design Group, LLC, which said plat is attached to the hereinafter mentioned Deed bearing date the 22nd day of October, 2004.
This is the same property conveyed unto Mark A. Whitely, II and Jennifer Whitely from Jason Keffer and Angela L. Keffer by Deed dated October 22, 2004, of record in the Clerk’s Office in Deed Book 608, at Page 276.
TERMS OF SALE:
1) The property will be conveyed in an “AS IS” physical condition by Deed containing no warranty, express or implied, subject to the Internal Revenue Service right of redemption, all property taxes, prior Deeds, liens, reservations, encumbrances, restrictions, rights-of-ways, easements, covenants, conveyances and conditions of record in the Clerk’s office or affecting the subject property.
2) The Purchaser shall be responsible for the payment of the transfer taxes imposed by the West Virginia Code 11-22-2.
3) The Beneficiary and/or the Servicer of the Deed of Trust and Note reserve the right to submit a bid for the property at sale.
4) The Trustee reserves the right to continue sale of the subject property from time to time by written or oral proclamation, which continuance shall be in the sole discretion of the Trustee.
5) The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate the property, and any personal property and/or belongings remaining at the property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY.
6) The total purchase price is payable to the Trustee by cashier’s check, cash or the equivalent within thirty (30) days of the date of sale, with ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the Trustee at sale by cashier’s check, cash or money order at the time and place of the sale. There will be no refund granted of any amount if the third party purchaser elects not to purchase the property for any reason. Minimum acceptable bid will be $12,754.00.
7) For more information on this property, please see listing on the PROPERTIES FOR SALE WEBSITE:
https://properties.sc.egov.usda.gov/resales/public/home.
Given under my hand this 7th day of October, 2019.
BAILEY & SLOTNICK,
PLLC-TRUSTEE
By: Marc J. Slotnick, Esquire
500 Virginia Street East,
Suite 600
Charleston, West Virginia 25301
Phone: (304) 346 1800
WV State Bar No. 5956