NOTICE OF TRUSTEE’S SALE

NOTICE OF TRUSTEE’S SALE

Pursuant to the authority vested in the undersigned J. Patrick Jones, Substitute Trustee by Notice of Substitution of Trustee which notice is of record in the Office of the Clerk of the County of Commission of Mercer West Virginia, and by Deed of Trust dated April 9, 2009, executed by Barry A. Fowler, Billy L. Fowler and Bonnie Fowler to Karen Wimmer and Greg Morris, Trustees, which deed of trust is of record in the Office of the Clerk of Mercer County, West Virginia, in Trust Deed Book 1164 at Page 219, the undersigned Substitute Trustee has been requested, in writing, by the beneficiary of said deed of trust to sell the real estate described below, as there has been a default under the terms and conditions of said deed of trust. Therefore, the undersigned Substitute Trustee will sell the real estate described in the Deed of Trust, at a public auction on March 6, 2020 at 2:30 p.m. to the highest bidder at the front door of the Courthouse of said County of Mercer, in Princeton, West Virginia, which real estate is more completely described as follows:

“All of that certain tract or parcel of land situated in Plymouth District, Mercer County, West Virginia, and being a part of the Henry Keatley land, bounded and described as follows:
“BEGINNING at a Hemlock and Hickory on the bank of what is known as Keatley Spring Branch, thence running N. 88deg. E. 37 poles crossing County Road to four Dogwoods; thence along the said road N. 43deg. W. 20 poles to four Sourwoods on the west side of said road, N. 11 deg. 15′ W. 5 poles to a Red oak; thence N. 25deg. E. 6 poles to a small White Pine, N. 5 Poles 17 links to a rock in edge of said County Road; N. 2deg. 30′ W. (described as N. 20deg. 30′ W. in former deeds) 8 poles to a stake at the corner of a fence; thence along the said fence, S. 85deg. W. passing a Chestnut Oak near said fence at 14 poles; thence 22 poles to a stake by said fence; thence S. 53deg. W. 90 poles to a Dogwood by a spring; thence S. 60deg. W. 10 poles to a stone at the corner of a fence; thence S. 51deg. W. 16 poles to a bunch of Chestnuts at corner of fence, and in a line of the old Asa Belcher line, now the Will Snider line, and with it S. 40deg. 30′ E. 15 poles to an old Chestnut corner to same; S. 75deg. E. 3 poles to a Chestnut oak; thence N. 86deg. E. 4 poles and 18 links to a Sourwood and Dogwood; thence S. 86deg. W. 60 poles to Hemlock on Keatley Spring Branch; thence up the said branch N. 2deg. E. 5 poles 14 links; N. 43deg. E. 9 poles; N. 7deg. 10′ E. 14 poles; N. 15deg. 30′ W. 15 poles to the BEGINNING, and containing 30 acres, more or less.”
“There is expressly included in this conveyance that certain 1.08 acre parcel conveyed unto Barry A Fowler and Linda G. Fowler by deed of Billy L. Fowler and Bonnie L. Fowler, dated the 28th day of December, 1995, recorded in Office of the Clerk of the County Commission of Mercer County in Deed Book 766, at Page 173”.
“This conveyance is made expressly subject to all pertinent restrictions, reservations, and easements of record.”

TERMS OF SALE

1. Cash in hand paid on the day of sale.

2. The sale of the property will be made subject to all matters having priority over the deed of trust referred to herein including but not limited to any and all assessments and taxes against said property, all prior liens, encumbrances, lease, restrictions, covenants, conditions, rights of way and easements of any nature whatsoever.

3. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code 11-22-2.

4. The subject property will be sold in “AS IS” condition. The Substitute Trustee makes no representations and warranties of any kind or character including, but not limited to, the condition of the real estate or the title to the real estate to be conveyed.

5. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.

6. The Substitute Trustee reserves the right to adjourn the sale, for a time, or from time to time, without further notice by announcement at the time and place of the sale described above.

7. The beneficiary of the Deed of Trust and holder of the note thereby secured reserves the right to submit a bid for the property at the sale, which bid may be in the form of a credit bid.

8. Such other terms as may be announced at the time of Sale.

Given under my hand this 10th day of February, 2020.

J. Patrick Jones, Substitute Trustee
304-529-8560

ID: 362759