Source: January 14, 2015 Read More →

NOTICE OF TRUSTEE’S SALE

NOTICE OF TRUSTEE’S SALE Notice is hereby given by the undersigned Successor Trustee, in accordance with the provisions of that certain Consumer Deed of Trust, dated November 18, 2002, made by Wesley A. Hatcher and Amanda L. Hatcher, as Grantor, unto Ottice R. Adkins and Carl W. Roop, as Trustee, of record in the office of the Clerk of the County Commission of Raleigh County, West Virginia, in Trust Deed Book 5008, at page 4722 (the “Deed of Trust”), securing repayment of indebtedness evidenced by that certain Variable Rate Consumer Promissory Note, dated November 18, 2002, payable by Wesley A. Hatcher and Amanda L. Hatcher to the order of First Community Bank, N.A., now known as First Community Bank, a Virginia-chartered commercial bank, in the original principal amount of $35,000.00 (together with all amendments, extensions, renewals, modifications, replacements, and substitutions, the “Note”), plus interest thereon, and all other indebtedness arising under the Deed of Trust and the Note. Pursuant to authority granted in the Deed of Trust, First Community Bank, the owner and holder of the Note secured by the Deed of Trust, appointed Richard M. Francis and Daniel J. Cohn, both residents of Kanawha County, West Virginia, to serve as Successor Trustee, by that certain Appointment of Successor Trustee dated December 16, 2014, of record in the aforesaid Clerk’s office in Trust Deed Book 5057, at page 4206. First Community Bank, the owner and holder of the Note secured by the Deed of Trust, has notified the Successor Trustee that Wesley A. Hatcher and Amanda L. Hatcher are in default under the terms of the Deed of Trust and the Note, and has requested, in writing, that the Successor Trustee sell the real property described in the Deed of Trust at public auction, in accordance with the terms of the Deed of Trust and applicable law. TAKE NOTICE that the undersigned Successor Trustee will offer for sale at public auction on the 28th day of January, 2015, at 10:00 a.m., EST, at the front door of the Raleigh County Courthouse, 222 Main Street, Beckley, West Virginia, all of the surface of that certain lot or parcel of land situate in Piney View Farms Addition, Town District, Raleigh County, West Virginia, as shown on a map recorded in the Office of the Clerk of the County Commission in Map Book 7, at Page 4, a portion of which said lot or parcel already having been conveyed by Ruth E. Adkins and Ralph M. Adkins, her husband, which said portion of Lot 13, Section 8 of Piney View Farms Addition is more particularly described as follows: BEGINNING at a point on Stonewall Road, said point being the common corner of Lots 12 and 13 as shown on aforementioned map; thence along common boundary N 15 degrees 00′ E 585 feet to a point; thence across Lot 13, S 75 degrees 00′ E 82 feet to a point; thence S 15 degrees W 585 feet to a point on Stonewall Road; thence along the boundary of Lot 13 and Stonewall Road, N 75 degrees 00′ W 82 feet to the point and place of beginning, and being a lot 82′ X 585′ adjacent to Lot 12 of said subdivision. And being the same property conveyed to Wesley Alan Hatcher and Amanda L. Hatcher, his wife, by deed dated the 12th day of June, 2000, from Diana Lee Adkins, single, and of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Deed Book 5002, at page 5572. The street address of the Real Property to be sold is, upon information and belief, 235 Stonewall Road, Beckley, West Virginia 25801. TERMS OF SALE The Real Property will be sold for cash in hand on the date of sale, or under any different, other or additional sale terms as the Successor Trustee, in his reasonable discretion, determines to be appropriate or advisable. The sale shall be further subject to the following: 1. Real estate taxes delinquent, due or payable or to become due and payable, all of which shall be the responsibility of the purchaser; 2. Any statutory lien or liens that may affect the subject property; 3. All covenants, conditions, restrictions, reservations, easements, and rights-of-way appearing of record in the chain of title to the property, or which may be visible from a physical inspection of the subject property; 4. All liens and encumbrances of any nature whatsoever, including, without limitation, liens for real estate taxes, and incinerator, sanitary, and sewer charges, having priority over the deed of trust referred to herein. 5. The purchaser at the sale shall be responsible for paying the costs of recording the Successor Trustee’s Deed and the tax imposed by the State of West Virginia on the privilege of transferring real property (the cost of the tax stamps to be affixed to the Deed). 6. All of the property to be sold will be sold “AS IS, WHERE IS” in the present condition and with all faults and defects, if any, and without any warranty or representation, express or implied. The Successor Trustee shall be under no duty to cause any existing tenant or person occupying the Real Property to vacate said property. The Successor Trustee will deliver a trustee’s deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by West Virginia Code c 38-1-6. The Successor Trustee makes no representations and warranties about the title to the real estate to be conveyed. If the Successor Trustee is unable to convey insurable or marketable title to the purchaser for any reason, purchaser’s sole remedy is return of deposit. 7. 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. 8. The undersigned Successor Trustee expressly reserves the right to reject any and all bids, and the right to adjourn the sale from time to time without notice other than oral proclamation at the time and place appointed for the sale. Such adjournment may be for a period of time deemed expedient by the beneficial owner, and shall not be construed to be a waiver of the right to make the sale contemplated by this Notice. 9. The beneficiary of the Deed of Trust and holder of the Note thereby secured reserves the right to submit a bid for the Real Property at the sale, which bid may be in the form of a credit bid. 10. The successful bidder will be required to execute a memorandum of sale upon the acceptance of the successful bid by the Successor Trustee. Additional terms of sale may be announced prior to the sale. Any inquiries regarding this sale may be directed to Richard M. Francis and Daniel J. Cohn, Successor Trustee, 600 Quarrier Street, Charleston, West Virginia 25301, telephone (304) 347-1100. DATED: December 30, 2014. /s/ Daniel J. Cohn Daniel J. Cohn, Successor Trustee 1-21-WED-2-RH L 2381