Source: June 29, 2015 Read More →


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 Greenbrier West Virginia, and by Deed of Trust dated June 4, 2003, executed by John W. Hylton and Marisa S. Hylton to Dan L. Withers, Trustee, which deed of trust is of record in the Office of the Clerk of  County, West Virginia, in Trust Deed Book 503 at Page 893, 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 July 23, 2015, at 1:00 p.m. to the highest bidder at the front door of the Courthouse of said County of Greenbrier, in Lewisburg, West Virginia, which real estate is more completely described as follows:
That certain tract or parcel of real estate, together with any improvements thereon and appurtenances thereunto belonging, situate in the community of Fairlea, in Fort Spring District of Greenbrier County, West Virginia, and being more particularly bounded and described as follows:
“Beginning at a 1” iron pipe, found, on the southerly edge of a 30 foot wide road, corner to Stanley Fullen (DB 379, Pg 286) and corner to Carol Jean Fullen (DB 379, Pg 266), of which this description is a part of, from which S 41-05-44 E, 30.03 feet bears a 1” iron pipe, thence with Stanley Fullen’s lines; S 48-55-56 W, 161.56 feet to a 1” iron pipe, found, thence; N 41-05-34 W, 190.00 feet to a 5/8” threaded rebar, set, on the line of Stanley Fullen, corner to Parcel B, from which N 41-05-34 W, 421.97 feet bears a 1” iron pipe, thence leaving Stanley Fullen and going through Carol Fullen’s property with Parcel B, N 48-54-26 E, 161.56 feet to a 5/8” threaded rebar, set, corner to Parcel B, thence; S 41-05-34 E, 190.07 feet to the point of beginning, containing 0.705 acres (30,701.22 sq. ft.) as surveyed in April of 1995 by Rickford Walton, PS 856, Leivasy, WV.”
There is also hereby conveyed a 30 foot right-of-way as described and shown on “Plat Showing the Harry M. Fullen Estate” as surveyed by N. Eugene Kelley Surveying Company on the 4th day of March, 1986, and of record in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia in file 36A.
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, right of ways and easements of any nature whatsoever. Subject to the redemption rights of the Internal Revenue Service as set forth in 11 U.S.C §7425.
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 23rd day of June 2015.
J. Patrick Jones, Substitute Trustee