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 Credit Line Deed of Trust dated August 6, 2009, executed by Leslie D. Bolen and Rachel Bolen to Dianne Goff Crysler, Trustee, of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Book 5036, at Page 5251. Bailey & Slotnick, PLLC was appointed as Trustee by SUBSTITUTION OF TRUSTEE dated September 20, 2018, of record in the Clerk’s Office in Book 5068, at Page 5738. The borrowers 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 Raleigh County, in Beckley, West Virginia, on:
WEDNESDAY,
NOVEMBER 28, 2018, AT
10:15 O’CLOCK A.M.
All of that certain tract of land together with the improvements thereon and the appurtenances thereunto belonging, situate, on Dry Creek, a tributary of Marsh Fork, Marsh Fork District, Raleigh County, West Virginia, and being more particularly bounded and described as follows:
BEGINNING with a corner to Roscoe Jarrell, said point being located North of roadway and at the south edge of Dry Creek at the roots of a sycamore tree; thence with adjoiner Roscoe Jarrell S. 18deg. 00′ W. 785.5 feet to a point in the creek at the base of a large poplar tree; thence leaving said creek S. 25deg. 15′ W. 307.8 feet to a point located on a ridge; thence leaving adjoiner Roscoe Jarrell and the ridge N. 63deg. 00′ W. 172.4 feet to a point located in the creek; thence with the creek N. 12deg. 45′ W. 194.0 feet to a large birch tree; thence N. 6deg. 00′ W. 134.0 feet to the west side of a large poplar tree; thence N. 7deg. 45′ E. 350.8 feet to a point at the west side of a large maple tree; thence N. 6deg. 15′ E. 156.7 feet to a point on a large stone, said point being 2.0 feet west of twin poplar trees; thence N. 37deg. 20′ E. 146.3 feet to a small hickory tree; thence N. 21deg. 10′ E. 194.3 feet to where a large elm once stood; thence S. 64deg. 10′ E. 233.2 feet to the center of roadway in all 409.8 feet to the place of beginning, containing 9.50 acres, more or less.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: 806 Dry Creek Road, Dry Creek, WV 25062.
This is the same property conveyed unto Leslie D. Bolen and Rachel Bolen, by deed dated July 30, 2009, of record in the Clerk’s Office in Book 5036, at Page 5249.
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) Real estate taxes due and payable have been paid. All real estate taxes hereafter will be the responsibility of the purchaser.
4) 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.
5) 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.
6) 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.
7) The total purchase price is payable to the Trustee by cashier’s check, cash or money order 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. 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 $112,500.00.
8) For more information on this property, please see listing on the PROPERTIES FOR SALE WEBSITE: http://www.resales.usda.gov/.
Given under my hand this 6th day of November, 2018.
BAILEY & SLOTNICK, PLLC –
TRUSTEE
By: Marc J. Slotnick, Member
500 Virginia Street East,
Suite 600
Charleston, West Virginia 25301
Phone: (304) 3461800
WV State Bar No. 5956
11-27-TUE-2-RH; LG 171470
ID: 171470