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 June 10, 2008, executed by Mitzi C. Cales to Rickie E. Rice, Trustee, of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Book 823, at Page 464. 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 449. 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:
THURSDAY, OCTOBER 3, 2019, AT 10:00 O’CLOCK A.M.
All that certain tract or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in Oak Hill District, Fayette County, West Virginia, and being more particularly bounded and described as follows:
LOT NO. 5 as shown on a map entitled “Map Showing Cherry Lane Subdivision Inc, Unit No. 1, near Oak Hill Plateau District, Fayette County, West Virginia, Scale 1″ = 100′, September, 1975, made by Pentree, Inc.”, a copy of which said map is of record in the Office of the Clerk of the County Commission of Fayette County, W.Va., in Map Book 18, at Page 54 and 56, to which reference is here made for a more particular description of the property hereby conveyed; together with the right to use in common with the owners of other lots shown on said map, the streets, alleys and ways shown thereon, also shown upon a map by recent survey made by Benbob, Inc., W.R. Bennett, dated November 20, 1978.
This is the same property conveyed unto Mitzi C. Cales from Robin Howell, Attorney in Fact for Robla G. Mankin, Jr. by Deed dated June 10, 2008, of record in the Clerk’s Office in Deed Book 639, at Page 734.
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 $45,096.00.
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 10th day of September, 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
9-26-2-FT; LG 300737