NOTICE OF TRUSTEE’S SALE
PUBLIC AUCTION
In execution of a certain Deed of Trust dated December 19, 2008, recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Roll 5034, at Page 4422, given by Curtis Staton and Johnette Staton, to P. Michael Pleska and F. Thomas Graff, Jr, Trustees for United Bank (formerly United Bank, Inc.), said Trustees failing to perform, Paul O. Clay, Jr., Successor Trustee was appointed as evidenced by that certain Removal of Trustee and Substitution Thereof, dated September 10, 2019, and recorded in the aforesaid Clerk’s Office in Roll 5070, at Page 3375, default having been made in the payment of the debt therein secured; and upon failure to cure said default; and being required by the beneficiary so to do, the undersigned Successor Trustee will sell at public auction at the front door of the Courthouse of Raleigh County, Beckley, West Virginia, on Monday December 9, 2019, at 11:00 o’clock a.m., the following described real estate situate inBeckley, Raleigh County, West Virginia, and being more particularly bounded and described as follows, to-wit
BEGINNING at a stake at the common corner of the aforesaid said Lot 2 and 1/2 of Lot 3 in the northern right of way of MacTaggart Drive; thence with said northern right of way line of MacTaggart Drive in a western direction S 52 degrees 22′ W 25 feet to a stake; thence leaving said right of way line of MacTaggart Drive and through said Lot 3, N 37 degrees 38′ W and parallel to and 25 feet from the common boundary line between that part of Lot 3 herein conveyed and the aforesaid Lot 2, 150 feet to a stake in the back line of Lot 3 and in the common boundary line between Lot 3 and the R.P. McLean lot; thence with the common boundary line between the part of Lot 3 herein conveyed and the R. P. McLean lot, N 52 degrees 22; E 25 feet to a stake, a common corner of the 1/2 of Lot 3 conveyed and the said Lot 2; thence with the common boundary line between the aforesaid Lot 2 and Lot 3, S 37 degrees 38′ E, 150 feet to the point of beginning, containing 3750 square feet, more or less, reference being made herein to the aforesaid map for the particular description of Lot 1 and 2.
And being the same property conveyed unto Johnette Staton by deed of Robert P. McLean, et als, dated May 18, 1966, and recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Book 449, at page 388.
The above described real estate will be conveyed by the undersigned Successor Trustee to the purchaser thereof by deed containing a covenant of SPECIAL WARRANTY and subject to all liens, reservations and exceptions appearing in the record title, and to the lien of all unpaid taxes, if any, which are entitled to priority over the lien of the aforesaid Deed of Trust.
The Successor Trustee herein asserts, to the best of his knowledge and belief, that the parties in interest are not members of the Armed Forces of the United States, and are therefore not entitled to the benefits of the Service Members Civil Relief Act.
FIRST LIEN:
It will be noted that there is an existing first lien on subject real estate as evidence by a Deed of Trust given by Curtis A. Staton and Johnette J. Staton, to Mr. Jim P. Williams, Trustee, for Wachovia Bank of Delaware, dated February 17, 2003, and recorded in the aforesaid Clerk’s Office in Roll 5009, at page 625. The said Curtis A. Staton died May 20, 2017.
REAL ESTATE TAXES:
Subject property will be sold by the undersigned Successor Trustee subject to real estate taxes presently a lien against subject real property. Any purchaser shall purchase subject to, and be responsible for, said real estate taxes.
TERMS OF SALE:
Cash on hand on day of sale. The above described real estate will be sold by the undersigned Successor Trustee by auction to the highest bidder subject to the right of the Trustee to reject all bids if in his opinion they are inadequate. The owners of the indebtedness secured by the above described Deed of Trust and the owners of any other interest in the property to be sold shall have the right to bid.
The Successor Trustee does not warrant title or fitness to this property; it is being purchased as is; this is a buyer beware sale and any buyer is advised to retain counsel before the sale.
CONTINUANCE OR
ADJOURNMENT OF SALE:
The Successor Trustee reserves the right to continue the sale, or to adjourn the sale, for a time, or from time to time, without further notice and announcement at the time and place of sale, as hereinabove set forth, or any continuance or adjournment thereof.
DATED THIS THE 22ND DAY OF OCTOBER, 2019.
PAUL O. CLAY JR.
SUCCESSOR TRUSTEE
ID: 318630