NOTICE OF TRUSTEE’S SALE
PUBLIC AUCTION
In execution of a certain Deed of Trust dated August 3, 2012, recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Trust Deed Book 898, at Page 464, given by William A. Smith and Carole A. Smith, his wife, to P. Michael Pleska and F. Thomas Graff, Jr., Trustees for United Bank, (successor by merger with 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 December 5, 2019, and recorded in the aforesaid Clerk’s Office in Trustees Deed Book 1023, at Page 236, 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 Fayette County, Fayetteville, West Virginia, on Thursday March 12th, 2020, at 10:00 o’clock a.m., the following described real estate situate in Kimberly, Fayette County, West Virginia, and being more particularly bounded and described as follows, to-wit
TRACT 1: LOT NO. 6, SEC.3 in that certain plan of lots entitled “Subdivision of Surface Tracts, Section 3, Kimberly, Fayette County, West Virginia, a map of which is recorded in the Fayette County Clerk’s Office in Map Book 11, at Page 16.
TRACT II: All that certain portion of land formerly occupied by the pump house of the Armstrong Public Service District, situate in the Community of Kimberly, Valley District, Fayette County, West Virginia, which said tract is approximately 10 feet square and was the southwest corner of Lot 6, Section 3, Kimberly, West Virginia, as shown on ma map of said Section of Kimberly, West Virginia, recorded in the Fayette County Clerk’s Office in Map Book 11, at Page 6.
And being the same property conveyed unto William A. Smith and Carole A. Smith, and the survivor of them, his wife, by deed of Geraldine S. Lundy, dated the 28th day of February, 2007, and recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed Book 628, at Page 142. The said William A. Smith died March 9, 2014, thus vesting full ownership of subject property in Carole A. Smith.
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 party in interest is not a member of the Armed Forces of the United States, and are therefore not entitled to the benefits of the Service Members Civil Relief Act.
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 6TH DAY OF FEBRUARY, 2020.
PAUL O. CLAY, JR.
SUCCESSOR TRUSTEE