NOTICE OF TRUSTEE’S SALE
PUBLIC AUCTION
In execution of a certain Deed of Trust dated December 9, 2014, recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Trust Deed Book 942, at Page 128, given by Hico Development, Inc., to P. Andrew Vallandingham and Samuel Vallandingham, Trustees, for the First State Bank, 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 January 8, 2020, of record in the aforementioned Clerk’s Office in Substitution Trustee Book 1024, at page 554, 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 Trustee will sell at public auction at the front door of the Courthouse of Fayette County, Fayetteville, West Virginia, on Thursday, March 12, 2020, at 11:00 a.m., the following described real estate situate in New Haven District, Fayette County, West Virginia, which property is more particularly bounded and described as follows:
TRACT NO.1:
PARCEL 1: BEGINNING at a 3/4 inch iron pipe, found, on the line of the 51.2 acre tract of Jerry L. Cook and through the Cook property, N 27-00 E 139.42 feet to a 1 inch iron pipe, found; thence continuing through the Cook property, S 63-00 E 89.40 feet to a 1 inch iron pipe, found; thence continuing through Cook property S 63-00 E 15 feet to a point; thence S 27- 00 W 139.42 feet to a point on the line of the 51.2 acre tract; thence with the line of the 51.2 acre tract, N 63-00 W 104.40 feet to the beginning, containing 14,555.45 square feet.
PARCEL 2: Beginning at a point on the northeast side of a driveway leading out to U.S. Route 60; located 15 feet S 63deg. 00’E from an iron pin on the northwest side of driveway leading to U.S. Route 60; thence through the Cook property, S 63-00 E 40.00 feet to a point; thence continuing through the Cook property, S 27-00 W 139.42 feet to a point on the line of the 51.2 acre tract; thence with the line of the Jerry Cook 51.2 acre tract, N 63-00 W 40.00 feet to a point; thence leaving the 51.2 acre tract and continuing through the Cook property, N 27-00 E 139.42 feet to the beginning and containing 5,576.55 square feet.
TRACT NO.2: BEGINNING at a point which is fifty (50) feet from the stake at the common corner of Lots No. 2 and 3, said stake being located at and being the northwestern corner of Lot No. 3, and which said northwestern corner of Lot No. 3 is also on the southwestern edge of the right-of-way line of U. S. Route 60, and which said beginning point is fifty (50) feet from said southwestern edge of the aforesaid right-of-way; thence with the common line between said Lots No.2 and 3 S 27deg. W 200 feet to a point in said common line between Lots No.2 and 3; thence S 63deg. E 85 feet to a point 15 feet from the common line dividing Lots No.3 and 4; thence N 27 deg. E 200 feet and parallel with the common line between Lots No. 3 and 4 to a point which is fifty (50) feet from the southerly edge of U. S. Route 60 right-of-way line; thence N 63deg. W 85 feet to the place of beginning.
Together with that certain appurtenant right of way for the purpose of ingress and egress over and on the fifty (50) by one hundred (100) foot parcel which is located between the land herein described and the right-of-way line of U. S. Route 60.
TRACT NO.3: BEGINNING at a point in the common line between Lots No.2 and 3 and at the front corner of the Robert S. Watkins and Emalene G. Watkins line; thence with the Watkins line S 63 E 85 feet to a point 15 feet from the common line dividing Lots No. 3 and 4 and running 15 feet distant therefrom S 27 W 185.26 feet to a point in the line of Lot No. 3,which said point is 15 feet from the corner of Lot 3, thence with the back line of Lot 3, N 63 W 85 feet to a stake at the corner of Lots 2 and 3; thence with the line between Lots 2 and 3 N 27 E 185.6 feet to the point of beginning, containing ___ sq. ft., more or less, together with the right to use as a right of way for road purpose a certain strip or parcel of land 15 feet wide and 435.6 feet long which is part of Lot 3, adjacent the dividing line between Lots 3 and 4, for ingress and egress from said land hereby conveyed to U. S. Route No. 60.
TRACT NO. 4: Beginning at a stake the northwestern corner of Lot No. 3, in the southern right of way line of U. S. Route No. 60; thence with the western line of Lot 3, S 27 W 435.6 feet to a stake, corner to same; thence N 63 W approximately 265 feet to a stake in line of J. L. Beury Estate; thence with the same N 48-30 E approximately 475 feet to the southern right-of-way line of U. S. Route 60; thence with same S 63 E approximately 50 feet to the beginning, containing 1.51 acres, more of less.
TRACT NO. 5: Beginning at a stake on the southwestern edge of the right-of-way line of U.S. Route 60, corner to Lot No. 4; thence with said right of way line N 63 W 100 feet to a corner to Lot No. 2; thence with the common line between said Lots 2 and 3 S 27 W 435.6 feet to the back corner to said Lots 2 and 3; thence S 63 E 100 feet to a stake corner to Lot No. 4 and with the common line between Lot 4 and Lot 3 N 27 E 435.6 feet to the point of beginning
There are however, excepted and reserved from the above described tract that certain tract conveyed by Deed dated April 28, 1964, by and between Carl Cook and Elsie Cook, his wife, and Jerry L. Cook and Donna J. Cook, his wife, of record in the aforesaid Clerk=s Office in Deed Book 225 at Page 15, and by Deed dated July 28, 1976, by and between Elsie Cook, widow, and Jerry L. Cook and Donna J. Cook, his wife, or record in said Clerk=s Office in Deed Book 346 at Page 301.
TRACT NO. 6: Beginning at a 5/8 inch rebar with cap (set), on line of J.L. Beury Estate, Inc., and corner to L & T Construction, Inc., from which a 5/8 inch rebar (found), on the North right-of-way line of State Route #60, bears N 50 deg. 44′ 54″ E 541.26 feet, and a 4-inch Beech bears N 05 deg. 16′ 42″ W 5.50 feet, thence S 63 deg. 00′ 00″ E at 228.80 feet passing a 3/4 inch iron pipe (found), corner to said L & T Construction, Inc., and corner to Ruth Ann Cook, from which a 3/4 inch iron pipe (found), corner to same bears N 27 deg. 24′ 13″ E 139.42 feet, and in all 347.56 feet to a railroad spike (set), in a gravel access road, corner to Jerry L & Donna J. Cook, from which a 5/8 inch rebar with cap(found), corner to same bears N 50 deg. 13′ 16″ E 473.07 feet, and a 1 inch iron pipe (found), bears S 63 deg. 00′ 00″ E 305.24 feet, thence, through Jerry L. & Donna J. Cook 51.2 acre tract, from which this lot is a part, along the West Side of a gravel access road for four (4) lines S 23 deg. 04′ 47″ W 25.07 feet to a point, thence S 18 deg. 23′ 56″ W 36.80 feet to a point, thence S 09 deg. 38′ 40″ W 47.85 feet to a point, thence S 02 deg. 16′ 00″ W 47.40 feet to a 5/8 inch rebar with cap (set), on the West Side of said gravel access road, a new corner to said Jerry L. & Donna J. Cook, from which the Northeast corner of a mill bears S 63 deg. 31′ 50″ W 56.71 feet, thence S 42 deg. 31′ 10″ W 220.51 feet to a 5/8 inch rebar with cap (set), a new corner to said Jerry L. & Donna J. Cook, and a point on line of the J. L. Beury Estate, Inc., from which a quad Oak bears S 05 deg. 19′ 42″ W 21.17 feet, thence N 16 deg. 55′ 06″ W 484.30 feet to a 5/8 inch rebar with cap (set), corner to said J. L. Beury Estate, Inc., from which a 10-inch Beech bears S 33 deg. 50′ 48″ W 6.72 feet, thence N 50 deg. 44′ 54″ E 15.00 feet to the beginning Containing 1.71 acres more or less as surveyed in July 2010, by Acord Surveying, Inc. of 616 Church Street, Summersville, West Virginia.
TRACT NO. 7: BEGINNING at the north angle made by the intersection of J R & K Turnpike (above) with the new location of U. S. B W.Va. 60, corner to G. L. Neal, crossing J R & K Pike on N 82-1/2 W 8 rd to a Red Oak stump on Northside of a pond; thence with Neal=s fence, S 36-1/2 W 20 rd and N 56-1/2 W 10.6 rds to Tim-Zim Road; thence with the said road, S 61-1/2 W 8 rd to top of ridge; thence with top of ridge and a fence, thru tract, S 59 E 20 rd, S 41-1/2 E 12 rd, and S 5 E 13 rd to Jos A Sandige fence and line; thence with Sandige line fence, N 67-1/2 E 21 rd to right of way of U.S. B W.Va. 60; and thence (a general course) with said right of way N 21 W 40 rd, crossing J R & k Pike to the beginning, containing 6.25 acres, more or less.
Excepting and reserving an Adverse Conveyance deed of G.L. Neal et al to West Virginia Department of Highways for 0.4 acres, dated April 2, 1970, which deed is of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia in Deed Book 291, at page 309.
And being the same tracts or parcels conveyed to HICO Development, Inc. by deed of L&T Construction, Inc. dated the 9th day of December, 2014, which deed is of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia in Deed Book 717, at page 315.
TRACT NO. 8: BEGINNING at the north angle made by the intersection of J R & K Turnpike (above) with the new location of U. S. B W.Va. 60, corner to G. L. Neal, crossing J R & K Pike on N 82-1/2 W 8 rd to a Red Oak stump on Northside of a pond; thence with Neal=s fence, S 36-1/2 W 20 rd and N 56-1/2 W 10.6 rds to Tim-Zim Road; thence with the said road, S 61-1/2 W 8 rd to top of ridge; thence with top of ridge and a fence, thru tract, S 59 E 20 rd, S 41-1/2 E 12 rd, and S 5 E 13 rd to Jos A Sandige fence and line; thence with Sandige line fence, N 67-1/2 E 21 rd to right of way of U.S. B W.Va. 60; and thence (a general course) with said right of way N 21 W 40 rd, crossing J R & k Pike to the beginning, containing 6.25 acres, more or less.
Excepting and reserving an Adverse Conveyance deed of G.L. Neal et al to West Virginia Department of Highways for 0.4 acres, dated April 2, 1970, which deed is of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia in Deed Book 291, at page 309.
And being part of the same property conveyed to Hico Development, Inc., a terminated entity to Hico Development, Inc. by deed dated the 9th day of December, 2014, which deed is of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed Book 717, at Page 309.
The above described real estate will be conveyed by the undersigned 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 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 is therefore not entitled to the benefits of the Service Members Civil Relief Act.
REAL ESTATE TAXES:
Subject property will be sold by the undersigned 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 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 owner of the indebtedness secured by the above described Deed of Trust and the owner of any other interest in the property to be sold shall have the right to bid.
CONTINUANCE OR
ADJOURNMENT OF SALE:
The 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 ___DAY OF FEBRUARY, 2020.
PAUL O. CLAY, JR
TRUSTEE