NOTICE OF TRUSTEE’S SALE
PUBLIC AUCTION
In execution of a certain Deed of Trust dated July 8, 2013, recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Trust Deed Book 916, at Page 141, given by Roger L. Harding and Angela J. Harding, to Douglas B. Ernest and Charles J. Mildren, Trustees for United Bank (successor by merger to 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 February 27, 2020, and recorded in the aforesaid Clerk’s Office in Trust Deed Book 1026, at page 172, 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 Monday April 20th, 2020, at 10:00 o’clock a.m., the following described real estate situate in Oak Hill, Fayette County, West Virginia, and being more particularly bounded and described as follows, to-wit
TRACT NO. 1: BEGINNING at a stake in the line of the creek, corner to the Farrish property (later owned by Maba) and running thence S 20 E 65 poles to a stake, thence S 85-45 E 43 1/2 poles to a stake designated in original deed as rock corner, thence N 6-1/2 W 32 poles to a white oak and birch, thence S 64 E 20 poles to a stake, thence N 33-1/2 W 65 poles to a stake in the line of the creek, thence with the creek as it meanders to the beginning, containing 22.6 acres.
There is, however, excepted and reserved from the above described real estate that certain parcel conveyed by William J. Lewis, et ux, to the West Virginia Water Service Company by deed dated the 27th day of July, 1935, and recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia in Deed Book 80, at Page 536.
There is further reserved from Tract I the coal and other minerals, together with mine rights, the same having been reserved in former conveyances.
There is further granted and conveyed that certain roadway, approximately 25 feet in width, beginning at the most southwestern corner of a 9.4 acre tract owned by C.S. Donnelly and running in, on or about the southern boundaries of said tract and a 8.3 acre tract owned by Mrs. Gay Mitchell Donnelly to the property owned by the party of the first part, said roadway being commonly known as the “old roadway to the William J. Lewis homeplace” and being the same road used by the party of the first part.
TRACT NO. 2: BEGINNING at a stake in a branch, corner to Tract No. 1 as described y deed of Blaine Downey, et ux, to A.B. Elam, et ux, said deed being dated May 6, 1946, and of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed Book 114, at Page 362, thence with S 11-00 E 376 feet to two small black oaks, thence leaving S 89-00 E 111 feet to a stake, thence N 21-00 W 380 feet to a stake in the center of the aforesaid branch, thence with the branch due west 38 feet to the beginning, containing 0.6 of an acre.
TRACT NO. 3: BEGINNING at a stake in a branch by an ash, corner to Woods and with branch N 71-30 W 434 feet to a stake in said branch by an ash, thence leaving the branch S 21 E 380 feet to a rock on top of a ridge, thence S 71-30 E 434 feet to a stone in line of Woods, and with N 21 W 380 feet to the beginning, containing three acres.
And being the same property conveyed unto Roger L. Harding and Angela J. Harding by deed of Melody A. Meadows, dated the 8th day of July, 2013, recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed Book 697, at Page 266.
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.
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 3RD DAY OF MARCH, 2020.
PAUL O. CLAY, JR.
SUCCESSOR TRUSTEE