NOTICE OF TRUSTEE’S SALE PUBLIC AUCTION In execution of a certain Deed of Trust dated February 22, 2011, recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Trust Deed Book 872, at Page 540, given by Gayle Wayne Swaggerty and Kelly Jean Swaggerty to P. Michael Pleska and F. Thomas Graff Jr., Trustees for 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 March 24, 2016, and recorded in the aforesaid Clerk’s Office in Trust Deed Book 965, at Page 132, 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 Tuesday October 11, 2016, at 10:00 o’clock a.m., the following described real estate situate in the New Haven District, Fayette County, West Virginia, and being more particularly bounded and described as follows, to-wit: TRACT I BEGINNING at an iron pin, a common corner to Leroy Gilbert’s 7.17 acre tract and Land Company, thence leaving Gilbert and with a line through said Land Company N 29-35 E 1043.00 feet to a stake on the southern most right of way line of a county road, thence with the southern most right of way and with its meanders S 41-52 E 427.8 feet to a point on right of way, thence with same S 56 31 E 113.6 feet to point on said right of way, thence with same S 47-15 E 346.1 feet more or less to a stake on said right of way and on the line of tract of real estate of James Shuck, thence leaving said county road and with the line of said James shuck S 75 55 W 1186.3 feet passing an iron t-rail at 870.5 feet, a common corner to Gilbert’s 7.17 acre tract and said James Shuck, to the point of beginning, containing 11.36 acres, more or less. TRACT II BEGINNING at a T rial by a hollow, common corner of Dallas Royce and Lane Shuck and on a line of Berwind Land Company, thence with Shuck S 4 07 W 1229.41 feet to an iron pin with a 4″ Locust witness by a road on a strip mine bench, thence leaving Shuck and through the orginal tract and with the road N 36 35 W 262. 80 feet to an 8″ Locust, thence S 86 53 W 130.54 feet to an iron pin, thence leaving road and continuing through the original tract N 4 07 E 947.97 feet to an iron pin with a 6″ hickory and 10″ poplar witness in a line of Berwind Land Company, thence with Berwind N 75 55 E 315.80 feet to the beginning, containing 7.17 acres as shown on a plat titled 7.17 acre tract to be conveyed to Leroy Gilbert. And being the same property conveyed unto Gayle W. Swaggerty (aka Gale W. Swaggerty) and Kelly Jean Swaggerty, his wife, by deed of Jacqueline Storck, dated the 12th day of December, 2007, and recorded in Deed Book 635, at Page 592. The said Gayle Waye Swaggerty is a convicted felon and by Order dated May 19, 2016, in Civl Action 16-C-137, United Bank Inc v. Gale Wayne Swaggerty and Kelly J McCarville (formerly Swaggerty) Attorney Erwin L. Conrad, was appointed Guardian Ad Litem for Gale Wayne Swaggerty. And further, by Order dated September 1, 2016, the Court ordered that the Guardian Ad Litem accept service of the Foreclosure on behalf of Mr. Swaggerty. 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 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 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 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. MINIMUM BID: It will be noted that the minimum bid on subject property will be $15,000.00. 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 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 7TH DAY OF SEPTEMBER, 2016. PAUL O. CLAY, JR. SUCCESSOR TRUSTEE 10-10-MON-3-FT; L393
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