NOTICE OF TRUSTEE’S SALE
Pursuant to the authority vested in the undersigned J. Patrick Jones, Substitute Trustee by Notice of Substitution of Trustee which notice is of record in the Office of the Clerk of the County of Commission of Fayette County, West Virginia, in Trust Deed Book 851 at Page 240 and by Deed of Trust dated November 2, 2007, executed by Ernest Coleman to BB&T Collateral Service Corporation, Trustee, which deed of trust is of record in the Office of the Clerk of Fayette County, West Virginia, in Trust Deed Book 814 at Page 181, the undersigned Substitute Trustee has been requested, in writing, by the beneficiary of said deed of trust to sell the real estate described below, as there has been a default under the terms and conditions of said deed of trust. Therefore, the undersigned Substitute Trustee will sell the real estate described in the Deed of Trust, at a public auction on January 22, 2020 at 11:30 a.m. to the highest bidder at the front door of the Courthouse of said County of Fayette, in Fayetteville, West Virginia, which real estate is more completely described as follows:
All that certain property situated in the Town of Fayetteville, in the County of Fayette, State of West Virginia, and being described as follows: MAP 9 PARCEL 15. Being more fully described in a deed dated March 14, 1996 and recorded March 14, 1996, among the land records of the County and State set forth above, in Deed Volume 529 and Page 487, which deed describes the property as follows:
LOT NUMBER THREE (3) as shown on a plat of the same marked “Map of Academy Court Subdivision, Fayetteville, West Virginia,” made by James H. Hambrick, C. E., June 1, 1946, and filed in the office of the Clerk of the County Commission of Fayette County, West Virginia, in Map Book No. 9 at Page 79; to which map reference is here made for a more particular description of the surface lot herein conveyed, together with the right to use in common with the owners of the other lots situate in said subdivision, the streets, alleys, and other public ways located therein and thereon.
TERMS OF SALE
1. Cash in hand paid on the day of sale.
2. The sale of the property will be made subject to all matters having priority over the deed of trust referred to herein including but not limited to any and all assessments and taxes against said property, all prior liens, encumbrances, lease, restrictions, covenants, conditions, rights of way and easements of any nature whatsoever.
3. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code 11-22-2.
4. The subject property will be sold in “AS IS” condition. The Substitute Trustee makes no representations and warranties of any kind or character including, but not limited to, the condition of the real estate or the title to the real estate to be conveyed.
5. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
6. The Substitute Trustee reserves the right to adjourn the sale, for a time, or from time to time, without further notice by announcement at the time and place of the sale described above.
7. The beneficiary of the Deed of Trust and holder of the note thereby secured reserves the right to submit a bid for the property at the sale, which bid may be in the form of a credit bid.
8. Such other terms as may be announced at the time of Sale.
Given under my hand this 2nd day of January, 2020.
J. Patrick Jones,
Substitute Trustee
304-529-8560