NOTICE OF TRUSTEE’S SALE
NOTICE IS HEREBY GIVEN that by virtue of a deed of trust dated December 20, 2008 (the “Deed of Trust”), made by Charles R. Stevens and Connie S. Stevens to Philip A. Prichard, Trustee, of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Trust Deed Book 944, at Page 40, to secure First Exchange Bank in the payment of the sum of $60,000.00, evidenced by a negotiable promissory note bearing even date therewith, and First Exchange Bank being authorized and empowered to designate and appoint one or more substitute trustees in the place and stead of the trustee named in the Deed of Trust and the undersigned, Appalachian Title Services, LLC, a West Virginia limited liability company, having been so appointed by the terms of a Designation of Substitute Trustee of record in said Clerk’s office, and default having been made in the payment of said indebtedness and said Substitute Trustee having been requested in writing so to do by First Exchange Bank, the owner and holder of said note, said Substitute Trustee, on
WEDNESDAY, MARCH 24, 2021
AT 2:00 P.M. EASTERN TIME
will offer for sale and sell at public auction at the front door of the Marion County Courthouse in Fairmont, West Virginia, to the highest bidder therefor, all of the following described lots or parcels of real estate, together with the buildings and improvements thereon and the appurtenances thereunto belonging, situate in the Burt Addition to the City of Mannington, Mannington District, Marion County, West Virginia, a map or plat of which said Burt Addition is recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book 75, at Page 146, and being more particularly bounded and described as follows:
FIRST PARCEL: Part of Lot No. 1, in Block No. 2 of said Burt Addition, situate at the corner of Highland Street and Grant Avenue, and being forty (40) feet by fifty-eight (58) feet and fronting forty (40) feet on Highland Street by fifty-eight (58) feet on Grant Avenue.
SECOND PARCEL: The rear part of Lot No. 1, in Block No. 2 of said Addition, beginning at a point in Grant Street, corner to property heretofore conveyed to John Brock and Nella Brock, which beginning point is 58 feet from corner of Highland Street, and Grant Street; thence 100 feet with the line of Grant Street to the corner of Grant Street and an alley; thence with said alley, 46 feet to a point in said alley, in the line thereof, corner to Lot No. 2; thence with line of said Lot No. 2, 100 feet, more or less, to a corner of lot sold to Brocks; thence with the line of Brocks, or assignees, 40 feet to the beginning.
THIRD PARCEL: LOTS NUMBERS TWO (2), THREE (3), FOUR (4) AND FIVE (5) IN BLOCK NUMBER TWO (2) of the said Burt Addition to the City of Mannington, as shown and designated on the map or plat thereof; each of said Lots Numbers Two (2), Three (3) and Four (4) in Block Number Two (2) fronts forty (40) feet on Highland Street and extends back to a thirty (30) foot drive, and said Lot Number Five (5) in Block Number Two (2) fronts eighty (80) feet on said Highland Street and extends back to a thirty (30) foot drive.
Being the same real estate conveyed to Charles R. Stevens and Connie Stevens, husband and wife, by Cathy Demas, et al., by deed dated December 16, 2008, and recorded in said Clerk’s Office in Deed Book No. 1043, Page 443.
This conveyance is made subject to all exceptions, reservations, covenants, conditions, agreements and limitations on record affecting said real estate to the extent the same are now effective.
TERMS OF SALE: Ten percent (10%) of the sales price shall be paid by cash, cashier’s check, or check guaranteed by bank letter of credit in acceptable form, in hand on the day of sale (the “Good Faith Deposit”), with the balance to be paid in cash at closing within 30 days after the date of sale. The sale of said property will be made subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real estate, and any and all unpaid taxes assessed against the Subject Property. The Subject Property shall be sold “AS IS” and “WITH ALL FAULTS.” The Substitute Trustee shall not be liable for any representations or warranties respecting the physical condition, size or characteristics of the Subject Property. Conveyance shall be by special warranty deed, and purchaser shall pay for all transfer stamps, recording fees, and other closing costs.
The risk of loss or damage to the Subject Property shall be borne by the foreclosure purchaser from and after the bid strikedown at the time of sale. The Substitute Trustee will not deliver possession of the Subject Property to the foreclosure purchaser, who shall be solely responsible for obtaining possession of the Real Property. Further, the Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the Subject Property to vacate said property, and any personal property and/or belongings remaining at the Subject Property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY.
Any sale hereunder may be adjourned from time to time without notice other than oral proclamation at the time and place appointed for the sale. The Substitute Trustee reserves the right to reject any or all bids. The party secured by the Deed of Trust reserves the right to purchase the property at such sale.
Additional terms and conditions shall be announced at the sale.
At public sale any person or entity may bid and may purchase any real estate sold if they be the highest bidder. If the real estate is sold for an amount in excess of the outstanding balance of the mortgage, together with all interest, unpaid real estate taxes and costs, said excess must be used to satisfy any other encumbrances on said property and after all said encumbrances are satisfied together with all interest and costs, any excess then remaining must be paid to the Grantor. If the Grantor or any person holding an encumbrance cannot be found after a diligent search, the money shall be paid into the Circuit Court of the county for the benefit of the Grantor or the holder of any such encumbrance.
In the event that there are federal tax liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer.
Dated: February 23, 2021.
APPALACHIAN TITLE SERVICES, LLC
Substitute Trustee
P. O. Box 1081
Bridgeport, WV 26330
(304) 641-7374
[email protected]
Times: March 3, 10, 2021
Sponsored by ZMM Architects and Engineers