NOTICE OF TRUSTEE’S SALE
The undersigned Trustee, by virtue of the authority vested in him by that certain Deed of Trust executed by Catherine A. Boyd and Christopher M. Grose, to Mike Day and Carl W. Roop, dated May 1, 2008, and of record in the Office of the Clerk of the County Court of Fayette County, West Virginia in Trust Deed Book 821, page 554, Gavin Ward being named Substitute Trustee on September 28, 2018 of record in Deed Book 1004, at Page 53, said Deed of Trust being presently in default, the said Trustee having been requested by the beneficiary thereof so to do, NOW, THEREFORE, I, GAVIN WARD, Trustee as aforesaid, will proceed to sell the hereafter described real estate at public auction on the 19th day of November, 2018, at the hour of 10 a.m., to the highest bidder for cash in hand at the front door of the Courthouse of Fayette County, West Virginia, which real estate is located in the Richmond District, Fayette County, West Virginia, and is more particularly described as follows:
BEGINNING at a 5/8″ rebar with cap (set) on the eastern R/W of Toney Fork Rd. corner to Lot 1 and on line of Tract “B” of the Cordia Miller Division, of which this is a part; thence leaving Lot 1 and with said road R/W the following six general bearings and distances, N 26deg. 02′ 59″ E 45.88′, N19deg. 36′ 35″ E 67.19′, N 11deg. 48′ 40″ E 98.88, N 77deg. 07 04″ E 66.56′, N 11deg. 25′ 25″ E 43.18′, N 00deg. 18′ 36″ E 31.20′, to a 1/2″ iron rod (set) in an old fence line, corner to Wilda Toney and Ronnie Hall, S 57deg. 08′ 00″ E 186.37′; crossing Toney Fork to a 14″ iron rod (set) in an old fence corner (post gone); thence continuing with Toney and Hall, N 28deg. 31′ 21″ 96.09, to a 1/2″ iron rod (set) between a 22″ birch and a 25″ gum in an old fence line, said iron rod bears S 39deg. 18′ 17″ E 13.68′, from a T-Rail (found) and is on one line of White Oak Limber Co.; thence leaving Toney and Hall and with White Oak Lumber, S 44deg. 07′ 34″ E 583.63′, to a roof bolt (set) on top of a ridge corner to White Oak Lumber and Rodney Toney, said roof bolt bears N 44deg. 07′ 34″ W 16.07′, from a T-Rail (found); thence leaving White Oak Lumber and with Rodney Toney, S 10′ 46′ 55″ W 400.00′, to a 3/4″ rebar (set) in a hollow on the west side of an old fence line, corner to Lot 1; thence leaving Rodney Toney and with Lot 1 on a new line through Tract “B” of the Cordia Miller division, N 51deg. 14′ 54″ W 796.69′, to the beginning, containing 6.64 acres, more or less. All bearings based on the magnetic meridian of the year 2002, having a declination of 8′ 03″ West. Said tract is described as “Lot 2 of Tract “B”, 6.64 Acres” on a plat entitled “Plat Showing Survey for Neal Portzen and Cathy Huffman Situate on the Waters of Mossy Creek, Along Toney Fork Road, Plateau District, Fayette County, West Virginia, Scale 1” = 100′, January 2003, which plat is of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: 128 Toney Creek Road, Scarbro, West Virginia 25917.
THIS SALE IS MADE subject to such easements, rights of ways, restrictive covenants, reservations and agreements as are contained and set forth in prior deeds of conveyance pertaining to said real estate.
TERMS: Ten Percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the purchase price is payable in cash and/or certified funds as deposit at the time of the sale with the balance due and payable within 30 days of the date of sale.
SAID SALE SHALL BE SUBJECT TO THE FOLLOWING CONDITIONS:
1) Subject to any and all mineral rights and reservations, stipulations, restrictions, reservations, easements, conditions and covenants contained in all former conveyances of the subject property or appearing of record in the aforesaid Clerk’s Office except any pertaining to race, color or creed.
2) Subject to all real estate taxes against said property and any taxes which constitute a lien upon the said property, but which are not yet due and payable.
3) The subject property will be sold in AS IS condition. The trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
4) The property will be conveyed by the undersigned Trustee to the purchaser without warranty of any kind, expressed or implied.
5) The aforesaid sale may be adjourned from time to time as the undersigned Trustee deems advisable, which adjournment may be made by oral proclamation at the time and place of the sale or any adjournment thereof.
GIVEN under my hand on this the 17th day of October 2018.
GAVIN WARD, Trustee
PREPARED BY:
Ward Law Office, PLLC
129 Main Street
Beckley, WV 25801
10-26-FRI-2-RH; LG 161654
ID: 161654