NOTICE OF TRUSTEE'S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, WV Trustee Services, LLC, by that certain Deed of Trust dated November 18, 1999, executed by Borrower(s), Amanda Atha, John R. Atha, to Otis L. O'Connor, the Trustee of record in the office of the Clerk of the County Commission of Fayette County, West Virginia, in Book 584, at Page 637. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 1157 Gatewood Rd, Fayetteville, WV 25840. WV Trustee Services, LLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated April 29, 2026, of record in the Clerk's Office. The borrower(s) defaulted under the Note and Deed of Trust and the Substitute Trustees have been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustees will sell the following described property to the highest bidder at the front door of the Courthouse of Fayette County, in Fayetteville, West Virginia, on the following date:
7th day of July, 2026
at 11:40 a.m.
The following real estate, together with any improvements thereon, appurtenances thereunto belonging and rights incidental thereto, is situate in Plateau District, Fayette County, West Virginia, and being more particularly bounded and described as follows, to-wit:
BEGINNING at an iron pin (found) at the common corner of Violet Brubaker (DB 492/424), and hereinafter described parcel, and on line of Joseph Brubaker (DB 523/81), thence leaving Joseph Brubaker, and with the common line of Violet Brubaker, and herein described parcel -N 83° 53' E 153.75 feet to a roof bolt (found) at the common corner of Violet Brubaker and herein described parcel, thence S 1° 11' E 53.23 feet to an iron pin (found), thence S 3° 06' E 36.99 feet to an iron pin (set), thence with a new line through Lot 5A S 83° 54' W 144.22 feet to the point of BEGINNING and containing 0.307 of an acre, as shown upon a map or plat entitled "Plat Showing Subdivision of Lot 5A of the Minden Heights Subdivision A As Revised Owned By Terry D. & Karen L. Wriston, Situate On Gatewood Road, Plateau District, Fayette Co., WV Scale 1" = 50' August 5, 1999, surveyed by Plateau Surveying & Mapping, Inc., Oak Hill, WV. Everett W. Taylor P.S. 203 S.U., recorded with that certain deed of record in the Fayette County Clerk's Office in Deed Book 562, at Page 56.
There is further granted and conveyed, in trust, a right-of-way for the purposes of ingress and egress, 20 feet in width, along the western boundary of that certain tract containing 0.436 acre as shown on the aforementioned map, with the right to build, improve, maintain the same, to and from the aforedescribed 0.307 acre parcel.
And being the same real estate which was conveyed unto John R. Atha and Amanda L. Atha, husband and wife, by deed of Terry D. Wriston and Karen L. Wriston, husband and wife, dated the 18th day of November, 1999, to be recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Book 564, Page 501.
There is EXCEPTED and RESERVED a right-of-way to lay, maintain or replace a water line or other utilities, 20 feet in width, along the eastern boundary of the aforesaid parcel, with the right to install, maintain or replace the same, and by the acceptance of this deed, the party of the second part covenant and agree not to plant any plants or trees that will interfere with said rights which covenant shall run with the land.
This deed of trust is made and accepted subject to all validly continuing reservations, restrictions, covenants, conditions, rights-of-way and easements made or contained in all prior deeds in the chain of title to the land herein conveyed.
TERMS OF SALE:
1)The property will be conveyed in an "AS IS" physical condition by Deed containing no warranty, express or implied, subject to the Internal Revenue Service right of redemption, all property taxes, prior Deeds, liens, reservations, encumbrances, restrictions, rights-of-ways, easements, covenants, conveyances and conditions of record in the Clerk's office or affecting the subject property.
2)The Purchaser shall be responsible for the payment of the transfer taxes imposed by the West Virginia Code § 11-22-1.
3)The Beneficiary and/or the Servicer of the Deed of Trust and Note reserve the right to submit a bid for the property at sale.
4)The Trustee reserves the right to continue sale of the subject property from time to time by written or oral proclamation, which continuance shall be in the sole discretion of the Trustee.
5)The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate said property, and any personal property and/or belongings remaining at the property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY.
6)The total purchase price is payable to the Trustee within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale.
WV Trustee Services, LLC,
Substitute Trustee
BY: /s/Jim Ashley
Jim Ashley, Limited Signing Officer
WV Trustee Services, LLC
McGuire Office Center
618 Tenth Street, Suite 108
Huntington, WV 25701
(304) 853-3336
[email protected]