Fayette

ORDER OF PUBLICATION

IN THE CIRCUIT COURT OF FAYETTE COUNTY, WEST VIRGINIA U.S. BANK TRUST, N.A., as Trustee for LSF8 Master Participation Trust, Plaintiff, vs. ESTATE OF OSCAR FITZWATER, a/k/a OSCAR T. FITZWATER, by Raymond Lewis Frye, Jr., Executor, RAYMOND LEWIS FRYE, JR., and CITIBANK, NATIONAL ASSOCIATION, Successor by merger to CITIBANK SOUTH DAKOTA, N.A., Defendants. Civil Action No. 16-C-233 ORDER OF PUBLICATION The above entitled action is a civil suit brought on behalf of U.S. Bank Trust, N.A. as Trustee for LSF8 Master Participation Trust against the Estate of Oscar Fitzwater, a/k/a Oscar T. Fitzwater, by Raymond Lewis Frye, Jr., Executor; Raymond Lewis Frye, Jr. and Citibank National Association, Successor by merger to Citibank South Dakota, N.A. The Plaintiff seeks a declaration that the documents recorded in the Fayette County Clerk’s office consisting of a Deed of Trust recorded in Trust Deed Book 729, at page 1, the Trustee Deed appearing in Deed Book 704 at page 478 and the Trustee’s Report of Sale appearing in Report of Sale Book 30 at page 600 by reformed by Order of the Court to correct the legal description of 141 High Street, Fayetteville, West Virginia to include both Parcels 17-1 and Parcel 17. And it appearing by an Affidavit filed in this action that the whereabouts of Raymond Lewis Frye, Jr. is unknown, and that counsel for the Plaintiff has used due diligence to ascertain such information without effect. It is therefore ordered that Raymond Lewis Frye, Jr. individually and as the Executor of the Estate of Oscar Fitzwater do serve upon Stephen L.Thompson, Plaintiffs attorney, whose mailing address is P. 0. Box 129, Charleston, West Virginia, 25321, an answer or other defense to the Complaint filed in this action on or before December 28, 2016 otherwise judgment by default will be taken against Raymond Lewis Frye, Jr. individually and as the Executor of the Estate of Oscar Fitzwater at any time thereafter. A copy of said Complaint can be obtained from the undersigned Clerk at his office. ENTERED by the Clerk of the said Court November 14, 2016. Daniel E. Wright, Clerk of the Circuit Court of Fayette County, West Virginia 11-24-THU-1-FT L466