SUBSTITUTE TRUSTEE’S SALE OF VALUABLE REAL ESTATE
The undersigned Substitute Trustee, by virtue of the authority vested in him by that certain Deed of Trust, dated December 21, 2012, and duly recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Trust Deed Book 905 at page 714, Norma Jean Arbogast and Darrain Eugene Arbogast did convey unto Gary R. Mills, Trustee, certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Gregory A. Tucker, P.L.L.C. as Substitute Trustee by a Substitution of Trustee dated February 28, 2020, and recorded in the aforesaid clerk’s office in Book 1027 at page 461; and default having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by the secured party to foreclose thereunder, will offer for sale at public auction at the front door of the Fayette County Courthouse in Fayetteville, West Virginia, on
MONDAY, APRIL 20, 2020
at 9:00 A.M.
…. all that certain tract or parcel of real estate together with any buildings or improvements thereon situate in New Haven District, Fayette County, West Virginia, more particularly bounded and described as follows, to-wit:
BEGINNING at a 5/8 inch rebar (found) at the upper edge of 12 foot driveway, corner to the James A. Taylor 9.06 acre tract, thence with the said tract, S 12deg. 40′ 00″ W, 180.00 feet to a roof bolt (found) at a fence corner to the Taylor (9) nine acre tract, the James and Shirley Taylor (5) five acre tract which this lot is a part of, and John and Sandra Dorsey, from which a roof bolt (found) at a fence corner bears S 67deg. 07′ E, 115.14 feet, thence with Dorsey, N 67deg. 52′ 25″ W, 353.04 feet to 36 inch beech (found) at a fence corner, common corner to Dorsey, Taylor, and Myra Cameron, thence leaving Dorsey and Cameron, and through the Taylor (5) five acre tract, N 39deg. 55′ 37″ E, 209.87 feet to a 1″ pipe (set) on the upper high water mark of Mill Creek from which a small drain bears S 50deg. 15′ E, 6.23 feet, thence up Mill Creek for (2) two calls, S 68deg. 58′ 37″ E, 138.56 feet to point on high water mark of Mill Creek, thence, N 77deg. 13′ 42″ E, 122.08 (shown as 122.07 on original deed) feet 1″ pipe (set) on the high water edge of Mill Creek, from which a X on a rock on the North side of Mill Creek, corner to Gary and Kathy Cooper bears N 9deg. 48′ E. 55.15 feet, a 12 inch Water Birch bears N 61deg. 03′ E, 9.08 feet, and a 8 inch White Oak bears S 65deg. 54′ E, 13.52 feet, thence leaving Mill Creek, S 09deg. 48′ 00″ W, 97.00 feet to the beginning, containing 1.50 acres more or less as surveyed by Acord Surveying, Inc. of 616 Church Street, Summersville, WV, in May, 1994.
The above described real estate is subject to the right to use in common with others who may have a like right that certain twenty (20) foot wide road as more particularly shown upon the plat recorded with this deed for the purpose of ingress and egress to the public highway.
The above described real estate is further subject to that certain 20 foot wide easement conveyed unto Gary L. Brown and Peggy A. Brown by deed of Norma J. Taylor (Mourey) dated June 29, 2005, recorded in Deed Book 613, at Page 624, which easement is further described as follows:
BEGINNING at a point in the center line of an existing 12 foot easement of Gary L. Brown and Peggy A. Brown (DB 5941752) located on the Norma J. Taylor (now Mourey) 1.50 acre tract (DB 579/475), from which a 1 inch pipe corner found to Norma J. Taylor (now Mourey) bears N 15deg.38’E, 68.18 feet; thence through the Taylor lot and the centerline of the new 20 foot easement for five (5) lines; N 68deg. W, 14.64 feet to a point, thence; N 56deg.15′ W. 15.71 feet to a point, thence; N 46deg.38′ W, 27.11 feet to a point, thence; N 34deg.17′ W. 13.40 feet to a point at the beginning of a bridge, thence with the centerline of the bridge; N 29deg.47′ W 5.52 feet to a point on the line of Gloria W. Friedrichs 4.26 acre tract (DB 577/352), from which a 1 inch pipe comer found bears S 77deg.14’10” W, 76.92 feet and an “X” on a stone found on the north bank of Mill Creek bears N 49deg.48′ E, 110.51 feet.
Being that same tract or parcel conveyed to Darrain Eugene Arbogast and Norma Jean Arbogast by Darrain Eugene Arbogast and Norma Jean Arbogast, formerly known as Norma Jean Mourey, by deed dated July 24, 2012 and recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia in Deed Book 683, at page 591.
At the time of the execution of the Deed of Trust, this property was reported to have an address of 660 Hopewell Road, Victor, WV 25938.
The referenced real estate will be conveyed with no covenants of warranty, and subject to all covenants, restrictions, easements, rights of way and reservations which may be a matter of record in the aforesaid clerk’s office or visible upon the ground, all prior liens and encumbrances, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges. The purchasers at the sale shall be responsible for paying the recording costs and also the tax on the privilege of transferring real property (the cost of the tax stamp to be affixed to the deed).
The subject property will be sold in “AS IS” condition. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
TERMS: Ten percent (10%) of the purchase price as a cash deposit with the balance due and payable within 30 days of the day of sale.
FEDERAL TAX LIEN: 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.
Pursuant to the Deed of Trust, the Trustee may postpone the sale by public announcement at the time and place designated or by posting a notice of the same, and act by agent in the execution of the sale. The parties secured by the Deed of Trust reserve the right to purchase the property at such sale.
Dated the 18th day of March, 2020.
GREGORY A. TUCKER, P.L.L.C.
Substitute Trustee
By: GREGORY A. TUCKER, Member
719 Main Street
Summersville,
West Virginia 26651
(304) 872-2500