Legal 3 col x 15-1/4”
1016 1023
NOTICE OF SUCCESSOR TRUSTEE’S SALE
NOTICE IS HEREBY GIVEN THAT:
By virtue of that certain Deed of Trust dated November 6, 2020, made, executed, and granted by KEVIN A. LEE to JEFFREY D. NOBLE as Trustee for the benefit of FIRST COMMUNITY BANK (the “Secured Party”), and recorded in the office of the Clerk of the County Commission of Tucker County, West Virginia (the “Clerk’s Office”), in Deed of Trust Book 301, at Page 240 (the “Deed of Trust”), default in the performance of the obligations thereby secured having occurred, and pursuant to the terms thereof and to the written request of the holder of the indebtedness thereby secured, and further pursuant to the authority granted to the undersigned by that certain Appointment of Successor Trustee dated June 25, 2024, and recorded in the Clerk’s Office in Deed of Trust Book 323, at Page 402, the undersigned Successor Trustee will sell the following described real estate which is purported to have an address of 10 Pierce Benbush Rd., Thomas, West Virginia 26292 (the “Property”), at public auction to the highest bidder on
WEDNESDAY, OCTOBER 30, 2024 AT 10:00 A.M.
at the steps of the Tucker County Courthouse located at 215 1st St., Parsons, WV 26287:
All that certain tract, lot or parcel of land, together with the improvements thereon and the
appurtenances thereunto belonging including any manufactured structures, mobile homes, double wide
or modular homes, situate in Fairfax District, Tucker County, West Virginia, and being known as Lot
No. 2 in the Town of Benbush.
The property herein described is the same tract conveyed to Kevin Lee by Tamara J. Paugh and E.
Virginia Paugh, by deed dated January 31, 2006, and recorded in the Office of the Clerk of the County
Commission of Tucker County, West Virginia, in Deed Book 186 at page 515.
There is excepted and reserved from the aforesaid property all of the coal, oil and gas in, upon and
underlying the same together with the necessary mining and removal rights, as the same have
heretofore been excepted and reserved or conveyed away by the present or former owners.
This conveyance is made subject to all existing reservations, restrictions, exceptions, conditions,
easements, rights of way or other servitudes, if any, made, reserved or created in prior deeds of record
in said Clerk’s office, or which would be disclosed by a visual inspection of the premises. For the stated
consideration, the Grantor does further grant and convey unto the Trustee all rights of way and
easements, together with all appurtenances pertaining to the aforesaid real estate, whether presently
owned or hereinafter acquired, which are matters of record in said Clerk’s office or otherwise.
The sale shall be made subject to any and all easements, rights-of-way, exceptions, reservations, restrictions, covenants, conditions, leases, liens or encumbrances affecting title to the Property, and further to any state of facts that would be disclosed by or apparent upon an inspection or an accurate survey of the Property; provided, however, that any such restriction, covenant or condition indicating a preference, limitation or discrimination based on race, color, religion, sex, marital status, ancestry, disability, handicap, familial status or national origin is hereby deleted to the extent such restriction, covenant or condition violates 42 U.S.C. § 3604(c). The sale shall further be made subject to accrued and unpaid ad valorem real property taxes upon the Property, for which the purchaser will be responsible. The Successor Trustee makes no representations or warranties as to the validity or priority of such liens, taxes, encumbrances and other matters, if any.
TERMS OF SALE:
1. A buyer’s premium equal to five percent (5%) of the successful bid amount (“Buyer’s Premium”)
will be added to the successful bid amount to determine the contract sale price (the “Contract Sale Price”).
2. Cash in hand on the day of sale. The successful bidder shall tender a NONREFUNDABLE
deposit equal to ten percent (10%) of the Contract Sale Price to the Successor Trustee by
certified or cashier’s check or electronic fund transfer payable to the Successor Trustee at the time
of sale. Such deposit shall be NONREFUNDABLE, except as expressly provided by these Terms
of Sale. The remaining balance of the Contract Sale Price must be paid to the Successor Trustee by
certified or cashier’s check or electronic fund transfer no later than thirty (30) days after the
date of sale. Time is of the essence.
3. Upon conclusion of the sale, a Memorandum of Sale will be executed reflecting the sale of the
property, the Contract Sale Price, and the purchaser’s agreement to comply fully with its terms.
Time is of the essence.
4. If the purchaser fails to deliver the Contract Sale Price within the prescribed time, at the Successor
Trustee’s sole discretion, the Successor Trustee may either (a) file suit to enforce specific perfor-
mance or seek breach of contract or other applicable damages, (b) convey the Property to the next
highest bidder if such bidder will honor his, her or its bid, or (c) proceed to resell the Property
pursuant to the aforesaid Deed of Trust In the event of such a default the defaulting purchaser shall
be liable to the Secured Party for the payment of any deficiency in the purchase price resulting
therefrom, all costs and expenses of any subsequent sale, reasonable attorneys’ fees, all other
charges due, and incidental damages. In the event a resale of the Property results in a sale in excess
of the amount originally bid by the defaulting purchaser, the defaulting purchaser shall not be
entitled to return of his, her or its deposit, and waives any and all claims, rights and interest to any
such excess amount and shall not be entitled to any distribution whatsoever from the resale proceeds.
5. The Secured Party reserves the right to bid on the Property at the sale, which bid may be in the form
of a credit bid.
6. The Property may be sold either as a whole or in parcels in the Successor Trustee’s sole discretion.
7. The Successor Trustee reserves the right to accept or reject any bids.
8. The Property will be sold subject to any and all assessments and taxes against said property; all
prior liens and encumbrances of any nature whatsoever; and the Internal Revenue Service’s right
of redemption, if any.
9. The purchaser shall be responsible for the payment of any accrued and unpaid ad valorem real
property taxes against the Property.
10. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia
Code § 11-22-2 and all other settlement costs and costs incidental to transfer of the Property. Taxes
and all other public charges and assessments outstanding against the Property shall be paid by
purchaser at settlement.
11. The Property is sold in “AS IS” condition. The Successor Trustee makes no representations or
warranties of any kind or character including, but not limited to, the condition or zoning of the
real estate, fitness of the Property for any particular purpose, or the title to the real estate to be
conveyed. Prospective purchasers must perform such independent investigations with respect to
the Property as they deem necessary prior to bidding on the Property.
12. The purchaser is responsible for, and the Property is sold subject to, any environmental matter or
condition, whether latent or observable, if any, that may exist at or affect or relate to the Property
and to any governmental requirements affecting the same. The Property will be sold subject to any
building or housing violations, easements, agreements, restrictions, terms, rights of way, filed and
unfiled mechanics’ and materialmen’s liens, covenants, conditions, rights of redemption, liens and
all other encumbrances having priority over the aforesaid Deed of Trust, if any, lawfully affecting
the Property, whether or not of record, including but not limited to environmental conditions
(including without limitation possible wetlands, riparian rights, critical or protected areas, and the
presence of protected or endangered species) and all applicable federal, state and local laws,
ordinances and regulations lawfully affecting the Property.
13. The Successor Trustee will deliver a trustee’s deed to the purchaser without any covenant or
warranty (express or implied) in the form prescribed by West Virginia Code § 38-1-6 upon receipt
of the Contract Sale Price in good and available funds.
14. If the Successor Trustee fails, refuses or for any reason is unable to convey title to the Property,
the sole remedy of the purchaser is the return of any deposit actually paid by the purchaser to the
Successor Trustee. Reasons of such inability to convey include, but are not limited to, the filing
of a bankruptcy petition by the grantor prior to the sale or reinstatement or payoff of the loan
without the knowledge of the Successor Trustee. If the validity of the sale is challenged by a party
in interest, the Successor Trustee, in his sole discretion, may declare the sale to be void and return
the deposit. Purchaser shall have no further remedy.
15. The Successor Trustee shall be under no duty to cause any existing tenant or person occupying
the Property to vacate. Prospective purchasers are hereby advised that the rights of any existing
tenants or persons occupying the Property may be covered by the provisions of the federal Protect-
ing Tenants at Foreclosure Act and West Virginia Code § 38-1-16.
16. The Successor Trustee shall be under no duty to cause any items of personal property remaining at
the Property following the sale to be removed therefrom. The purchaser shall be responsible for
compliance with all applicable laws in the disposal of any such items of personal property, includ-
ing West Virginia Code § 38-1-17, to the extent such statute applies.
17. The Successor Trustee reserves the right to adjourn the sale, for a time, or from time to time,
without further notice, by announcement made at the time and place of the sale described herein.
18. Announcements made on the day of sale take precedence over all prior communications, both verbal
and written, concerning the sale of the Property, including, but not limited to, these Terms of Sale.
Given under my hand this 30th day of September 2024.
/s/ Robert J. Dobkin
ROBERT J. DOBKIN
Successor Trustee
Spilman Thomas & Battle, PLLC
P.O. Box 831
Wheeling, West Virginia 26003
(304) 230-6959