Trustee Sale

NOTICE OF
TRUSTEE’S SALE
Pursuant to the authority vested in the undersigned J. Patrick Jones, Substitute Trustee by Notice of Substitution of Trustee which notice is of record in the Office of the Clerk of the County of Commission of Marion West Virginia, and by Deed of Trust dated September 15, 2011, executed by Jay Porter Michael to Barry W. Dobson and Clayton Rice, Trustees, which deed of trust is of record in the Office of the Clerk of Marion County, West Virginia, in Trust Deed Book 1012 at Page154, the undersigned Substitute Trustee has been requested, in writing, by the beneficiary of said deed of trust to sell the real estate described below, as there has been a default under the terms and conditions of said deed of trust.  Therefore, the undersigned Substitute Trustee will sell the real estate described in the Deed of Trust, at a public auction on April 30, 2015 at 3:00 p.m. to the highest bidder at the front door of the Courthouse of said County of Marion, in Fairmont, West Virginia, which real estate is more completely described as follows:
All the following described parcels of real estate situate in Marion County, West Virginia:
FIRST:  All the following described parcels of real estate situate on the waters of Flaggy Meadow Run, near the City of Mannington in Mannington District, Marion County, West Virginia:
FIRST PARCEL:  Beginning at a stone at the Mannington and Clarksburg Turnpike, thence N. 62° W. 1,000 feet to a sassafras; thence N. 16° W. 1,233 feet to a white oak; thence N. 72° W. 511 feet to a post; thence N. 23° W. 528 feet to pointers; thence S. 35° W. 561 feet to a chestnut; thence S. 56° W. 1,600 feet to a chestnut; thence S. 20° W. 306 feet to a white oak; thence S. 66° E. 486 feet to pointers; thence N. 10-1/2° E. 371 feet to pointers; thence N. 41° E. 350 feet to a hickory; thence S. 52° E. 2,940 feet to said Mannington and Clarksburg Turnpike; thence N. 45-1/2° E. 145 feet to a stone in road; thence N. 38° E. 286 feet to a sycamore; thence N. 76° E. 212 feet to a double white oak; thence N. 8° W. 170 feet to a stone; thence N. 50-1/2° E. 256 feet to the place of beginning, containing 88.16 acres, more or less.
There is excepted and reserved from said parcel a certain parcel containing 19,845 square feet, more or less, conveyed by Ivan F. Hall and Ruby A. Hall, his wife, to Raymond Francis Fluharty and wife by deed dated November 10, 1956, and recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia in Deed Book No. 583, Page 193.
SECOND PARCEL:  Beginning at a post, corner to lands of Swiger and Herchel Baker Heirs, thence N. 56-1/2° W. 140 feet to a post; thence N. 47-1/2° W. 83 feet to a post; thence N. 40-1/2° W. 72 feet to a post; thence N. 36-1/4° W. 157 feet to a post; thence N. 49° W. 31 feet to a post; thence N. 67-1/2° W. 80 feet to a post; thence N. 78° W. 93 feet to a post; thence S. 85° W. 58 feet to a post; thence S. 68-3/4° W. 108 feet to a post, corner to other lands of Ivan F. Hall; thence with two lines of said Hall S. 23° E. 245 feet to a post on high ridge; thence S. 72° E. 511 feet to a big white oak on ridge, corner to Herchel Baker Heirs; thence with Herschel Baker Heirs’ line, N. 62-1/2° E. 103 feet to the beginning, containing 3.2 acres, more or less.
THIRD PARCEL:  Beginning at a white oak on ridge, thence S. 48-1/2° E. 9 poles to a dead chestnut oak or stone; thence N. 84° E. 17.41 poles to a sassafras; thence S. 63° E. 45.40 poles to center of Mannington and Clarksburg Turnpike; thence N. 38° E. 9.72 poles to center of Mannington and Clarksburg Turnpike; thence N. 51° W. 59 poles to a stone near a drain; thence S. 51-1/2° W. 35 poles to the place of beginning, containing 7 acres and 84 square poles, more or less.
FOURTH PARCEL:  Beginning at a hickory on a ridge, and running thence S. 43-1/2° W. 17 poles to a chestnut oak; thence S. 13-1/2° W. 30 poles to pointers; thence S. 69° E. 35-2/5 poles to a chestnut oak; thence S. 63° E. 32 poles to a white oak; thence S. 47-1/2° E. 36 poles to a white oak; thence N. 49° E. 35 poles to a stone; thence N. 51-1/2° W. 120 poles to the beginning, containing 25 acres, more or less.
SECOND:  All the following described parcel of real estate situate in Grandview Addition within the City of Mannington, Mannington City District, Marion County, West Virginia, a map or plat of which said Addition is recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book No. 211, Page 162:
LOT NUMBER SIXTY-TWO (62), fronting eighty-seven and 68/100 (87.68) feet on Newton Boulevard; thence one hundred seventeen and 65/100 (117.65) feet along Chestnut Avenue to Alley Number Three (3); thence along said Alley Number Three (3), forty-eight and 53/100 (48.53) feet to line of Lot Number Sixty-Three (63), and thence along said Lot Number Sixty-Three (63), one hundred seventeen and 54/100 (117.54) feet to said Newton Boulevard, the place of beginning.
TERMS OF SALE
1. Cash in hand paid on the day of sale.
2. The sale of the property will be made subject to all matters having priority over the deed of trust referred to herein including but not limited to any and all assessments and taxes against said property, all prior liens, encumbrances, lease, restrictions, covenants, conditions, right of ways and easements of any nature whatsoever. Subject to the redemption rights of the Internal Revenue Service as set forth in 11 U.S.C §7425.
3. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code § 11-22-2.
4.  The subject property will be sold in “AS IS” condition.  The Substitute Trustee makes no representations and warranties of any kind or character including, but not limited to, the condition of the real estate or the title to the real estate to be conveyed.
5. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
6.  The Substitute Trustee reserves the right to adjourn the sale, for a time, or from time to time, without further notice by announcement at the time and place of the sale described above.
7. The beneficiary of the Deed of Trust and holder of the note thereby secured reserves the right to submit a bid for the property at the sale, which bid may be in the form of a credit bid.
8. Such other terms as may be announced at the time of Sale.
Given under my hand this 25th day of March, 2015.
J. Patrick Jones,
Substitute Trustee
304-529-8560
Times: March 27, April 3, 2015