3 col x 8-1/4”
0321 0328
NOTICE OF TRUSTEE’S SALE
NOTICE OF TRUSTEE’S SALE and Notice of the Beneficiary/Servicer’s election to sell property is hereby given pursuant to and by virtue of the authority vested in the Trustee by that certain Deed of Trust dated March 5, 2020, executed by Henry E. Haynes, II to Gerald M. Titus, Jr., Trustee, of record in the Office of the Clerk of the County Commission of Clay County, West Virginia, in Book 146, at Page 605. Bailey & Slotnick, PLLC was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated February 20, 2024, of record in the Clerk’s Office in Book 36, at Page 948. The borrower defaulted under the Note and Deed of Trust and the Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Trustee will sell the following described properties to the highest bidder at the front door of the Courthouse of Clay County, in Clay, West Virginia, on:
WEDNESDAY, APRIL 3, 2024, AT 1:00 P.M.
All that certain lot, tract or parcel of land, together with improvements thereon and the appurtenances thereto belonging, on the waters of Headwater of Dulls Creek and fronting on State Route 4, in the District of Union, County of Clay, State of West Virginia, and being more particularly described as follows:
BEGINNING at a point in the centerline of Secondary Route 13/8, a.k.a. Forest Hills Drive, a thirty (30)
foot right-of-way, r.o.w. at a corner of Donald Dobbins (DB 212, PG 21) and Donald Ray Dobbins and
Wilma Dobbins (DB 121 PG 103-the tract of which this survey is a part). Thence through and with
Donald Ray and Wilma M. Dobbins two new division lines. N 87o-19’-30” W, at 30.25 feet passing
through a 5/8 x 30-inch Rebar set, hereinafter referred to as (RBS) in all, 76.08 feet to a Utility Pole
(unused). Thence, N 18o-12’-00” W. at 67.9 feet passing the West end of a 15-inch culvert, in all 214.28
feet to a (RBS) on or near the South r.o.w. of State Route 4, a forty (40) foot r.o.w. Thence with the South
r.o.w. of State Route 4 S 82o-53’ 24” E. 643.34 feet to a point on said r.o.w. at the centerline of Secondary
Route 13/2, a.k.a. Twistabout Road, a thirty (30) foot r.o.w. Thence with said centerline, S 04o-23’-07”
W, 50.76 feet to a point at the centerline intersection of Secondary Route 13/2 and Secondary Route
13/8, a.k.a. Forest Hills Drive, a thirty (30) foot r.o.w. Thence with the centerline of Secondary Route
13/8 and Basil Wayne Smith (DB 1 93 PG 021) four lines, N 86o-21’-46” W, 215.96 feet to a point,
thence; S 840-08’-39” W, 68.58 feet to a point, thence; S 71o-37’-15” W, 74.02 feet to a point, thence; S
66o-21’-25” W, 150.21 feet to the place of beginning, containing 1.52 acres, more or less, a surveyed by
Westfall Land Surveying (Job No. 18056) and shown on a plat titled “Plat of Survey for Donald Ray and
Wilma M. Dobbins” dated 11/08/2018.
Being the same property conveyed unto Henry E. Haynes, II, from Donald Ray Dobbins, Wilma M.
Dobbins, husband and wife, and Donald Tacy Dobbins by Deed dated March 4, 2020, and of record in
the said Clerk’s office in Deed Book 226, page 222. And being the same property conveyed unto Henry
E. Haynes, II, from Donald Ray Dobbins, Wilma M. Dobbins, husband and wife, and Donald Tacy
Dobbins by Correction Quitclaim Deed dated October 13, 2021, and of record in the said Clerk’s office
in Deed Book 231, page 329.
This conveyance is made subject to all easements, rights of way, restrictions, reservations and protective covenants, including but not limited to all oil, gas and mineral exceptions, reservations and leases, appearing in the chain of title.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: 42 Forest Hills Drive, Procious, WV 25164.
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 § 11-22-2.
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 light 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 the 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 by cashier’s check, cash or money order within thirty (30) days of the date of sale, with a minimum deposit of $3,000.00 payable to the Trustee by cashier’s check, cash or money order at the time and place of the sale.
Given under my hand this 11th day of March, 2024.
BAILEY & SLOTNICK, PLLC-TRUSTEE
By: __________________________________
Marc J. Slotnick, Member
500 Virginia Street East, Suite 600
Charleston, West Virginia 25301
Phone: (304) 346-1800
WV State Bar No. 5956