Trustee Sale

NOTICE OF
TRUSTEE’S SALE
NOTICE IS HEREBY GIVEN that by virtue of a deed of trust dated June 20, 2005 (the “Deed of Trust”), made by James R. Fetty, Jr., Benjamin R. Fetty and Anne Marie Cupples to Philip A. Pritchard, Trustee, of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Trust Deed Book 848, Page 290, to secure First Exchange Bank in the payment of the sum of $85,000.00, evidenced by a negotiable promissory note bearing even date therewith, and First Exchange Bank being authorized and empowered to designate and appoint one or more substitute trustees in the place and stead of the trustee named in the Deed of Trust and the undersigned, Appalachian Title Services, LLC, a West Virginia limited liability company, having been so appointed by the terms of a Designation of Substitute Trustee of record in said Clerk’s office, and default having been made in the payment of said indebtedness and said Substitute Trustee having been requested in writing so to do by First Exchange, the owner and holder of said note, said Substitute Trustee, on
FRIDAY, OCTOBER 2, 2015 AT 1:00 P.M. EASTERN TIME
will offer for sale and sell at public auction at the front door of the Marion County Courthouse in Fairmont, West Virginia, to the highest bidder therefor, all the following described tracts or parcels of land, together with the buildings and improvements thereon and the appurtenances thereunto belonging, situate in Mannington District, Marion County, West Virginia, reported to have, at the time of the execution of the Deed of Trust, an address of Rt. 2, Box 173A, Mannington, West Virginia 26582, and being more particularly bounded and described as follows:
FIRST PARCEL Beginning at a scored sugar maple on a point in the Fetty-Sloan dividing line, thence W. 407 feet to the County Road; thence N. and down-stream and with the said county road 188 feet to a corner in the said county road, thence East 407 feet to a stone in the woods; thence E. 188 feet to the place of beginning, containing one (1) acre, more or less.
Said real estate has been resurveyed and is now described as follows:
Beginning at a point in the center of County Route 9, being a common corner to James R. Fetty, Jr. and the lands of Edward J. Fetty, the point of beginning, thence leaving said Route 9 with the line of Fetty, Jr., E. Fetty, and Marie A. Cupples, Fetty, Jr., and Benjamin R. Fetty S. 84° 36’ 42” W. 407.00 feet to a point, being a common corner to Fetty, Jr. and Cupples, thence with the line of Fetty, Jr. and Cupples, N. 12° 31’ 4” W. 187.22 feet to a point, being a common corner to Fetty, Jr. and Cupples, and standing in the line of Consolidation Land Development Company, thence with the line of Fetty, Jr. and Consol N. 84° 34’ 43” E. 403.13 feet to a point in the center of County Route 9, being the common corner to Fetty, Jr. and Consol, thence with said Rout 9 S. 13° 41’ 35” W. 187.97 feet to the point of beginning, containing a total of 1 acre, a map or plat of which said real estate is recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia in Deed Book No. 1007, Page 134, which said map or plat is incorporated herein by reference for all pertinent purposes.
Being the same real estate that was conveyed to Benjamin R. Fetty by James R. Fetty, Jr. by deed dated June 14, 2005 and recorded in said Clerk’s Office in Deed Book No. 1007, Page 132.
SECOND PARCEL Beginning down stream at the corner of James Fetty-Albert Fetty dividing line, South 440 feet to the Albert Fetty-Freeland dividing line, East 738 feet to a maple tree at the Albert Fetty-Freeland dividing line, also Consol’s line, thence West 485 feet to the James Fetty-Consol property line, South 188 feet and 400 feet West to the place of beginning, and containing four (4) acres, more or less.
Being the same real estate that was conveyed to James R. Fetty, Jr., Anne Marie Cupples and Benjamin R. Fetty by James R. Fetty, Jr. and Ann Marie Cupples (formerly Ann Marie Fetty) by deed dated December 16, 2002 and recorded in said Clerk’s Office in Deed Book No. 981, Page 513.
TERMS OF SALE: Ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the sales price shall be paid by cash, cashier’s check, or check guaranteed by bank letter of credit in acceptable form, in hand on the day of sale (the “Good Faith Deposit”), with the balance to be paid in cash at closing within 30 days after the date of sale. The sale of said property will be made subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real estate, and any and all unpaid taxes assessed against said property.
Any sale hereunder may be adjourned from time to time without notice other than oral proclamation at the time and place appointed for the sale. The Substitute Trustee reserves the right to reject any or all bids. Conveyance shall be by special warranty deed, and purchaser shall pay for all transfer stamps, recording fees, and other closing costs.
Additional terms and conditions may be announced at the sale.
At public sale any person or entity may bid and may purchase any real estate sold if they be the highest bidder. If the real estate is sold for an amount in excess of the outstanding balance of the mortgage, together with all interest, unpaid real estate taxes and costs, said excess must be used to satisfy any other encumbrances on said property and after all said encumbrances are satisfied together with all interest and costs, any excess then remaining must be paid to the Grantor. If the Grantor or any person holding an encumbrance cannot be found after a diligent search, the money shall be paid into the Circuit Court of the county for the benefit of the Grantor or the holder of any such encumbrance.
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.
Dated: Tuesday, September 1, 2015
APPALACHIAN TITLE
SERVICES, LLC
Substitute Trustee
P. O. Box 1081
Bridgeport, WV 26330
(304) 641-7374
appalachiantitle@
yahoo.com
Times: September 7, 14, 2015