Clay

Trustee Sale J Patrick Jones 2

Legal 3×6-1/2”
0228 0307

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 Clay County, West Virginia, and by deed of trust dated July 12, 2006, executed by Harlan Taylor and Deborah Taylor, to BB& T Collateral Service Corporation, Trustee, which deed of trust is of record in the Office of the Clerk of Clay County, West Virginia, in Trust Deed Book 114 at Page 1017, and pursuant to that certain Security Agreement dated July 12, 2006, the undersigned Substitute Trustee has been requested, in writing, by the beneficiary of said deed of trust to sell the real estate described below, together with the mobile home described in the Security Agreement, as there has been a default under the terms and conditions of said deed of trust and security agreement. Therefore, the undersigned Substitute Trustee will sell the real estate described in the Deed of Trust and the mobile home described in the Security Agreement and below, at a public auction to the highest bidder on March 29, 2019 at 3:00 p.m., at the front door of the Courthouse of said County of Clay, in Clay, West Virginia, which real estate and mobile home is more completely described as follows:
…. all that certain tract or parcel of surface land, together with any buildings or improvements thereon,
rights or rights of way incidental thereto, and appurtenances thereunto belonging, situate in Pleasant
District, Clay County, West Virginia, and as more particularly bounded and described as follows:
“BEGINNING a sugar tree at the edge of said State Route No. 16, said tree being a corner to land of Joe
Neff and a small lot heretofore conveyed to Eugene C. Fitzwater, one of the Parties of the First Part,
and thence running up the hill with line of said Joe Neff land to an iron stake on top of the ridge; thence
leaving said Neff property and running out the ridge (down stream) approximately 800 feet to an iron stake
at the edge of said State Route No. 16; thence running with the right-of-way of said State Route No. 16
(upstream) approximately 1200 feet to the place of beginning, containing about thirty (30) acres; and being
the same and all of the property conveyed by and between Harley Burnside and Dollie Burnside, his wife,
to Eugene C. Fitzwater by that certain deed dated the 16th day of April, 1975, and recorded in the Office
of the Clerk of the County Commission of Clay County, West Virginia, in Deed Book 112, at page 658;
and further being the same and all of the property conveyed by and between H. V. White, et al and Harley
and Dollie Burnside by that certain deed dated the 23rd day of December, 1943, and recorded in said
Clerk’s Office in Deed Book 48, at Page 403.” Together with a 2004 Horton Mobile Home with S/N
H400660GLR.
“FURTHERMORE, it is agreed and understood that GRANTORS hereby reserves from the operation of
this instrument a right of way, 500 feet in length, through the property herein conveyed, for the purpose of
constructing a water line. The GRANTORS also reserves the right to maintain and repair said water line.”
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.
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 and mobile home or the title to the real estate and mobile home 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 22nd day of February, 2019.
J. Patrick Jones, Substitute Trustee
304-529-8560