Legal 3 col x 7-1/2”
0530 0606
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 August 1, 1994, executed by Roger K. Moore and Mary L. Moore to Robert D. Lewis, Trustee, of record in the Office of the Clerk of the County Commission of Clay County, West Virginia, in Book 81, at Page 66. Bailey & Slotnick, PLLC was appointed as Trustee by SUBSTITUTION OF TRUSTEE dated May 7, 2019, of record in the Clerk’s Office in Book 34, at Page 975. The borrowers 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 property to the highest bidder at the front door of the Courthouse of Clay County, in Clay, West Virginia, on:
WEDNESDAY, JUNE 12, 2019, AT 10:15 O’CLOCK A.M.
All of that certain lot, tract, and parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate on the waters of lower Butler 1\vo Run, in Henry District, Clay County, West Virginia, and more particularly bounded and described as follows:
BEGINNING at a stake on the west side of State Route No. 4 which stake bears N. 50 degrees E. 75 feet
to a Beech corner, thence with line of Nicholas-Stephenson 50 acre tract, formerly owned by R. Shelton,
S. 50 degrees W. 960 feet to a Black Oak, corner on end of a point; thence with Lina Gorrell land, N. 48
degrees W. 781 feet to a stake on ridge, between a hollow butted Gum tree and a small White Oak, the
bearing to the Gum being S. 87 degrees E. 9 feet and to the White Oak N. 87 degrees W. 15 feet; thence
down the hill, passing a Gum with Mistletoe in top, N. 45-1/2 degrees E. 862 feet to a stake in a wire
fence (which stake or fence post is S. 31 degrees W. 57 feet from the west end of a culvert under State
Road); thence leaving the fence line, S. 53-1/2 degrees E. 886 feet to the place of beginning, containing
18 acres, more or less.
Being the same property conveyed to Roger K. Moore and Mary L. Moore, by deed dated the August 1,
1994, of record in the Clerk’s Office in Book 164, at Page 280. Roger K. Moore conveyed all his rights,
title and interest in the property to Mary Lou Moore by Quitclaim Deed date August 14, 2013, of record
in the Clerk’s Office in Book 211, at Page 1073.
Subject to the right of way contained in that deed dated December 6, 1923, of record in said Clerk’s
Office in Deed Book 31 at page 5, from S. W. Bryant and Enola Bryant, his wife, to Woodson Fugate.
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) Real estate taxes due and payable have been paid. All real estate taxes hereafter will be the responsibility of the purchaser.
4) 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.
5) The Trustee reserves the right 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.
6) 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.
7) The total purchase price is payable to the Trustee by cashier’s check, cash or the equivalent within thirty (30) days of the date of sale, with a minimum deposit of $6,000.00 payable to the Trustee by cashier’s check, cash or money order at the time and place of the sale. There will be no refund granted of any amount if the third party purchaser elects not to purchase the property for any reason.
8) For more information on this property, please see listing on the PROPERTIES FOR SALE WEBSITE: https://properties.sc.egov.usda.gov/resales/public/home.
Given under my hand this 20th day of May, 2019.
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