3 col x 11-1/4”
0307 0314
NOTICE OF TRUSTEE’S SALE
Notice is hereby given by the undersigned Successor Trustee, in accordance with the provisions of that certain Deed of Trust, dated August 29, 2003, made by Steve Morris, and Daniel R. Grindo, as Trustee, of record in the Office of the Clerk of the County Commission of Clay County, West Virginia, in Trust Deed Book 107, at page 1066 (the “Deed of Trust”), to secure indebtedness described therein payable to Bank of Gassaway, in the amount of $65,000.00, as evidenced by that certain Promissory Note dated August 29, 2003, made payable by Steve Morris to the order of Bank of Gassaway (along with any renewals, adjustments, extensions, or modifications, the “Note”), which Deed of Trust covers certain real estate situate in Clay County, West Virginia, more particularly described herein;
WHEREAS, Peoples Bank, as successor by merger, is the owner and holder of the Note and Deed of Trust. Pursuant to authority granted in the Deed of Trust, Peoples Bank, the owner and holder of the Note secured by the Deed of Trust, appointed Zachary J. Rosencrance, a resident of Kanawha County, West Virginia, to serve as Successor Trustee, by that certain Appointment of Successor Trustee, dated December 6, 2023, of record in the aforesaid Clerk’s office in Miscellaneous Book 36, at page 815.
Peoples Bank, the owner and holder of the Note secured by the Deed of Trust, has notified the Successor Trustee that Steve Morris is in default under the terms of the Note and the terms of the Deed of Trust, and has requested, in writing, that the Successor Trustee sell the real property described in the Deed of Trust at public auction, in accordance with the terms of the Deed of Trust and applicable law.
TAKE NOTICE that the undersigned Successor Trustee will offer for sale at public auction on the 4th day of April, 2024, at 12:00 p.m., prevailing Eastern time, at the front door of the Clay County Courthouse, 246 Main Street, Clay, West Virginia, all those certain lots, tracts, or parcels of land together with the buildings and improvements thereon, easements, rights of way, and the appurtenances thereunto belonging situate in Clay County, West Virginia, and more particularly described as follows (hereinafter, the “Real Property”):
The surface only of that certain tract or parcel of land, situate on the north side of Elk River and bordering on State Route Nos. 4 and 16, bordering on the northern right of way line of said State routes a short distance above the State Garage, in Henry District, Clay County, West Virginia, and further bounded and described as follows:
BEGINNING at a stake in said State Routes rights of way line, which stake is the upper corner to the land conveyed to Jennings P. Martin and which stake stands 275 feet upstream from the Williams line where same crosses said State Routes right of way line, and running thence up the hill with a line of the said Jennings P. Martin tract to a stake in the back line of the J.B. Wheeler 100-acre tract of land of which this is a part; thence up the ridge with said Wheeler’s line 275 feet to a stake in said Wheeler’s line; thence a straight line down the hill to a stake in the Carrie Reed heirs land; thence with the said Lower line of said Carrie Reed land to a stake in said State Routes right of way line; thence downstream with said right of way line 275 feet to the place of beginning, containing 7.5 acres, more or less.
BEING the same property conveyed to Steve Morris and Jeannie Morris, his wife, from Cecil L. Butcher and Wanda E. Butcher, his wife, by that certain deed dated the 11th day of July, 1985, and of record in the Office of the Clerk of the County Commission of Clay County, West Virginia, in Deed Book 140, at page 189. Further being the same property conveyed by Jennie Morris to Steve Morris, by that certain deed dated the 26th day of August 1992, and of record in the Office of the Clerk of the County Commission of Clay County, West Virginia, in Deed Book 158, at page 521.
TERMS OF SALE
The Real Property will be sold for cash in hand on the date of sale, or under any different, other, or additional sale terms as the Successor Trustee, in his or her reasonable discretion, determines to be appropriate or advisable. The sale shall be further subject to the following:
1. Real estate taxes delinquent, due or payable or to become due and payable, all of which shall be the
responsibility of the purchaser;
2. Any statutory lien or liens that may affect the subject property;
3. All covenants, conditions, restrictions, reservations, easements and rights-of-way appearing of
record in the chain of title to the property, or which may be visible from a physical inspection of the
subject property;
4. All liens and encumbrances of any nature whatsoever, including, without limitation, liens for real
estate taxes, incinerator, sanitary and sewer charges, having priority over the deeds of trust referred
to herein.
5. The purchaser at the sale shall be responsible for paying the costs of recording the Successor
Trustee’s Deed and the tax imposed by the State of West Virginia on the privilege of transferring real
property (the cost of the tax stamps to be affixed to the Deed).
6. All of the property to be sold will be sold “AS IS, WHERE IS” in the present condition and with all
faults and defects, if any, and without any warranty or representation, express of implied. The Suc-
cessor Trustee shall be under no duty to cause any existing tenant or person occupying the Real
Property to vacate said property. The Successor Trustee will deliver a trustee’s deed to the purchaser
without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code § 38-
1-6. The Successor Trustee makes no representations and warranties about the title to the real estate
to be conveyed. If the Successor Trustee is unable to convey insurable or marketable title to the
purchaser for any reason, purchaser’s sole remedy is return of deposit.
7. 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.
8. The undersigned Successor Trustee expressly reserves the right to reject any and all bids, and the
right to adjourn the sale from time to time without notice other than oral proclamation at the time
and place appointed for the sale. Such adjournment may be for a period of time deemed expedient
by the beneficial owner and shall not be construed to be a waiver of the right to make the sale
contemplated by this Notice.
9. The beneficiary of the Deeds of Trust and holder of the Note thereby secured reserves the right to
submit a bid for the Real Property at the sale, which bid may be in the form of a credit bid.
10. The successful bidder will be required to execute a memorandum of sale upon the acceptance of the
successful bid by the Successor Trustee.
11. The sale is subject to post-sale confirmation that none of the grantors filed for bankruptcy protection
before the conclusion of bidding, in which case the sale will be null and void and the purchaser’s
sole remedy, at law or in equity, will be return of deposit without interest.
12. The frustee’s sale shall be open to online bidders.
13. A 10% buyer’s premium will be added to the high bid for the Real Property. The high bidder shall
pay the buyer’s premium plus an additional 10% of its bid on the day of the sale (the “Good Faith
Deposit”), with the balance to be paid in cash at closing within 14 days after the date of sale.
Additional terms of sale may be announced prior to the sale.
Any inquiries regarding this sale may be directed to Zachary J. Rosencrance, Successor Trustee, 600 Quan-ier Street, Charleston, West Virginia 25301, telephone (304) 347-1100.
DATED: February 21, 2024
/s/ Zachazy J. Rosencrance
Zachary J. Rosencrance, Successor Trustee