Legal 3 col x 9-3/4”
0401 0415
TRUSTEE’S NOTICE OF SALE OF VALUABLE REAL ESTATE
SITUATE IN CITY OF PARSONS, TUCKER COUNTY, WEST VIRGINIA
NOTICE is hereby given to you that pursuant to the authority vested in the Trustee, Pat A. Nichols, pursuant to that certain Deed of Trust executed by Dillon Waybright and Melissa Waybright, husband and wife, in the payment and performance of certain obligations set forth therein, which Deed of Trust bears date of September 27, 2013, and which Deed of Trust is of record in the Office of the Clerk of the Tucker County Commission in Deed of Trust Book No. 264 at page 646; and default having been made under the aforementioned Deed of Trust, and the undersigned Trustee Pat. A. Nichols having been instructed by the secured party of the said Deed of Trust to foreclose thereunto and the makers of the said note and obligation having failed to pay the obligation as provided under the terms of the above referenced Deed of Trust and Note, and the holder of said Deed of Trust and Note having declared the whole of said indebtedness to be due and payable and having requested the undersigned Trustee in writing to make sale of the following parcel of real estate situate in Parsons Corporation, Tucker County, West Virginia, and described as follows:
Lot No. 8 fronting 47 feet on what is known as the Old County Road extending back one hundred
and twenty-seven (127) feet to an alley and being the same real estate conveyed to Dillon Waybright
and Melissa Waybright, husband and wife, be deed of Barbara Watson dated September 27, 2013
and recorded in the Office of the Clerk of the Tucker County Commission in Deed Book 213 at
page 99.
The above parcel of real estate is expressly made subject to all prior reservations, restrictions,
exceptions, easements, rights of way, covenants, conditions and limitations that may be found in
instruments of record in the chain of title to said real estate.
I, PAT A. NICHOLS, TRUSTEE SHALL OFFER FOR SALE AT PUBLIC AUCTION AT THE FRONT DOOR OF THE TUCKER COUNTY COURTHOUSE, 211 FIRST STREET, CITY OF PARSONS, WEST VIRGINIA, THE ABOVE-DESCRIBED PARCEL OF REAL ESTATE ON:
APRIL 23, 2020
AT
10:00 A.M.
The real estate identified above will be sold in its present (AS IS) condition and the highest bid may be accepted by the Trustee and the Trustee shall be under no duty to cause any existing tenants and/or persons occupying any of the above described property or real estate to vacate the real estate. Any personal property remaining on the real estate after the date of the public sale will be disposed of and considered abandoned by the owners of such personal property.
TERMS OF SALE:
1. Cash in hand on day of sale or 10% of the purchase price paid by certified check or by letter of credit from a leading institution on day of sale delivered to the Trustee and approved by the said Trustee.
2. The sale of the real estate 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, rights of way and easements of any nature whatsoever. The above sale shall be subject to the redemption rights of the Internal Revenue Service as set forth in 11 U.S.C. §7425, and also subject to any and all unpaid real estate taxes or encumbrances and claims in favor of any municipality, county, or government entity, or other party, if any, and also further subject to any covenants, restrictions, conditions, reservations, rights-of-way and easements in the aforesaid Clerk’s Office prior to the Deed of Trust and affecting the subject real estate as well as any prescriptive easements that are unrecorded, if any,that may exist.
3. The successful bidder shall pay all transfer stamps and recording fees and any unpaid real estate taxes, associated with the deed to be issued by the Trustee and the successful party shall have twenty (20) days to close the transaction after the date of the public sale.
4. The above-described real estate will be sold by the undersigned Trustee at public auction to the highest bidder subject to the right of the undersigned Trustee to reject any and all bids if, in his opinion, said bids are inadequate.
5. The owner of the indebtedness secured by the Deed of Trust shall have the right to bid at the public sale; and
6. The sale shall be without representation or warranty of any kind, express or implied, and the Deed to be issued in this matter shall reflect the same and shall be a Special Warranty Deed.
7. There may be tenants in the building or buildings, located on the premises and the successful bidder shall have the right to evict such tenants.
8. Such other terms as may be announced at the time of the sale.
The undersigned Trustee reserves the right to continue the public sale or to adjourn the public sale for a time or from time to time without further notice other than oral public announcement at the time and place of sale as hereinabove set forth or at any Continuance of Adjournment thereof.
Any questions regarding the Public Sale should be directed to the undersigned Trustee.
Pat A. Nichols
Attorney at Law
PO Box 201, 200 Main Street
Parsons, West Virginia 26287
403-478-2127
304-478-2128 (Fax)
E-mail: [email protected]
State Bar # 2734
Given under my hand this the 26th day of March, 2020.