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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 June 4, 2004, executed by Brian K. Hodge and Angela M. Hodge to Drew Patton, Trustee, of record in the Office of the Clerk of the County Commission of Clay County, West Virginia, in Book 109, at Page 893. Bailey & Slotnick, PLLC was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated November 7, 2018, of record in the Clerk’s Office in Book 34, at Page 824. 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 properties to the highest bidder at the front door of the Courthouse of Clay County, in Clay, West Virginia, on:
THURSDAY, DECEMBER 20, 2018, AT 10:00 A.M.
Those certain tracts or parcels of SURFACE land, together with the improvements and appurtenances thereunto belonging, situate on the waters of Queen Shoals Creek, in Union District, Clay County, West Virginia, and further bounded and described as follows:
TRACT ONE: BEGINNING at the edge of Queen Shoals road and running thence with said road in a westerly direction approximately 117 feet to a stake being a comer of Harmon property; thence in a northerly direction in a line common with Harmon property approximately 235 feet to an iron stake at the edge of a creek; thence in an easterly direction with said creek approximately 117 feet to an iron stake set; thence in a southerly direction approximately 235 feet to the place of beginning, containing 1 acre, more or less, but this is a sale by boundary and not by the acre.
TRACT TWO: BEGINNING at a comer stake at the edge of Queen Shoals Road and running thence with said road in a westerly direction approximately 255 feet to a stake, being a corner of property owned by Thomas O’Dell Hodge and Drema Hodge, his wife; thence in a northerly direction in a line common with property of said Thomas O’Dell and Drema Hodge, approximately 235 feet to an iron stake at the edge of a creek; thence in an easterly direction with said creek approximately 300 feet to the place of beginning, containing acres __ more or less, but this is a sale by boundary and not by the acre.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: 1396 Valley View Drive, Clendenin, WV 25045.
BEING the same real estate conveyed unto Brian K. Hodge and Angela M. Hodge, husband and wife, by Candace Hershberger and Erich Hershberger, wife and husband, in that certain deed dated May 13, 2004, of record in the Clerk’s Office in Book 194, at Page 746.
This conveyance is further made subject to all easements and rights of way duly perfected and appearing in the chain of title or otherwise apparent from an inspection of the premises.
This conveyance is expressly made subject to all outstanding interests in and to the oil, gas and other minerals within and underlying the premises that may have been excepted and reserved-from the title to the premises by predecessors in title to the said grantors.
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) 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.
4) 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.
5) 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.
6) The total purchase price is payable to the Trustee by cashier’s check, cash or money order within thirty (30) days of the date of sale, with a minimum deposit of $5,000.00 payable to the Trustee by cashier’s check, cash or money order at the time and place of the sale.
Given under my hand this 27th day of November, 2018.
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