Legal 3 col x 7-1/4”
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 November 20, 1992, executed by Nancy A. Brown to William F. Patton, Trustee, of record in the Office of the Clerk of the County Commission of Clay County, West Virginia, in Book 76, at Page 326. 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 977. The borrower 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 10:00 O’CLOCK A.M.
All those certain lots, tracts or parcel of real estate, together with the improvements thereon and the appurtenances thereunto belonging, situate, lying and being in Union District, Clay County, West Virginia, and being more particularly bounded and described as follows:
TRACT NO. 1. BEGINNING at a 2” Iron pipe found on east side of Secondary 13/1, a corner to Charles
McKown and Jerry Copeland; thence with Copeland 266’ to a 1/2” iron rod found, corner to Copeland
and on northeast side of Secondary 13/1; thence with said road, N-68-20W 50’ to a point; thence N-43-
W 50’ to a point; thence, 50’ to a point; thence N-33-W 50’ to a point; thence N-15-30-W 50’ to a point;
thence N-2-20-E 46’ to the place of beginning, containing .19 acres, more or less.
TRACT NO. 2. BEGINNING at a 1/2” iron rod set at edge of a right of way to Secondary 13/1, corner
to a 0.65 acre tract; thence with Secondary 13/1; S-84-08-W, 92.3’ to a point; thence N-82-W 47.9’ to a
1/2” iron rod set, a corner to Charles Nichols; thence with Nichols N-34-50-W, 266’ to a 2” iron pipe
found, a corner to Charles McKown and Charles Nichols; thence with McKown S-41-27-E, 70.4’ to a
12” white oak; thence N-82-21-E 48.3’ to a 15” white oak; thence N-66-16-E, 70.3’ to a 1/2” iron rod
set, corner to 0.65 acre tract; thence leaving Charles McKown and with 0.65 acre tract, S-35-50-E, 237.
7’ to the place of beginning, containing 0.60 acres, more or less.
And being the same property conveyed unto Nancy A. Brown by deed dated November 6, 1992, of
record in the Clerk’s Office in Deed Book 159, at Page 18.
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 ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the Trustee at sale by cashier’s check, cash or money order. There will be no refund granted of any amount if the third party purchaser elects not to purchase the property for any reason. Minimum acceptable bid will be $69,913.00.
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