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 October 16, 1987, executed by Ronald A. Matthews and Rebecca A. Matthews to John C. Musgrave, Trustee, of record in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Book 618, at Page 782, which Deed of Trust was assumed by Angela D. Whitacre and Michael S. Whitacre by Assumption Agreement dated December 14, 1995 and by that Deed of Trust dated December 14, 1995, executed by Angela D. Whitacre and Michael S. Whitacre to Bobby Lewis, Trustee, of record in the Clerk’s Office in Book 746, at Page 352. Bailey & Slotnick, PLLC was appointed as Trustee by SUBSTITUTION OF TRUSTEE dated May 7, 2019, of record in the Clerk’s Office in Book 1372, at Page 477. 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 side door of the Courthouse of Mercer County, in Princeton, West Virginia, on:
THURSDAY, OCTOBER 3, 2019, AT 1:45 O’CLOCK P.M.
All that certain lot, tract or parcel of real estate, together with the improvements thereon and the appurtenances thereunto belonging, situate in East River District, Mercer County, West Virginia, designated as Lot 3, Block A, on a Map entitled, “Lakewood Subdivision, a division of the Northeastern proportion of the land of Carlie and Shirlene Farmer as described in Deed Book date 10/20/69 and recorded in Deed Book 457 page 152 in the Court House of Mercer County, Princeton, West Virginia and shown on Tax Map#17, East River District as Parcel #17, George A. Morton, P.E., Post Office Box 908, Princeton, W.Va. 24740, Scale 1″ = 50′, 10/23/85.”, which said map is of record in the Office of the Clerk of the County Commission of Mercer County, West Virginia, as Microfilm Plat 9546, and more fully bounded and described as follows:
BEGINNING at a point on the eastern line of Teresa Drive at the southwestern corner of Lot 2k thence with the southern line of Lot 2, N. 87deg. 44′ E. 80 feet to a point in the C. E. Farmer line; thence with same S. 02deg. 16′ E. 60 feet to a point being the northeastern corner of Lot 4; thence with the northern line of Lot 4, S. 87deg. 44′ E. 80 feet to a point on the northern line of Teresa Drive; thence with same N. 02deg. 16′ W. 60 feet to the place of BEGINNING.
And being the same property conveyed unto Angela D. Whitacre and Michael S. Whitacre by deed dated December 14, 1995, of record in the Clerk’s Office in Deed Book 765, at Page 495.
This conveyance is subject to a Declaration of Protective Covenants and Restrictions pertaining to all lots in Lakewood Subdivision, of record in Deed Book 66, at Page 544.
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 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 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. Minimum acceptable bid will be $28,685.00.
7) 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 10th day of September, 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
ID: 301126