• NOTICE OF TRUSTEE'S SALE PUBL...

NOTICE OF TRUSTEE'S SALE PUBLIC AUCTION In execution of a certain Deed of Trust dated February 23, 2005, recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Trust Deed Book 734, at Page 065, given by Mischelle Rogers to P. Michael Pleska and F. Thomas Graff, Jr., Trustees for United Bank Inc., said Trustees failing to perform, Paul O. Clay, Jr., Successor Trustee was appointed as evidenced by that certain Removal of Trustee and Substitution Thereof, dated June 2, 2017, and recorded in the aforesaid Clerk's Office in Trust Deed Book 984, at Page 193, default having been made in the payment of the debt therein secured; and upon failure to cure said default; and being required by the beneficiary so to do, the undersigned Successor Trustee will sell at public auction at the front door of the Courthouse of Fayette County, Fayetteville, West Virginia, on Monday July 3rd, 2017, at 10:00 o'clock a.m., the following described real estate situate in Valley District, Fayette County, West Virginia, and being more particularly bounded and described as follows, to-wit TRACT I BEGINNING at a point which is the common corner of Lot 23 and 22 on Elm Street; thence with the front line of Lot 23 on Elm Street 42.7 feet to a point; thence at right angles and through Lot 23, 33.4 feet to a point; thence at right angles and through Lot 23, 334 feet to and with the southern most edge of the front porch of parcel B to a point at an edge of the porch; thence at right angles in a northerly direction continuing with the edge of the porch 2.7 feet to a point; thence at right angles still with the porch 4 feet to a corner of the porch; thence at right angle and still with the porch 5.10 feet to a point which is the centerline of the party wall which is the common party wall of the duplex situate on Lot 23; thence at right angles and with the centerline of said party wall in a straight line parallel to and 34.2 feet from the northern most division line between Lot 23 and Lot 22 through said duplex and continuing the same line across the rear of said property to a point in the Public Alley; thence at right angles and in a northerly direction with the property line of Lot 23 and said Public Alley to the common corner of Lot 23 and Lot 22; thence with the common line between Lot 23 and Lot 22 in a northeastern direction 31.64 feet to a point; thence continuing with said common line and at right angles 6.91 feet to a point; thence at right angles and continuing with said common line 71.95 feet to point of beginning. And being the same property conveyed unto Mischelle D. Rogers by Deed of Gary W. Rogers, dated January 17, 2005, and recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed Book 610, at page 500. TRACT II BEGINNING at a point which is the common corner of Lot 23 and Lot 24 on Elm Street; thence with the front line of Lot 23 on Elm Street 33.03 more or less to the common partition between Parcel A and Parcel B; thence at right angles and through Lot 23, 33.4 ft. and with the southern most edge of the front porch of parcel B to a point at an edge of the porch; thence, at right angles in a northerly direction with the edge of the porch 2 ft. 7 in. to a point; thence, at right angles and still with the porch 4 ft to a corner of the porch; thence, at right angles and still with the porch 5 ft. 10 in. to a point which is the centerline of the party wall of the duplex situate on Lot 23; thence at right angles and with the centerline of said party wall in a straight line parallel and 34 ft 2 in. from the northern most division line between Lot 23 and Lot 22 through said duplex and continuing with the same line across the rear of said property to a point in the Public Alley; thence at right angles and in a southwesterly direction with the property line of Lot 23 and said Public Alley to the common corner of Lot 23 and Lot 24; thence with the common line between Lot 23 and 24, 103.59 feet to the point of beginning and being parcel B of the partition of Lot 23 as is shown on map thereof, and which Lot 23 is further shown on a map entitled "Map Showing Falls View Housing Subdivision, Electro Metallurgical Company, Falls District, Fayette County, W.Va", of record in said Clerk's Office, reference to which said map being here made for any and all needed purposes. And being the same property conveyed unto Mischelle D. Rogers by Deed of Gary W. Rogers, dated January 17, 2005, and recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed Book 610, at page 502. The above described real estate will be conveyed by the undersigned Successor Trustee to the purchaser thereof by deed containing a covenant of SPECIAL WARRANTY and subject to all liens, reservations and exceptions appearing in the record title, and to the lien of all unpaid taxes, if any, which are entitled to priority over the lien of the aforesaid Deed of Trust. The Successor Trustee herein asserts, to the best of his knowledge and belief, that the party in interest is not a member of the Armed Forces of the United States, and is therefore not entitled to the benefits of the Service Members Civil Relief Act. REAL ESTATE TAXES: Subject property will be sold by the undersigned Successor Trustee subject to real estate taxes presently a lien against subject real property. Any purchaser shall purchase subject to, and be responsible for, said real estate taxes. TERMS OF SALE: Cash on hand on day of sale. The above described real estate will be sold by the undersigned Successor Trustee by auction to the highest bidder subject to the right of the Trustee to reject all bids if in his opinion they are inadequate. The owner of the indebtedness secured by the above described Deed of Trust and the owner of any other interest in the property to be sold shall have the right to bid. The Successor Trustee does not warrant title or fitness to this property; it is being purchased as is; this is a buyer beware sale and any buyer is advised to retain counsel before the sale. CONTINUANCE OR ADJOURNMENT OF SALE: The Successor Trustee reserves the right to continue the sale, or to adjourn the sale, for a time, or from time to time, without further notice and announcement at the time and place of sale, as hereinabove set forth, or any continuance or adjournment thereof. DATED THIS THE 5TH DAY OF JUNE, 2017. 6-29-THU-3-FT; L 221
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PostedJune 15, 2017