• NOTICE OF TRUSTEE'S SALE PUBL...

NOTICE OF TRUSTEE'S SALE PUBLIC AUCTION In execution of a certain Deed of Trust dated April 11, 2012, recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Trust Deed Book 892, at Page 385, given by Tabitha D. Stover and Joshua A. Stover, her husband, 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 23, 2017, and recorded in the aforesaid Clerk's Office in Trust Deed Book 985, at Page 82, 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 TUESDAY AUGUST 22, 2017, at 10:00 o'clock a.m., the following described real estate situate in New Haven District, Fayette County, West Virginia, and being more particularly bounded and described as follows, to-wit BEGINNING at a point in the center of West Virginia County Route 4/2, corner to Joyce D. & James P. Kuhn's 0.908 acre tract, designated as "D" on a map or plat attached hereto and made a part of this description, Ralph & Carla Clark's 3.41 acre tract, Brenda J. & Larry B. Canterbury, Sr., 40.84 acre tract and the tract herein described, a rebar on the east side of said road bears S 79 24' 59" East, a distance of 19.32 feet; thence leaving said road and with Canterbury's 40.84 acre tract, North 79 24' 59" West, passing two rebar, corners to an easement, at distances of 18.83 feet and 114.53 feet, for a total distance of 306.44 feet to a rebar north of Kesler Branch comer to Richard E. & Linda A. Brown's 15.194 acre tract, designated as "E" on the aforementioned map or plat, and the tract herein described; thence leaving Brenda J. & Larry B. Canterbury, Sr., 40,84 acre tract and with Brown's 15.194 acre tract, North 22 40' 53" East, passing two rebar, corners to the aforementioned easement at distances of 82.51 feet and 115.43 feet, and passing a rebar, comer to Brown's 15.194 acre tract and Charles L. & Jennifer L. Noll's 28.965 acre tract, designated as "B" on the aforementioned map or plat, at a distance of 678.90 feet, for a total distance of 790.88 feet to a rebar, corner to Noll's 28.965 acre tract and the tract herein described; thence continuing with Noll, North 67 52' 31" East, a distance of 603.77 feet to a point corner to Jodi M. Kuhn's & Nathan D. Freier's 3.013 acre tract and the tract herein described; thence leaving Charles & Jennifer L. Noll's 28.965 acre tract and with said 3.013 acre tract, South 29 57' 25" East, a distance of 520.14 feet to a point on a line of John M. & Della A. Crosier's 2.47 acre tract and west of aforementioned route 4/2, corner to Jodi M. Kuhn's & Nathan D. Freier's 3.013 acre tract and the tract herein described, a 1/2' iron rod on the west side of said road, corner to Crosier's 2.47 acre tract, bears North 33 32' 35" East, a distance of 162.79 feet; thence leaving said 3.013 acre tract and with Crosier's 2.47 acre tract, for a part, and David W. & Jill S. O'Dell's 7.88 acre tract, for a part, south 33 32' 35" West, a distance of 101.93 feet to a rebar on the west side of said road, corner to O'Dell's 7.88 acre tract and the tract herein described; thence continuing with O'Dell, South 36 27' 43" West, a distance of 280.25 feet to a point on a line of Ermel L. & Rosalea Legg's 1 acre tract said point being in the roadway of aforementioned Route 4.2, corner to O'Dell's 7.88 acre tract and the tract herein described; thence leaving O'Dell's 7.88 acre tract and the road and with Legg's 1 acre tract the following two calls, North 42 31' 55" West, a distance of 99.00 feet to a 1/2" iron rod; thence south 37 31' 41" West, a distance of 263.91 feet to a point in aforementioned Route 4/2, corner to Legg's 1 acre tract, aforementioned Joyce D. & James P. Kuhn's 0.908 acre tract and the tract herein described, a 1/2" iron rod, corner to said 0.908 acre tract, bears South 42 29' 26" East, a distance of 89.10 feet; thence leaving Ermel L. & Rosalea Legg's 1 acre tract and with said 0.908 acre tract and the center of said road the following four general bearings and distances, South 84 03' 40" West, a distance of 101.48 feet; thence South 78 17' 44" West, a distance of 112.44 feet; thence South 74 02' 53" West, a distance of 106.20 feet; thence South 47 48' 40" West, a distance of 79.75 feet to the beginning and containing 14.774 acres more or less, after deducting the right of way of said Route 4/2, and designated as "C' on the aforementioned map or plat. All bearings taken from the magnetic meridian of November of 1998, having a declination of 7-51 West. And being the same property conveyed unto the parties of the first part herein by deed of Kara Ware (fka Kara Deist), dated the 16th, day of March, 2012, and recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed Book 676, at Page 415. 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 parties in interest are not members of the Armed Forces of the United States, and are 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 10th DAY OF JULY, 2017. Paul O. Clay, Jr. SUCCESSOR TRUSTEE 8-17-THU-3-FT; LG 255
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PostedAugust 03, 2017