NOTICE OF TRUSTEE’S SALE
The undersigned Substitute Trustee, by virtue of the authority vested in her by that certain Deed of Trust executed by and between DANIEL SIMMS AND JESSICA SIMMS, (“Borrowers”), and WILLIAM D. GOODWIN, (First Trustee), and THE GLENN ALFRED BENNETT FAMILY IRREVOCABLE LIVING TRUST, (“Lender”), dated the 8th day of May, 2017, and of record in the Office of the Clerk of the Greenbrier County Commission in Greenbrier County, West Virginia, in Trust Deed Book 779, at Page 795. Whereas, said Lender having nominated and appointed ANNA R. ZIEGLER, ROBERT GARDNER, DAVID L. ZIEGLER, and the law firm of Ziegler & Ziegler, L.C., any one of whom may act, (“Substitute Trustees”), by Substitution of Trustee dated June 12, 2025, and of record in the aforesaid Clerk’s Office in Book 907 at page 543. Said Deed of Trust being presently in default, the said Substitute Trustees having been requested by the beneficiary thereof so to do, NOW, THEREFORE, we, ANNA R. ZIEGLER, ROBERT A. GARDNER, DAVID L. ZIEGLER, and the law firm of Ziegler & Ziegler, L.C., Substitute Trustees as aforesaid, will proceed to sell the hereafter described real estate at public auction on Wednesday, the 6th day of August, 2025, at the hour of 11:00 a.m., to the highest bidder for cash in hand, 10% down the day of the auction, remainder due within 30 days of the sale, at the front door of the Courthouse of Greenbrier County, West Virginia, which real estate is located in the White Sulphur District, Greenbrier County, West Virginia, and is more particularly described as follows:
Beginning at a ¾” iron pipe set in the southeastern R/W of Old Anthony’s Creek Road and the eastern line of a 25’ R/W; thence leaving 25’ R/W and with the meanders of said Anthony’s Creek Road R/W N 45-05-25 E 90.89 feet; thence N 32-53-25-E 119.38 feet to a 1” iron pipe found, a corner to Lee Masters; thence leaving road and with said Masters S 32-46-35 E 417.88 feet to a 1” iron pipe, found, thence S 47-51-34W 70.38 feet to an 1” iron pipe, found, thence S 87-46-23 W 84.27 feet to a 1” pipe found, thence S 47-51-34 W 70.38 feet to a 1” iron pipe found, thence S 87-46-23 W 84.27 feet to a 1” iron pipe found, thence, N 75-35-03 W 79.90 feet to a 1” iron pipe found in the eastern line of a 25’ R/W; thence, with said R/W N 33-04-06 W 259.59 feet to the place of beginning and containing 1.625 acres, more or less, according to a survey by N. Eugene Kelley on December 26, 1984.
AND BEING the same property conveyed unto Daniel Simms and Jessica Simms, as joint tenants with right of survivorship, from The Glen Alfred Bennett Family Irrevocable Trust by deed dated May 8, 2017, and of record in the Office of the Clerk of the Greenbrier County Commission in Deed Book 591 at Page 53.
THIS SALE IS MADE subject to such easements, rights-of-ways, restrictive covenants, reservations and agreements as are contained and set forth in prior deeds of conveyance pertaining to said real estate.
SAID SALE SHALL BE SUBJECT TO THE FOLLOWING CONDITIONS:
1) 10% of the successful bid shall be paid by the successful bidder unto the Substitute Trustee(s) the day of sale, by cash or certified funds. The balance of said bid shall be due via certified funds unto the Substitute Trustee(s) within 30 days of the sale.
2) Subject to any and all mineral rights and reservations, stipulations, restrictions, reservations, easements, conditions and covenants contained in all former conveyances of the subject property or appearing of record in the aforesaid Clerk’s Office except any pertaining to race, color or creed.
3) Subject to all real estate taxes against said property and any taxes which constitute a lien upon the said property but which are not yet due and payable.
4) The subject property will be sold in AS IS condition. The trustees shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
5) The property will be conveyed by the undersigned Trustee(s) to the purchaser without warranty of any kind, expressed or implied.
6) The aforesaid sale may be adjourned from time to time as the undersigned Trustee deems advisable, which adjournment may be made by oral proclamation at the time and place of the sale or any adjournment thereof.
GIVEN under our hands on this the 18th day of June, 2025.
/s/Robert A. Gardner
Robert A. Gardner
Trustee
Ziegler & Ziegler, L.C.
110 James Street
Hinton, WV 25951
/s/David L. Ziegler
David L. Ziegler
Trustee
Ziegler & Ziegler, L.C.
110 James Street
Hinton, WV 25951
/s/ Anna R. Ziegler
Anna R. Ziegler
Trustee
Ziegler & Ziegler, L.C.
110 James Street
Hinton, WV 25951
PREPARED BY:
ZIEGLER & ZIEGLER, L.C.
110 James Street
Hinton, WV 25951
(17,24jl)
