Mercer

NOTICE

NOTICE OF TRUSTEE’S SALE In execution of the deed of trust, dated April 28, 2006, from Anthony A. Lucas and Mandy M. Lucas to Ward Morgan and J. Peter Richardson, as trustees, of record in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Trust Deed Book 1076, at page 213, and the deed of trust, dated April 25, 2006, from Anthony A. Lucas and Mandy M. Lucas to Ward Morgan and J. Peter Richardson, as trustees, of record in said Clerk’s Office in Trust Deed Book 1076, at page 222, the undersigned trustee will offer for sale at public auction on November 18, 2016, at 10:00 a.m. at the North Walker Street entrance to the Mercer County Courthouse, Princeton, West Virginia, all of those two certain tracts or parcels of land in East River District, Mercer County, West Virginia, and more particularly bounded and described as follows: FIRST: BEGINNING on a black oak stump on a ridge and corner to C. N. Vest; thence up the ridge N. 12? 30′ E. 148 feet to where a small pine is called for (not found) N. 5? E. 275 feet to a small white oak and chestnut oak stump on a knoll; N. 13? W. 353 feet to a white oak stump; N. 28? 45′ W. 490 feet to a white oak and corner to Vest; thence leaving Vest up the hill N. 19? 30′ W. 1468 feet to a point in the W. A. Brown line 45 feet from Brown and Akers corner; thence with Brown’s line N. 71? 30′ E. 350 feet; N. 52? E. 268 feet; N. 63? E. 788 feet; N. 57? 15′ W. 300 feet to two chestnut oaks; N. 70? 50′ E. 200 feet to a point in the County Road; thence along the South side of same N. 68? E. 243 feet; N. 78? 30′ E. 198 feet to a white walnut on the south side of said road; S. 41? 30′ W. 400 feet to a stake; S. 54? W. 370 feet to a stake; S. 16? E. 570 feet to a chestnut; S. 32? E. 535 feet to a small black oak and red oak; S. 25? E. 50 feet to a red oak by wire fence; S. 80? W. 615 feet to a stake in a hollow; S. 26? E. 1072 feet to a sugar tree in a hollow; S. 26? 45′ W. 625 feet to a small beech on the east bank of the branch; N. 72? W. 280 feet to a red oak on top of the ridge; N. 1? 30′ E. 20 feet to the BEGINNING, and containing 63 1/2 acres more or less. (1) There is excepted and reserved from the operation of this Deed a tract of about three acres which was conveyed to Oscar Meadow, Jimmie Meadow and Kenneth Meadow, by Deed dated November 2, 1957, and is of record in said Clerk’s Office in Deed Book 368, at Page 412, and is bounded and described as follow, to wit: BEGINNING at a point in the Old Whitt Road, and a corner of Hubert Meadows land; thence in a Southwest direction in the line of a row of cliffs and with the Meadow’s land 1473 feet, to a stake, a corner to Brown and Hill land; thence in a Southern direction 500 feet, more or less, to an old roadway or pathway; thence in an Easterly direction 1300 feet, more or less, to Old Whitt Road; thence in a Northerly direction with the road 96 feet to the point of BEGINNING. (2) There is further excepted and reserved from the operation of this Deed a roadway for the use and benefit of a tract of land, which roadway was reserved in a Deed to D. T. Hill, et al, dated November 27, 1933, of record in said Clerk’s Office in Deed Book 217, at page 483. The owner of the tract of land who has the rights to travel across this land is now Mr. Roy Hall and which roadway runs from the Hall trat to W. Va. Route 219/7. SECOND: The following described tract of real estate containing 40 1/2 acres, situate on the Waters of East River, East River District, Mercer County, West Virginia, and further bounded and described as follows: BEGINNING at a point in the right-of-way line of the Virginian Railway Company, a corner of C. N. Vest’s land; thence with said Vest lines N. 15? 45′ W. 402 feet to a black oak stump on a ridge by a wire fence, N. 22? W. 215 feet along the top of said ridge to a small white oak, N. 17? 15′ W. 220 feet to a white oak stump, N. 10? W. 274 feet to a chestnut oak and dogwood stump, N. 1? 30′ E. 350 feet to a black oak, N. 12? 30′ E. 148.5 feet to a point where a small pine is called for (not found) N. 5? E. 275 feet to a white oak and chestnut oak stumps on knoll, N. 13? W. 353 feet to a white oak stump N. 28? 45′ W. 490 feet to a white oak; thence leaving top of ridge S. 75? W. 313.5 feet to a stake in J. W. Whitlow’s line and with same N. 8? 15′ W. 190 feet to a hickory N. 15? 30′ W. 475 feet to a large black oak stump N. 28? 15′ W. 693 feet to a point in line of land formerly owned by W. A. Brown and with same as copied N. 71? 30′ E. 395 feet, N. 52? E. 268 feet; N. 63? E. 788 feet N. 57? 15′ E. 300 feet to two chestnut oaks N. 70? 50′ E. 200 feet to a point in the County road; thence along same S. 51? E. 300 feet, S. 7? E. 72 feet to a locust on the S. W. side of the road; thence along the south side of same N. 68? E. 243 feet, N. 78? 30′ E. 198 feet to a white walnut on the south side of the road; thence S. 41? 30′ W. 400 feet to a stake; thence S. 54? W. 370 feet to a stake, thence S. 16? E. 570 feet to a chestnut S. 32? E. 535 feet to a small black oak and red oak; S. 25? E. 210 feet to a black oak S. 27? E. 475 feet with a wire fence to a point, S. 20? 30′ E. 265 feet to a stake in a gap of ridge by a wire fence; thence S. 12? E. 244 feet to a black walnut by the wire fence, S. 23? E. 265 feet to a stake marked a double hickory as a pointer about 8 feet south of the stake; thence with line of P. S. Tracey’s land S. 72? W. 150 feet to a pine and water oak, S. 59?W. 122 feet to a black oak, S. 57? W. 291 1/2 feet to a pine not found, S. 12? 45′ E. 505 feet to a small sugar tree in gap of the ridge, S. 23? W. 168 feet to a black oak, S. 252 feet to a pine stump, S. 37? E. 225 feet to a wire fence over the north line of the Virginian Railroad Company’s right-of-way, a corner of said P. S. Tracey’s land; thence with the N. line of the said Railroad Company’s right-of-way with the wire fence 67? 30′ W. 792 feet to the BEGINNING, and containined109 acres, more or less. There is excepted from the above described tract that certain tract containing 63 1/2 acres which was conveyed to C. B. Hill and M. J. Hill, his wife, by Deed dated November 27, 1933, of record in the Office of the Clerk of the County Court, Mercer County, W. Va., In Deed Book 217, at Page 483. There is further excepted and reserved from the operation of this Deed, a tract containing 10.31 acres, which was conveyed to the W. Va. Department of Highways, by Deed dated June 18, 1969, as a part of Project APD 200(17) as parcel No. 133, which Deed is of record in said Clerk’s Office in Deed Book 454, at Page 593. There is further excepted and reserved from the operation of this Deed the following described 53.5 acres tract situate in East River District, Mercer County, West Virginia, between Edwin Leon Pendleton and Patricia Pendleton, his wife, to Dwight Easter and Martha Easter, his wife, by Deed dated January 25, 1999, recorded in said Clerk’s office in Deed Book 804 at Page 89, and more particularly bounded and described as follows: all of that two certain tract or parcel of land in East River District, Mercer County, West Virginia, more particularly bounded and described as follows: Beginning at a point in the right-of-way line of the Virginian Railroad Company, a corner of C. N. Vest’s land; thence with said Vest lines N. 15? 45′ W. 402 feet to black oak stump on a ridge by a wire fence, N. 22? W. 215 feet along the top of said ridge to a small white oak, N. 10? W. 274 feet to a chestnut oak and dogwood stump; thence N. 1 degree 30′ E. 350 feet to a black oak, thence N. 12? 30′ E. 148.5 feet to a point where a small pine is called for (but not found), N. 5? E. 275 feet to white oak and chestnut oak stumps on a knoll; thence N. 13? N. 353 feet to a white oak stump, N. 28? 45′ W. 490 feet to a white oak; thence N. 58? 26′ E. 403.5 feet to a stake in a hollow, N. 80? E. 615 feet to a red oak; thence S. 25? E. 160 feet to a black oak, S. 27? E. 475 feet with a wire fence to a point, S. 20? 30′ E. 265 feet to a stake in a gap of the ridge by a wire fence, S. 12? E. 244 feet to a black walnut by the wire fence, S. 23? E. 265 feet to a stake (marked by a double hickory as a pointer about 8 feet south of the stake); thence with the line of P. S. Tracey’s land S. 72? W. 150 feet to a pine and water oak, S. 59? W. 122 feet to a pine not found, S. 12? 45′ E. 505 feet to a small sugar tree in gap of the ridge; thence S. 23? W. 168 feet to a black oak, S. 252 feet to a pine S. 37? E. 225 feet to a wire fence over the North line of the Virginia Railroad Company’s right of way, a corner of said P. S. Tracey’s land; thence with the N. line of said railway company right of way with the wire fence 67? 30′ W. 792 feet to the beginning; and containing 53.5 acres more or less. There is excepted and reserved from the operation of this deed a tract containing 10.31 acres, which was conveyed by Vilda Hall and Roy E. Hall, her husband to the West Virginia Department of Highways by deed dated June 18, 1969, as part of project APD200(17) as parcel #133, which deed is of record in said Clerk’s office in Deed book 454 at Page 539. There is conveyed also by the parties of the first part unto the parties of the second part a 30 foot right-of-way from a point on state road 219/7 at the line between Larry Comer and Leon Pendleton and thence in a southerly direction with a reasonable grade to the property conveyed herein. J. Peter Richardson was appointed substitute trustee by the APPOINTMENT OF SUBSTITUTE TRUSTEE, dated October 20, 2016, of record in said Clerk’s Office in Trust Deed Book 1325, at page 794. J. Peter Richardson was also appointed substitute trustee by the APPOINTMENT OF SUBSTITUTE TRUSTEE, dated October 20, 2016, of record in said Clerk’s Office in Trust Deed Book 1325, at page 795. This sale will include all rights, easements, appurtenances, improvements and structures that are part of the real estate described above. This sale will be subject to all restrictions, rights-of-way, conditions, easements, and mechanics’ and materialmen’s liens, if any, whether of record or not of record, to the extent any of the foregoing apply and take priority over the lien of the deed of trust. TERMS OF SALE: Cash in hand on day of sale. The conveyance of the real estate will be by special warranty deed. The real estate and any improvements thereon will be sold in “as is” condition without any warranties. The successful bidder will assume the risk of all loss or damage to the real estate and any improvements thereon after the sale, and be responsible for all costs of the conveyance including, but not limited to, any examination of title, preparation of the deed, excise tax and recording fees. Any announcements made at the sale, including postponement of the sale and withdrawal of the real estate from sale, will take priority over published notices. Dated: October 27, 2016. J. Peter Richardson, as trustee Post Office Box 1778 Bluefield, West Virginia 24701 (304) 327-7158