TRUSTEES’ SALE OF VALUABLE REAL ESTATE
210 Beechview Road, Mount Hope, WV 25880
In a Deed of Trust dated June 26, 2017, and duly recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed of Trust Book 5065, at page 8060 Arthur R. Hatfield and Jeanne Rozene Hatfield did convey unto Carl D. Andrews, Esq., Trustee, certain real property. The beneficial holder of that Deed of Trust has elected to appoint Terra Abstract Trustee West Virginia, Inc. as substitute trustees by a Substitution of Trustee recorded in the aforesaid Clerk’s Office. Default having occurred under the Deed of Trust and the beneficial holder having instructed the
undersigned Trustees to foreclose, this real property will be sold at public auction at the front door of the Raleigh County Courthouse, 215 Main Street, Beckley, West Virginia 25801 on:
September 8, 2020
At 11:00 AM
The property for sale as described by the Deed of Trust is as follows:
The land referred to herein below is situated in the County of Raleigh, State of West Virginia, and is Described as follows:
Tract 1:
Beginning at an iron rail, set on line between Edith Craddock and Floyd Colley, said Rail being N. 34deg.40` W. 479.48 feet from a point in the center line of the Sand Brach Road; thence N. 34deg.40` W. 1138.89 feet to an iron rail; Thence S. 38 deg.42`W. 279.32 feet to a fence post corner passing through an iron rail on line at plus 150.00 feet; Thence S. 36deg.09`E. 1392.44 feet to a point in Sand Branch, passing through a 24″ Chestnut Tree on line, on the North West Edge of the right of way line of the Sand Branch Road; Thence up Sand Branch to a Tack in the Center line of a Wooden Bridge Across Sand Branch;
Thence Leaving the Creek and Down Sand Branch Road; Thence Leaving the Road N. 68deg.35`W. 100.71 feet to a spike in the Center line of the Road; thence leaving the road N. 19deg.11`W. 170.74 feet to an iron pin in a field; thence N. 39deg.28`E. 116.31 feet to the Beginning containing 7.18 acres, more or less, after deduction of Road Right of way
Tract 2:
Beginning at set stone in the head of the Hollow; thence South 37deg.East Passing Midway Between Two Spring at 30 feet, passing a Large Chestnut Tree at 745 feet and in the Center of the Sand Branch Road to 765 feet at a total distance of 940 feet to a set stone on the Northwest Bank of the Creek; thence with the Creek as it meanders in a southward direction 650 feet more or less to a set stone on the Northwest Bank of the Creek; thence North 41deg.West Passing the center of Sand Brach Road at 265 feet a total distance of 925 feet; to a set tone in a cove; thence 53deg.East 645 feet to the Beginning containing fifteen acres, more or less.
Tract 3:
Beginning at a corner of Lloyd Rice`s Lot N. 40deg.30`W.21 Rods to top of the Hill; thence N. 5deg. W. 9 Rods N. 88deg.E.10 Rods Two Chestnut Oaks on the Ridge; Thence N. 38 deg. E. 30 Rods to a stake on the Ridge and corner to Lot No. 3 and with Same S. 36deg.30`E. 32 Rods; thence S. 53deg. W. 40 Rods to the beginning, and containing 9 acres, more or less.
Less and Except
Beginning at a rebar(set), a new corner with a forty foot reservation/road-way, thence with the forty foot reservation/Road-Way N 24deg.56`W 225` to a rebar(set), thence leaving the forty foot reservation/Road-Way and with a new line through tract 1 of Arthur R. and Matilda R. Hatfield`s parcel of land (735-837); S 65deg.04`W 180` to a rebar(set), thence S 24deg. 56` E 189.10 to a rebar(set) on the Northern Right of Way of Sand Branch Road; Thence with the right of way of Sand Branch Road N. 73deg. 13.28`E 85.29` to a rebar(set), thence continuing along right of way of Sand Branch Road N 79deg. 03` E 98.49` to the
point of Beginning, containing .846 acres more or less, as surveyed by Marshall R. Israel, Beaver, West Virginia.
Less and Except
Beginning at a point on the Northern R/W of Sand Branch Road, said Point of beginning referenced N. 69deg. 39` 21″ E. 90 feet from a rebar found At a boundary corner to a 30` easement reservation and Sand Branch Road. Thence from the said beginning point n. 69deg. 39’21” w. 52.47 feet to a Rebar set; thence continuing along the Sand Branch Road 40` R/W N. 73deg. 13` 28″ E. 38.38` to a rebar (set); thence, N. 24deg. 56` W. 189.10 feet to a rebar (set) a new corner; thence, S. 65deg. 04` w. 90 feet to a point and being a new Corner; thence, with a new line through the Arthur R. and Mitilda Hatfield tract of land S. 24deg. 56` E. to the point of beginning.
Less and Except
Beginning at a point, a boundary corner to a 30 foot easement Reservation and the Northern right-of-way of Sand Branch Road; Thence N 69deg. 39’21” E 90.43 feet to a point; thence N 24deg. 59` W 148.81 feet to a Point; Thence N 70deg. 25` w 90.39 feet to a point on a 30 foot right-of-way; Thence s 24deg. 56` E.150 feet to a point and being the point of beginning.
Less and Except
Beginning at a rebar(set), a New Corner, on the Southern R/W of Sand Branch Road (Said Point of Beginning being referenced 100.0` Northeast of the Boundary Corner of Mae Bales Tract Land 215-433), Thence with the R/W of Sand Brach Road. N 79deg.08`22″ E. 40.11` to rebar (set), thence; N 69deg.39`21 E 159.89` to a Rebar(set), thence leaving the R/W of Sand Branch Road and with a New Line Trough Tract I of Arthur R. And Matilda R. Hatfield`s Parcel of Land (735-837); S29deg.30`21E 152.55` to the center of the water of Sand Branch Creek, a New
Corner, thence with the Meanders of the Waters of Sand Branch Creek the following
Bearings and Distances:
S 82deg. 08`17″ W 23.63`, thence
S 0deg. 43` 48″ W 95.30`, Thence
S 22deg. 54` 28″ W 31.40`, Thence
S 79deg. 42` 12″ W 58.39, Thence
N 69deg. 16` 54″ W 41.62, Thence
S 29deg. 01` 01″ W 22.57 to a point in the Center of Sand Branch Creek a New Corner, Thence with another New Line Through the Said Hatfield Tract (735-837) N 29deg. 30` 21″ W 244.19` to the point of Beginning, containing 1.002 Acres More or less,
as surveyed by Marshall R. Israel, Beaver, West Virginia
Less and Except
Beginning at a point on the Western Line of a 30 foot right-of-way and being a Boundary Between The 30 foot right-of-way and Sand Branch Road; Thence N. 25deg.31`W. 150 feet to a point; thence N. 74deg.02`W. 87.47 feet to a point; thence S. 27deg.31`E. 146.14 feet to a point on the Northern Boundary of Sand Branch Road; Thence S. 79deg.08`22″ E. 67.99 feet to a point; and Continuing along the Northern Boundary of Sand Branch Road 13.91 feet to a point and being the point of Beginning, containing 0.287 acres more or less.
Less and Except
Beginning at a point on the Northern side of Sand Branch Road and being Southwest Corner of the Property herein described, thence N. 29deg.30`21″ W. 150 feet to a point; thence S. 74deg.02`E. 87.47 feet to a point; Thence S. 27deg.31`E. 146.14 feet to a point, and being on the Northern side of Sand Branch Road; Thence N. 79deg.08`22″N 22.67 feet to a point; and continuing along sand Branch Road N. 69deg.30`52″W, 59.22 feet to a point, and being the point of beginning, containing 0.282 acres More or less.
Less and Except
Beginning at a point, (Refenced N. 29deg. 30`21W, 150.00` From the Right of Way of Sand Branch Road), Being the Northwest Corner of the Freda A. Matheny (MR28-PG1146), Parcel of Land, on the Boundary Line of the Fairren Mark Worrell and Ember Zetta Worrell (MR15-PG 1779) Parcel of Land. Thence with the common Boundary Line of the Said Worrell and Hatfield Parcels of Land; N. 29deg.30`21″ W. 836.25` to a point, Being a common corner of the said Worrell and Hatfield Parcels of Land Thence with the Boundary Line of the Arthur R. and Matilda R. Hatfield Parcel of Land; N. 6deg.00`E. 148.50″ to a point, Thence; S. 81deg.00`E. 165.00 to a point, Thence; N. 49deg.00` E. 27.31` to a point, Being a New Corner, thence with a new line through the aid Hatfield Parcels of Land; S. 24deg.56` E. 903.71` (Passing the end of a 30` right of way at 623.71`) to a point,
Being a corner of the Richard L. and Donna L. Yeargo (MR28-Pg1929) , Parcel of Land , thence leaving the 30` right of way and with the Boundary Line of the said yeargo Parcel of land and the said Matheny Parcel of Land; S. 74deg.02`W. 174.94` to the point of Beginning containing 4.390 acres, more or less, as calculated.
Less and Except
Beginning at a rebar (called for), along the Southern Right of way of Beechview Road (WVCounty route no. 1/15), being the common corner Of the Thomas J. Miller, Sr. and Zetta Mae Miller (MR 5001 pg 6350), Parcel of land and the Arthur R. And Matilda R. Hatfield (DB 735-pg 837), parcel of land. Thence with the southern Right of way of Beechview road, two (2), courses and distances; N 69deg. 30` 52″ e 4950` to a Point, thence; N 79deg. 08` 22″ E 50.50` to a rebar 9called for), being a Common corner of the Gary l. Tolen, Jr. And Rita A. Tolen, (MR500 pg 5037) parcel of land. Thence leaving the southern right of way of Beechview road, and with the boundary line of the said Tolen parcel Of land; S 29deg. 30′ 21″ E 244.19` to a point, N the center of the waters of North Sand Branch. Thence with the meanders of the waters of north Sand branch, three (3), courses and distances; s 29deg. 01` 01″ w 20.28` to a point, thence; N70deg. 30` 57″ w 48.65` to a point, Thence; S 73deg. 50` 15″ w 48.84` to a point, thence Leaving the center Of the waters of north Sand of North Sand Branch; N 29deg.30`21″ W 230.70` to the point of beginning, containing 0.535 Acres.
Less Except
Beginning at a point, (referenced n 24deg. 56` 00″ w 192.25` from the right of Way of Beechview Road), said point of beginning, being a new corner at the eastern right of way of a 30` read, and being anew corner at the boundary line of the Arthur R. & Matilda r. Hatfield tract of land. Thence with the right of way of the said 30` road, two courses and distances; n 24deg. 56` 00″ w 240.00` to a point; thence s 65″ 04` 00″ w 30.00` to a point, being a corner of the said 30` right of way, at the boundary line of the William R. & Freda Matheny Boyko (5001-2032), tract of land; thence with the common boundary line of the said Boyko and Hatfield tracts of land, n 24deg. 56` 00″ w 623.87′ to a point, being a common Corner of the said Boyko and Hatfield tracts of land; thence with the boundary Line of the said Arthur R. & Matilda r. Hatfield (735-837) tract of land, n 49deg. 00` 00″ b 218.54` to a point, a new corner; two (2) new lines through the Arthur R. & Matilda R. Hatfield (735-837) tract of land, s 24deg. 56` 00″ b 924.35` to a point, a new corner thence s 65deg.04`00″ w 180.00` to the point of beginning, containing 4.145 acres, more or less
Less and Except
Beginning at a 1/2 – Inch Rebar, found, on the Eastern Right-of-Way Line of a 30 – foot right of way, said rebar being corner of Marvin H. Brown; thence Leaving said Brown and running with said right of way line N. 24deg.56`W. 42.25 feet to a 1/2 inch rebar, found, said rebar being a corner of William R. Boyko; thence Leaving said right of way line and with said Boyko the following two (2) Calls: N. 65deg.04″E. 180.00` Feet to a 1/2 inch rebar, found; N. 24deg.56`W. 908.09 feet to a 1/2 – inch rebar, found on line of Virginia Martin; thence Leaving said Boyko and with said Martin N. 50deg.09`17″ E. 191.04 feet to a 5/8 inch rebar set said rebar being situated S. 50deg.09`17 W. 41.45 feet from a Fence Post found, said Post being a corner of the original Tract and Arthur R. Hatfield (7.18 acre tract) ; thence leaving said Martin and Running with a New Lien Thru the original Tract S. 24deg.41`43″ E. 977.26 feet to a 5/8 Inch Rebar, set, said Rebar being a corner of Leland George Taylor; thence with said Taylor S. 65deg.04`W. 180.55 feet to a 5/8 inch Rebar, Set said Rebar Being Corner of an Area that is in Dispute Between Arthur R. Hatfield and Teresa L. Taylor ; thence Leaving said Leland Taylor and with said are the following two (2) calls: S. 65deg.04`W. 90.00 feet to rebar a 5/8 inch rebar, set; S. 24deg.56`E. 30.67 feet to a 5/8 inch rebar set, said rebar being a corner of previously mentioned Marvin H. Brown; thence leaving said area and with said Brown S. 70deg.24`47″ W 90.39 feet to the point of Beginning and containing 4.129 acres, more or less, as surveyed by Eastern Surveying, Inc. and Shown on a plat attached hereto and made a part of the description.
Less and Except
Beginning at a 5/8 inch rebar, set, on the Southern Right of Way line of Beechview Road (West Virginia Secondary Route 1/15), and Rebar being corner OF Gary L. Tolen, Ir. And Rita A. Tolen, Thence said Tolen And With Said Southern Right Of-Way line the following three (3) CALLS:
N 69 Degrees 39` 21″ E 28.65 Feet To A Point;
N 73 Degrees 13` 28″ 120.39 Feet To A Point;
N 79 Degrees 03` 00″ E 50.96 Feet To A 5/8 Inch Rebar, Set Thence Leaving The Right
Of Way Line And Running Thru The Original Tract.
S 29deg.30`21″ E 153.92 feet to a 5/8 inch rebar, set in the original center of North Sand Branch Now Moved; thence with the original Center of Said Branch the following two (2) calls:
S69deg.08`28″W 3.51 feet to a point
S 81deg.11`20″ W 65.07` to a point in the Center of North Sand Branch; thence with said
center of said branch the following (4) calls:
S49deg.18`57″ W 60.33 feet to a point;
S24deg.11`03″E 58.34 feet to the point;
N80deg.42`51″ W 49.95 feet to a point;
N 51deg.50`30″ W 68.81 feet to a point, said point being a corner of previously mentioned Garry L. Tolen, Jr. and Rita A. Tolen; thence leaving said Branch and with said Tolen;
N29deg.30`21″ W 152.55 feet passing a 5/8 inch Rebar, set, on Line at a Distance of 22.07 feet, to a point of Beginning and Containing 34,057 square feet (0.782 acres) more or
less.
Parcel ID: 11-6-0003 0001, 11-6-0026 0000, 11-6-00020000
Being the Same property conveyed to Virgil D. Cochran, Jr. by deed from Arthur R. Hatfield and Matilda R. Hatfield, husband and wife , dated 06-17-2010, recorded 07-01- 2010, in Page: 9885 Book : 5039 Instrument: 50399885, in the office of the Clerk of the County Commission of Raleigh, County, West Virginia.
The purchaser will take the property subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real property.
The purchaser will be responsible for paying any transfer stamp, excise taxes, and recording costs associated with recording the Trustee’s Deed into their name.
The purchaser will be responsible for paying any unpaid property taxes owed to the Sheriff of Raleigh County prior to or following the sale directly to the Sheriff.
The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance having priority over the deed of trust referred to herein.
The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance that is junior (“junior claims”) to this Deed of Trust and to which sufficient notice was not given. In that case, unless such right to notice is waived, the chain of title shall not merge with this Deed of Trust as to those unnoticed deeds of trust, judgments, liens, and other encumbrances and will be subject to a further noticed and published sale under this Deed of Trust pursuant to W.Va. Code 38-1-4, in which bidding shall resume at the last highest bid given. In the event of a surplus of such sale, the mortgagors and noticed junior lienholders are hereby on notice that if such surplus is
less than Two Thousand Five Hundred Dollars ($2500.00), then the Substitute Trustee will disburse those proceeds to the most senior interest holder as it sees fit, unless an objection is made in writing.
The Trustees do not guarantee or represent that the boundaries described above are accurate, are not encroached upon, or that any particular structure located on the property is contained within the described boundaries. The property is therefore sold subject to an accurate survey at purchaser’s expense.
The Trustees reserve the right to adjourn the sale, for a time, or from time to time, by announcement at the time and place of sale described above or any adjournment thereof. Such adjournment will be noticed by posting a notice at the front door of the county courthouse or where such notices are traditionally posted at the county courthouse. Such notice will include the date and time when such sale will reconvene.
The Trustees reserve the right to reject any and all bids for any reason.
The Trustees make no representations as to the condition of the property. The property will be sold in “AS IS” condition.
The Trustees make no representations as to whether the property is occupied. The purchaser is responsible for gaining access and possession of the property. Trustees shall be under no duty to cause any existing tenant or person occupying the subject property to
vacate said property.
The purchaser may assign its rights prior to the delivery of the trustee’s deed by a signed request in writing to the trustee; the assignee of the purchaser shall be bound by all terms and conditions applicable to the purchaser.
The Trustees will deliver a trustees’ deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code 38-1-6. The Trustees make no representations and warranties about the title of the real estate to be conveyed. If the Trustees are unable to convey insurable or marketable title to purchaser for any reason, purchaser’s sole remedy is return of deposit.
TERMS OF SALE: Purchaser must bring $7000 cash in hand at the time of sale as a deposit in the form of a certified check or cashier’s check made payable to “Stern & Eisenberg Mid-Atlantic, PC, counsel for Terra Abstract.” Those appearing without their deposit will not be allowed to bid. The balance of the successful purchaser’s bid must be proffered in cash within 30 days of the date of the sale. Purchaser shall pay for transfer stamps and recording fees. Additional terms of sale may be announced prior to the sale.
Terra Abstract Trustee West Virginia, Inc.
9920 Franklin Square Drive, Suite 100
Baltimore, MD 21236
(410) 635-5127, (443) 815-3931
www.sterneisenberg.com
ID: 414219