TRUSTEES’ SALE OF
VALUABLE REAL ESTATE
695 W Cumberland Rd,
Bluefield, WV 24701
In a Deed of Trust dated July 3, 2019, and duly recorded in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Deed of Trust Book 1374, at page 651 Linda L. Delp and Randy Michael Delp did convey unto DOUGLAS E HAYES, 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 Mercer County Courthouse, 1501 Main Street, Princeton, West Virginia 24740 on:
October 18, 2022
At 10:00 AM
The property for sale as described by the Deed of Trust is as follows:
“ALL OF THAT CERTAIN LOT OR PARCEL OF REAL ESTATE SITUATED IN THE CITY OF BLUEFIELD, MERCER COUNTY, WEST VIRGINIA, MEASURING 5.74 ACRES, AND WHICH REAL ESTATE IS MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
REMAINDER PARCEL 15: COMMENCING AT A BAR FOUND BEING THE SOUTHWEST CORNER OF PAUL C. THOMAS III AND THE NORTHERN RIGHT-OF-WAY OF ROUTE 460, SAID POINT BEING THE POINT OF BEGINNING; THENCE WITH SAID RIGHT-OF-WAY N. 88deg. 47` 30″ W., A DISTANCE OF 272.61` TO A REBAR FOUND A COMMON CORNER TO CROW; THENCE WITH THE EASTERN LINE OF CROW N. 20deg. 12` 37″ W., A DISTANCE OF 189.63` TO A BAR FOUND; THENCE N. 18deg. 54` 00″ W., A DISTANCE OF 204.71` TO A BAR FOUND; THENCE N. 18deg. 54` 00″ W., A DISTANCE OF 80.74` TO A 5/8″ BAR SET; THENCE WITH THE FOLLOWING LINE BEING CREATED THROUGH THE PARENT PARCEL N. 78deg. 41` 57″ E., A DISTANCE OF 439.14` TO A 5/8″ BAR SET; THENCE N. 28deg. 38` 04″ W., A DISTANCE OF 652.85` TO A 5/8″ BAR SET IN THE SOUTHERN RIGHT-OF-WAY OF CUMBERLAND ROAD/FINCASTLE TURNPIKE; THENCE WITH SAID RIGHT-OF-WAY N. 58deg. 12` 50″ E., A DISTANCE OF 35.05` TO A RAILROAD SPIKE FOUND COMMON CORNER TO BOARD OF EDUCATION PROPERTY; THENCE WITH THE WESTERN LINE OF SAID PROPERTY S. 28deg. 38` 04″ E., A DISTANCE OF 656.16` TO A BAR FOUND; THENCE N. 47deg. 47` 44″ E., A DISTANCE OF 18.95` TO A SPIKE FOUND TO A COMMON CORNER TO WV DEPARTMENT OF HIGHWAYS PROPERTY; THENCE WITH THE WESTERN LINE OF SAID PROPERTY S. 34deg. 25` 10″ E., A DISTANCE OF 362.52` TO A BAR FOUND; THENCE CONTINUING S. 34deg. 25` 10″ E. ALONG SAID LINE, A DISTANCE OF 33.10` TO A 5/8″ BAR SET; THENCE WITH THE FOLLOWING LINES BEING CREATED THROUGH THE PARENT PARCEL S. 58deg. 28` 37″ W., A DISTANCE OF 59.73` TO A 5/8″ BAR SET; THENCE N. 31deg. 18` 52″ W., A DISTANCE OF 37.33` TO A 5/8″ BAR SET; THENCE S. 62deg. 41` 27″ W., A DISTANCE OF 18.50` TO A RAILROAD SPIKE SET; THENCE N. 31deg. 33` 00″ W., A DISTANCE OF 20.00` TO A RAILROAD SPIKE SET; THENCE S. 62deg. 38` 55″ W., A DISTANCE OF 100.19′ TO A 5/8″ BAR SET; THENCE S. 60deg. 02` 10″ W., A DISTANCE OF 24.56` TO A 5/8″ BAR SET; THENCE N. 48deg. 00` 37″ W., A DISTANCE OF 40.00` TO A 5/8″ BAR SET; THENCE S. 68deg. 11` 31″ W., A DISTANCE OF 46.34` TO A 5/8″ BAR SET; THENCE S. 25deg. 41` 43″ W., A DISTANCE OF 100.70` POST; THENCE S. 26deg. 09` 12” E., A DISTANCE OF 124.19` TO THE POINT OF BEGINNING, CONTAINING 5.74 ACRES, MORE OR LESS, AS SURVEYED BY RANDY GOODRICH OF GOODRICH SURVEYING AND SHOWN ON A PLAT TITLED “PLAT OF SURVEY SHOWING THE DIVISION OF PARCEL 15 TAX MAP 52 THE CITY OF BLUEFIELD, MERCER COUNTY, WEST VIRGINIA,” MOST RECENTLY REVISED 6/19/19, AND WHICH SURVEY IS OF RECORD IN SAID CLERK`S OFFICE AS MICROFILM PLAT NO.
THIS CONVEYANCE IS EXPRESSLY MADE SUBJECT TO ALL COVENANTS, RESTRICTIONS, RESERVATIONS, CONDITIONS, EASEMENTS AND RIGHTS-OF-WAY OF RECORD.
AND BEING THE SAME REAL ESTATE CONVEYED UNTO THE PARTIES OF THE FIRST PART HEREIN BY DEED DATED THE 4TH DAY OF JANUARY, 2019, FROM PAUL C. THOMAS, III, ET AL, WHICH DEED IS INTENDED TO BE RECORDED SIMULTANEOUSLY HEREWITH.
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 Mercer 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 ($2,500.00), 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 $29000.00 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, PC, counsel for Terra Abstract Trustee West Virginia, Inc.” 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: 615799