TRUSTEES’ SALE OF
VALUABLE REAL ESTATE
379 Parrot Head Rd,
Pineville, WV 24874
In a Deed of Trust dated November 26, 2008, and duly recorded in the Office of the Clerk of the County Commission of Wyoming County, West Virginia, in Deed of Trust Book 251, at page 848 Mary Cathryn Mitchell, a single woman, Freddie Garrett, and Carol Garrett, husband and wife, and did convey unto Douglas McElwee, 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 Wyoming County Courthouse, Main Avenue, Pineville, West Virginia 24874 on:
October 18, 2022
At 12:00 PM
The property for sale as described by the Deed of Trust is as follows:
All of the rights, privileges, easements and appurtenances thereunto belonging, situate, lying and being on Byrd Mountain, in Center District, Wyoming County, West Virginia, and being more particularly bounded and described as follows, to-wit:
Parcel No. One:
Beginning at a point in the center of a 20 foot roadway, the same being located N 61deg.07` W and 82.2 feet from a certain double chestnut stump, and being the northeast corner of lands hereby conveyed; thence down hill and passing through a 1/2 inch pipe line marker S 11deg. 06` E 268.7 feet to a large oak tree, the southeast corner of lands hereby conveyed; thence across a slope S 83deg. 42` W 204.1 feet to a large oak tree on a point; thence continuing across a slope N 49deg. 30` W 178 feet to a large oak tree near a small drain; thence uphill following the drain and passing through a 1/2 inch pipe line marker N 22deg. 23` E 274.9 feet to the center of the aforementioned 20 foot roadway; thence along the center of said roadway S 50deg. 03` E 70.4 feet to the point of beginning, and containing 2 acres, be it more or less.
Parcel No. Two:
Beginning at a 1/2″ pipe, a line stake on a 2 acre tract heretofore conveyed to Richard L. Huffman and Peggy Huffman; thence in a straight line to a double chestnut; thence Southeast 77deg. 29 00` East to a stake and southwest corner of James C. Lyons and Doreen Lyons 7 acre tract, more or less, heretofore purchased from WHB, Inc.; thence with southerly drain to the Rolling Hills road; thence with the Rolling Hills road to a point directly below and south of the western boundary line of Richard L. Huffman and Peggy Huffman 2 acre tract; thence with the drain to a point in the western boundary of the Richard L. Huffman and Peggy Huffman 2 acre tract, estimated to contain 2 acres, more or less, more particularly described by a survey entitled “Survey Description of 9.77 Acre Tract conveyed to Richard Huffman by James C. Lyons”, as follows:
Beginning on a tract in the North edge of the pavement of the Rolling Hills road (numbered 168R on attached map), said tract being in the interior of James C. Lyons 35 Acre Tract and being a common corner of the Robert J. Hagaman 2.00 Acre Tract and the subject tract; thence leaving said road and with the division line between the Robert J. Hagaman 2.00 Acre Tract and the subject tract,
N. 08deg. 26 W. 646.63 ft. to 1/2″ pipe (found) (numbered 1005A on attached map) a corner of the subject tract, the Richard L. Huffman 2.00 Acre Tract, and the Robert J. Hagaman 2.00 Acre Tract;
thence leaving the line of the Hagaman 2.00 Acre Tract and with the lines of the Richard L. Huffman 2.00 Acre Tract,
S. 49deg. 06 E. 178.00 R. to a large oak tree (numbered A8 on attached map) a corner of the Richard L. Huffman 2.00 Acre Tract and the subject Tract; thence,
N. 84deg. 06 E 204.10 ft. to a large oak tree (numbered A7 on attached map) a corner of the Richard L. Huffman 2.00 Acre Tract and the subject tract; thence,
N. 10deg. 42 W. 172.92 ft. to a 3/8″ iron pin (set) (numbered A6 on attached map) for a corner of subject tract in the Eastern line of the Richard L. Huffman 2.00 Acre Tract, said 3/8″ iron pin also being in the line of the James C. Lyons 35 Acre Tract; thence with said line of the James C. Lyons 35 Acre Tract,
S. 75deg. 46 W. 143.44 ft. to a double chestnut (down) a corner to the subject tract and being a corner on the line of the James C. Lyons 35 Acre Tract; thence,
N. 76deg. 16 E. 256.46 ft. to an “X” on a large rock (set) (numbered 174R on attached map) in center of drain, said rock being a corner of the subject tract and also being in the line of the James C. Lyons 35 Acre Tract; thence in to the James C. Lyons 35 Acre Tract and down the center of the drain,
S. 35deg. 37 E. 121.07 ft. to a roof bolt (set) (numbered 135R on attached map) for a corner in the center of the drain; thence continuing down the center of the drain,
S. 26deg. 21 E 118.64 ft. to a roof bolt (set) (numbered 136R on attached map) for a corner in the center of the drain; thence continuing down the center of the drain,
S. 23deg. 51 E. 148.46 ft. to a tract in the root of an 8″ birch tree (set) (numbered 137R on attached map) for a corner in the center of the drain; thence continuing down the center of the drain,
S. 15deg. 42 E. 53.77 ft. to a tack (set) in the Northern edge of the pavement of the Rolling Hills road (numbered 173R on attached map) set for a corner; thence with Rolling Hills road on a chord,
S. 45deg. 42 W. 110.21 ft. to a tack (set) in the Northern edge of the pavement, (numbered 172R on attached map); thence continuing with Rolling Hills road on a chord,
S. 36deg. 37 W. 139.73 ft. to a tack (set) in the Northern edge of the pavement (numbered 171R on attached map); thence continuing with the Rolling Hills road on a chord,
S. 73deg. 04 W. 326.90 ft. to a spike (set) (numbered 140R on attached map); thence continuing with the Rolling Hills road on a chord,
S. 64deg. 15 W. 153.89 ft. to a tack (set) in the Northern edge of the pavement (numbered 170R on attached map); thence continuing with the Rolling Hills road on a chord,
S. 74deg. 14 W. 157.18 ft. to a spike (set) (numbered 148R on attached map); thence continuing with the Rolling Hills road on a chord,
S. 53deg. 24 W. 39.58 ft. to the place of beginning, containing 9.77 acres as shown on a map attached hereto and made part hereof “Titled” Plat of survey showing 9.77 and 2.00 Acre Tracts, situated on the waters of Bearhole Fork of Rockcastle Creek of the Guyandotte River, Center District, Wyoming County, West Virginia, Scale: 1″ = 200` dated: June 10, 1985.
Parcel No. Three:
Being that certain 9.99 acre surface tract situate on Byrd Mountain, Center District,
Wyoming County, West Virginia. Charged as 4.54 acre, Map File 117, Parcel 5.7.
Parcel No. Four:
Being the surface only of that certain 0.32 acre tract situate on the waters of Bearhole fork of Rockcastle Creek of the Guyandotte River, Center District, Wyoming County, West Virginia.
Tax ID: 7044; 7045; 7046; 7047
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 Wyoming 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 $20,000.00 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