TRUSTEES’ SALE OF
VALUABLE REAL ESTATE
134 Skelton Lane,
Shady Spring, WV 25918
In a Deed of Trust dated December 3, 2004, and duly recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed of Trust Book 5015, at page 9315 Lora Skelton and John R Skelton did convey unto Richard A. Pill, 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:
October 5, 2022
At 12:30 PM
The property for sale as described by the Deed of Trust is as follows:
THAT CERTAIN PARCEL OF LAND LOCATED AT SHADY SPRING, IN THE SHADY SPRING DISTRICT OF RALEIGH COUNTY, WEST VIRGINIA, BEING A PART OF THE SAME PARCELS OF LAND CONVEYED TO BIG BEAR SPORTING GOODS, INC. BY DEEDS RECORDED IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF RALEIGH COUNTY, WEST VIRGINIA, IN BOOK 5003, AT PAGE 5532, AND BOOK 5012, AT PAGE 608. SAID PARCEL SITUATED ALONG THE SOUTHERN RIGHT OF WAY OF MEADOR AVENUE, ABOVE THE WATERS OF LITTLE BEAVER CREEK, AND BEING BOUNDED AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT REBAR (FOUND), ALONG THE SOUTHERN RIGHT OF WAY OF MEADOR AVENUE, BEING A COMMON CORNER OF THE BIG BEAR SPORTING GOODS, INC., (5003-5532) PARCEL OF LAND AND THE JOHN D. & CATHY L. SKELTON (5005-9425) PARCEL OF LAND; THENCE LEAVING THE RIGHT OF WAY OF MEADOR AVENUE, AND THE BOUNDARY LINE OF THE JOHN D. & CATHY L. SKELTON (5005-9424 & 5005-9425) PARCELS OF LAND, THREE (3) COURSES AND DISTANCES; S. 01 DEGREES 00` 15″ W. 95.00` (PASSING A CORNER OF THE SKELTON`S FIRST PARCEL AT 45.00`), TO A REBAR (FOUND), AT A POND; THENCE CONTINUING WITH THE SKELTON BOUNDARY LINE; S. 66 DEGREES 36` 08″ E. 90.00` TO A REBAR (FOUND); THENCE, S. 76 DEGREES 03` 45″ E. 95.00` TO A REBAR (FOUND), BEING A COMMON CORNER OF THE JOHN D. & CATHY L. SKELTON PARCEL OF LAND AND THE BIG BEAR SPORTING GOODS, INC. PARCEL OF LAND; THENCE WITH FIVE (5) NEW LINES THROUGH THE BIG BEAR SPORTING GOODS, INC., PARCEL OF LAND, S. 00 DEGREES 00` 00″ W. (DUE SOUTH), 99.33` TO A REBAR (SET) A NEW CORNER; THENCE, N. 88 DEGREES 59` 45″ W. 106.94` TO A REBAR (SET), A NEW CORNER; THENCE N. 01 DEGREES 00` 15″ E. 104.64` TO A REBAR (SET); THENCE N. 66 DEGREES 36` 08″ W. 98.00` TO A REBAR (SET); THENCE N. 01 DEGREES 00` 15″ E. 106.71` TO A REBAR (SET), A NEW CORNER AT THE RIGHT OF WAY OF MEADOW AVENUE; THENCE WITH THE RIGHT OF WAY OF MEADOR AVENUE; N. 86 DEGREES 11` 15″ E. 207.7` TO THE POINT OF BEGINNING, CONTAINING 0.359 ACRES, MORE OR LESS. SAID PARCEL BEING DESCRIBED BEING LISTED IN THE SHADY SPRING DISTRICT, TAX MAP NO. 2003, AS PART OF TAX PARCELS NO. 37 & 38.3; AND BEING THE SAME PROPERTY CONVEYED TO JOHN R. SKELTON AND LORA SKELTON BY A DEED DATED THE 3″` DAY OF DECEMBER, 2004 AND TO BE RECORDED CONTEMPORANEOUSLY HEREWITH.
INCLUDED WITH THE 0.359 ACRE PARCEL OF LAND DESCRIBED ABOVE, IS A LIMITED SPECIFIC EASEMENT, BEING A 14` INGRESS/EGRESS ACRES EASEMENT FROM U. S. ROUTE NO. 19/21 (RITTER DRIVE) THROUGH THE BIG BEAR SPORTING GOODS, INC., PARCEL OF LAND AND THE JOHN D. & CATHY SKELTON PARCEL OF LAND. BEING MORE PARTICULARLY SHOWN ON A MAP OR PLAT ATTACHED HERETO ENTITLED, “MAP SHOWING PROPOSED PARTITION PREPARED FOR BIG BEAR SPORTING GOODS, INC, BEING A TRACT OF LAND CONTAINING 4.584 ACRES, LOCATED ALONG U. S. ROUTE 19/21, AT SHADY SPRING, SHADY SPRING DISTRICT, RALEIGH COUNTY, WEST VIRGINIA, ESI, INC., 119 APPALACHIAN DRIVE, BECKLEY, WV 25801, PHONE: (304) 255-5296, FAX: (304) 252-6077
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 ($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 $5,000.00 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