NOTICE OF TRUSTEE’S SALE
In execution of the deed of trust, dated September 18, 2010, from Jeffery A. Mitchell to Gary R. Mills and Stephen M. Feola, as trustees, of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Book 5040, at page 9902, the undersigned trustee will offer for sale at public auction on March 14, 2023, at 11:15 a.m., at the Main Street entrance of the Raleigh County Courthouse, 215 Main Street, Beckley, West Virginia, the surface of that certain tract or parcel of land situate in Shady Spring District, Raleigh County, West Virginia, and more particularly bounded and described as follows:
BEGINNING at a point in the northerly line of David Foley, (see DB 633, PG 791) 2.25 acre lot, said point being S. 74 degrees 30′ W. 207.50 feet from the center of a private drive easement now known as Mountain Breeze Drive; thence running with the northerly line of David Foley lot S. 74 degrees 30′ W. 207.50 feet to a point; thence leaving David Foley lot and running N. 15 degrees 30′ W. 210.00 feet to a point, said point being in the southerly right of way of the herebefore mentioned Mountain Breeze Drive; thence running with Mountain Breeze Drive southerly right of way, N. 74 degrees 30′ E. 207.50 feet to a point; thence leaving said Mountain Breeze Drive and making a new property line by running through and across Harry and Kay Deakins 2.0 acre lot S. 15 degrees 30′ E. 210.00 feet to the place of beginning, containing 1.00 acre as designated as Lot A having 1.00 acre as shown on that plat entitled “MORTGAGE LOAN INSPECTION PLAT SHOWING LOT A AND LOT B BEING ON MOUNTAIN BREEZE DRIVE IN COMMUNITY OF COOL RIDGE SITUATE IN SHADY SPRINGS DIST., RALEIGH CO., WV FOR HARRY E. DEAKINS AND KAY F. DEAKINS”, as prepared by M.E. Mayes, P. E. dated July 22, 1997.
And being the same property conveyed unto Jeffery Mitchell by deed dated the 2nd day of April, 2002, which deed is recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Book 5006, at page 9118.
This conveyance is subject to all reservations, exceptions, limitations, restrictions, and conditions contained in all former conveyances of said property or any part thereof, excepting those pertaining to race, color, or creed.
The deed of trust states that the address of this real estate is commonly known as 283 Mount Breeze Drive, Cool Ridge, West Virginia 25825.
J. Peter Richardson was appointed substitute trustee by the APPOINTMENT OF SUBSTITUTE TRUSTEE, dated January 31, 2023, of record in said Clerk’s Office in Book 5078, at page 9228.
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 matters of record, mechanics’ and materialmen’s liens, if any, whether of record or not of record, and unpaid real estate taxes, 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 deed without any warranty, expressed or implied. 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: February 14, 2023.
J. Peter Richardson, as trustee
Post Office Box 1778
Bluefield, West Virginia 24701
(304) 327-7158
ID: 681664