Legal 6 col x 8-1/2”
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NOTICE OF SALE UNDER DEED OF TRUST
Under authority of a certain Deed of Trust from Greenbrier River Retreat LLC, dated the 27th day of February, 2009 and recorded in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia, in Book 646 at page 412; default having been made in the payment of the obligations secured by said Deed of Trust and sale having been requested by the beneficial owner, the undersigned will offer for sale at the front door of the Courthouse of Greenbrier County, West Virginia, on Thursday, April 6, 2023 at 1:30 0’clock p.m., that certain real estate conveyed by said Deed of Trust as described on the Exhibit “A” attached hereto and made a part hereof.
And being the same property heretofore acquired by Greenbrier River Retreat LLC by Deed dated the 8ff day of June, 2007, from James Stuart Richmond and Elizabeth Richmond, husband and wife, and of record in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia in Book 514, at page 09.
TERMS OF SALE
1. The property will be sold and conveyed in an “AS IS” physical condition by Deed containing no warranty, express or implied, subject to any Internal Revenue Service right of redemption, all property taxes, prior Deeds, liens, reservations, encumbrances, restrictions, rights-of-ways, easements, covenants, conveyances, and conditions of record in the Clerk’s office or affecting the subject property.
2. The Purchaser shall be responsible for the payment of the transfer taxes imposed by the West Virginia Code §11-22-2.
3. The Beneficiary and/or the Servicer of this Deed of Trust and Note reserve the right to submit a bid for the property at sale.
4. The Trustee reserves the right to continue the sale of the subject property from time to time by written or oral proclamation, which continuance shall be in the sole discretion of the Trustee.
5. The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate the property and any personal property and/or belongings remaining at the property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY.
6. The total purchase price is payable to the Trustee by cashier’s check, cash, or the equivalent on day of sale.
7. FEDERAL TAX LIENS: IF THERE ARE FEDERAL TAX LIENS AGAINST THE SUBJECT PROPERTY AND AS A RESULT THE UNITED STATES WOULD HAVE THE RIGHT TO REDEEM THE PROPERTY WITHIN A PERIOD OF 120 DAYS FROM THE DATE OF THE SALE OR ANY OTHER PERIOD ALLOWABLE FOR REDEMPTION UNDER LOCAL LAW, WHICHEVER IS LONGER.
Given under my hand this the 7th day of March, 2023.
EXHIBIT A
DESCRIPTION OF PROPERTY
All that certain lot, tract or parcel of land, together with the buildings thereon, and the easements, rights of way and appurtenances thereunto belonging, situate and being near the Village of Fort Spring in Fort Spring District of Greenbrier County, West Virginia, and more particularly bounded and described as follows:
BEGINNING at a large beech tree by the county road north of the bridge across the Greenbrier River,
near Fort Spring; thence with the road as it meanders toward the river S 21-01 E 263 feet; S 45-40 E 182
feet; S 69-22 E 324.5 feet to a wild cherry tree on a line of Elmer Powell; thence leaving the road and
with Powell S 75-55 W 779.5 feet, more or less to the edge of the river at its north bank; thence leaving
Powell and with the river as it meanders N 36-40 W 181 feet; N 5-53 W 79-5 feet; N 12-40 E 285 feet;
N 32-25 E 196.5 feet; thence leaving the river N 86-31 E 171 feet to the beginning and containing 6
acres, more or less.
THERE IS EXCEPTED AND RESERVED, from this tract the following tract of land containing 0.88 acre, 36,660 square feet and 2.2 acres, more or less, which were excepted and reserved in deed from Ernest T. Cobb, et ux to Dede S. Richmond, dated August 14, 1969 and of record in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia in Deed Book 251 at Page 690.
And being the same real property now being conveyed unto Greenbrier River Retreat, LLC, a West Virginia limited liability company, by deed dated June 8, 2007 from James Stuart Richmond and Elizabeth Richmond, husband and wife, and of record in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia in Deed Book 514 at Page 09.
EXHIBIT A
DESCRIPTION OF PROPERTY
All that certain lot, tract or parcel of land, together with the buildings thereon, and the easements, rights of way and appurtenances thereunto belonging, situate and being near the Village Fort Spring in Fort Spring District of Greenbrier County, West Virginia, and more particularly bounded and described as follows:
Property One:
BEGINNING at a large beech tree by the old County Road north of the bridge across the Greenbrier River near Fort Spring; thence with the road as it meanders towards the river S 8-5E 122 feet to a beech tree at the edge of said road; thence S 52-30 W 86 feet to an iron pin; thence S 86-31 W 229 feet to the Greenbrier River; thence with said river N 12-40 E 9 feet; thence N 32-25 E 196.5 feet; thence leaving the river N 86-31 E 171 feet to the point of beginning and containing 0.88 acre, more or less. There is excepted and reserved from the lot that certain parcel of real estate containing 3,420 square feet, more or less which was conveyed by Ken Barnett and wife to the State of West Virginia, by the State Road Commission of West Virginia by Deed dated July 1 7, 1957 of record in the Clerk’s Office in Deed Book 200 at Page 325.
Property Two:
Situate and being near the Village of Fort Spring in Fort Spring District of Greenbrier County, West Virginia, and being 30 feet by 315 feet, more or less, and being the northern 30 feet of the property owned by Dede S. Richmond as shown by deed dated August 14, 1969 of record in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia in Deed Book 251 at Page 690, and being parallel and adjacent to the property presently owned by Mary Ruth Richmond as shown by deed dated August 13, 1962 of record in the aforesaid Clerk’s Office in Deed Book 217 at Page 470.
And being the same property conveyed unto Greenbrier River Retreat, LLC, a West Virginia limited liability company, by deed dated June 22, 2007 from D. Douglas Sams and Bernetta Sams, husband and wife, and of record in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia in Deed Book 514 at Page 03.
EXHIBIT A
DESCRIPTION OF PROPERTY
All those certain lots, tracts or parcels of land together with the buildings and improvements thereon, easements, rights of way, and the appurtenances thereunto belonging situate in Fort Spring District, Greenbrier County, West Virginia and more particularly bounded and described as follows:
TRACT ONE: all of the following tract or parcel of land together with the improvements thereon and appurtenances thereunto belonging, situate in Fort Spring District, Greenbrier County, West Virginia, and more particularly bounded and described as follows:
Beginning at a Sugar Maple on the east bank of the Greenbrier River, said Maple being the southwest corner of the P. K. Burdette Restaurant Property; thence N 77-12’ E 213.00 feet leaving the river and crossing the State Road with the line of the P. K. Burdette Property in part (180 feet to be exact) to a stake by a large elm on the side of the hill; thence S 22-05’ E 167.5 feet to a stake on the side of the hill in line with the Wickline Property fence; thence S 83-14’ W 242.0 feet with the Wickline Property fence in part, crossing the State Road at 195 feet and continuing on a point on the East Bank of the Greenbrier River; thence N 12-25’ W 140.0 feet with the East Bank of the Greenbrier River to the point of beginning, containing 0.70 acres, State Road Property excluded: and being the same property conveyed to the parties of the first part by deed dated the 1st day of September, 1959, from Minnie L. Hatcher (Widow), Thomas Hatcher and Nora Hatcher, his wife, and of record, in the Office of the Clerk of the County Court of Greenbrier County, West Virginia in Deed Book 207, at page 346, to which reference is hereby for a more particular description of the property hereby conveyed.
There is, however, RESERVED and not hereby conveyed in the above survey, that certain lot or parcel of land containing 2000 square feet, more or less, which conveyed to Paul S. Carlisle by Leroy C. Tuck and wife by deed dated the 8th day of May 1954, and of record in the Office of the Clerk of the County Court of Greenbrier County, West Virginia, in Deed Book 188, at page 267.
There is, however, RESERVED and not hereby conveyed is all of the following tract or parcel of land together with the improvements thereon and appurtenances thereunto belonging, situate in Fort Spring District, Greenbrier County, West Virginia, and more particularly bounded and described as follows:
BEGINNING at a 5/8” rebar, set, on the easterly right-of-way line of West Virginia Route 43, 15 feet from the centerline thereof, on a line of Elizabeth Burdette (DB 225, Pg 409), the parent tract of which this description is a part, from which S. 68 E. 14 feet bears power pole #D 2211, thence with said right-of-way line; N. 09 IS’ 12” W., 38.77 feet to a point on said right-of-way line, 15 feet from the centerline thereof, on a line of Randy Burdette (DB 428, Pg 919), from which S. 79 51’ 30” W., 30.00 feet bears a 5/8” rebar, set, thence leaving said right-of-way line and with Burdette; N 79 51’ 30” E., 152.07 feet to a point, corner to Burdette and to Thomas Hatcher (DB 196, Pg 611), from which N. 33 52’ W., 96.23 feet bears a 24” Apple tree and S. 16 W. , 7.7 feet bears C & P pole #67/23, thence leaving Burdette and with Hatcher; S. 19 10’ 22” E., 36.29 feet to a 5/8” rebar, set, on the line of Hatcher, from which S. 19 10’ 22” E., 131.2 feet bears a roof bolt, found, thence leaving Hatcher and going through parent tract S. 78 48’ 06” W., 158.40 feet to the point of BEGINNING, containing 0.133 acres as surveyed in September 1998 by Rickford Walton, PS #856, Lievasy, WV.
TRACT TWO: that certain real estate located in Fort Spring District, Greenbrier County, West Virginia, and more particularly described as follows:
Containing Two Thousand (2,000) square feet situate in Fort Spring District, Greenbrier County, West Virginia, fronting fifty (50) feet on Greenbrier River, as shown on a map prepared by Rick Walton in September, 1998, as Tract 3.
And being the same property conveyed unto Dorman Doug Sams, by deed dated May 2, 2005 from James S. Richmond, et ux, and of record in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia, in Deed Book 497 at Page 810. And also being the same real property conveyed unto Dorman Doug Sams and Bemetta Sams, husband and wife, by deed dated May 19, 2005 from Dorman Doug Sams and Bernetta Sams, husband and wife and of record in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia in Deed Book 498 at Page 81. And being the same property conveyed unto Greenbrier River Retreat, LLC by deed dated June 22, 2007 from Dorman Doug Sams, et ux, and of record in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia in Deed Book 514 at Page 06.