NOTICE OF TRUSTEE’S SALE
NOTICE OF TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, WV Trustee Services, LLC, by that certain Deed of Trust dated May 7, 2012, executed by Borrower(s), Phillip J Stover, to Richard A. Pill, the Trustee of record in the office of the Clerk of the County Commission of Raleigh County, West Virginia, in Book 5047, at Page 0595. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 1940 Coal River Road, Glen Daniel, WV 25844. WV Trustee Services, LLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated July 25, 2024, of record in the Clerk’s Office. The borrower(s) defaulted under the Note and Deed of Trust and the Substitute Trustees have been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustees will sell the following described property to the highest bidder at the front door of the Courthouse of Raleigh County, in Beckley, West Virginia, on the following date:
11th day of September, 2024 at 11:15 a.m.
BEING the surface of all those certain tracts or parcels of land located on the South Branch of Sand Lick, in Trap Hill District, Raleigh County, West Virginia, and which said tracts of land are more particularly described as follows: TRACT ONE: BEGINNING at a lynn stump on the east bank of Sand Lick Creek; thence S. 645 degrees 54` E. 268 feet to a stake near the edge of a cliff; S. 79 degrees 45` E. 54 feet to a stake; N. 11 degrees 00` E. 159 feet to a stake in the division line between Lots 14 and 15 of the Rutter & Etting Survey; thence with said line N. 79 degrees 45` W. 378 feet to a stake on east edge of Sand Lick Creek; thence S. 24 degrees 25` E. 19.3 feet to the BEGINNING, containing one acre. THERE IS HEREBY EXCEPTED AND RESERVED from Tract One herein, that certain 0.5 acre tract heretofore conveyed by Cora Lewis to H.E. Stover and Vena Stover, by deed dated March 25, 1936, and of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Book No. 132, at page 139. TRACT TWO: BEGINNING at a small thorn bush on west side of Sand Lick Creek, on the east edge of the County Road; thence N. 89 degrees 33` E. 365 feet to a stone in a field S. 5 degrees 20` E. 151 feet to a stake in the division line between Lots 14 and 15 of the Rutter and Etting Survey a corner of the lot purchased from James O. Shumate; thence with said Rutter & Etting line and said Shumate lot N. 79 degrees 45` E. 417 feet to a stake on the County road on the west side of Sand Lick Creek; thence leaving said Rutter & Etting line and said Shumate lot, N. 23 degrees 35` E.79.4 feet to the BEGINNING, containing one acre. TRACT THREE: BEGINNING at the west corner of W. A. Lewis land and running up the hill 14 poles to a gate; thence in a southerly direction with a plank fence 12 poles to J.C. Shumate line; thence with said line in a southwest direction 14 poles to W.A. Lewis line; thence with W.A. Lewis line 10 poles to the BEGINNING, containing one acre, more or less. TRACT FOUR: BEGINNING at a stake in the edge of the public road, in old lot line Nos. 14 & 15; thence with and near the East edge of said road S. 00 degrees 50` W. 59.9 feet to a stake; S. 36 degrees 20` E. 102.5 feet to a stake; S. 41 degrees 55` E. 138.2 feet to a stake; S. 54 degrees 47` E. 348.2 feet to a stake on East side of said road, 21.3 feet from a cliff; thence N. 61 degrees 16` E. 21.3 feet to a stake at the edge of said cliff; thence with the edge of said cliff, N. 22 degrees 09` W. 123.6 feet to a stake; N. 35 degrees 47` W. 126 feet to a stake; N. 65 degrees 38` W. 273.6 feet to a lynn stump on East side of said creek N. 24 degrees 48` W. 108.5 feet to a stake on East bank of said creek; N. 78 degrees 53` W. 41 feet to the place of BEGINNING, containing 1.14 acres. Said tract is subject to any and all rights of way which may have been conveyed and reserved through said tract prior to this conveyance. SAID PROPERTY IS SUBJECT TO THE CONVEYANCE of that certain right of ingress and egress over a strip of land twenty (20) feet wide on which a road has been constructed, which road leads from Route 3 up the hill to that certain tract of land containing 3 acres, more or less, and which said right of ingress and egress shall also be used for the purpose of installing, repairing, and relaying utility lines to the said three acre tract, which right of ingress and egress was granted in a deed dated September 4, 1996 from Betty J. Maynor to Keith B. Maynor and Rhonda Maynor, his wife, as recorded in the Office of the Clerk of the County Court of Raleigh County, West Virginia in Book 5010 at page 2365. AND BEING the same property conveyed unto Walton D. Shepperd and Amber D. Shepperd, husband and wife, as Joint Tenants in Deed Book 5025 at Page 5071, dated January 30, 2007, and of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia.
TERMS OF SALE:
1) The property will be conveyed in an “AS IS” physical condition by Deed
containing no warranty, express or implied, subject to the 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 § 11-22-1.
3) The Beneficiary and/or the Servicer of the 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 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 said 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 within thirty (30) days
of the date of sale, with ten (10%) of the total purchase price payable to
the Trustee at sale.
WV Trustee Services, LLC, Substitute Trustee
Jim Ashley, Limited Signing Officer
WV Trustee Services, LLC
McGuire Office Center
618 Tenth Street, Suite 108
Huntington, WV 25701
(304) 853-3336
[email protected]