TRUSTEES’ SALE OF
VALUABLE REAL ESTATE
120 Lively Street,
Beckley, WV 25801
In a Deed of Trust dated March 1, 2005, and duly recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed of Trust Book 5017, at page 0548 Ronald E. Young and Tammy C. Young did convey unto R. Vance Golden III, 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, Raleigh County Courthouse, Beckley, WV 25801 on:
April 2, 2025
At 11:00 AM
The property for sale as described by the Deed of Trust is as follows:
Parcel One:
Beginning at a stake 215 feet distant from a stake in the line of Lot No. 48 of the Oakley Heights Addition to the City of Beckley, Town District, Raleigh County, West Virginia and which said latter stake is North 69° 05’ W. 10 feet distant from the common corner of Lots Nos. 47 and 48 of said addition which fronts on a 30 foot street as shown on a map of said addition of record in the Office of the Clerk of the County Court of Raleigh County, West Virginia in Map Book No. 3 at page 38F; thence South 20° 55’ West parallel to and 10 feet distant from the common line between Lots Nos. 47 and 48 of said addition 75 feet to a stake; thence running back to Lively Street approximately 90 feet or less to a stake in a common line of Lots No. 48 and 49 of said addition and which said stake is 290 feet from the common corner of said lots which fronts on a 30 foot road as shown on the map aforesaid; thence running along and with the common line between Lots No. 48 and 49 of said Addition North 18° 30’ East 75 feet to a stake in said line which said stake is 215 feet from the common corner between Lots No. 48 and 49 of said Addition which fronts on a 30 foot road as aforesaid; thence leaving the common line between Lots No. 48 and 49 and running through Lot No. 48 of said Addition in a Southeast direction to the point of beginning and being a part of Lot No. 48 of said addition.
Tax ID #20A-00460000
There is Excepted and Reserved, from Parcel One, that certain tract conveyed by Alda Myrtle Hatcher, single to Mabel Fealelle, by deed dated August 2, 1973, recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Deed Book 530, at page 534.
Parcel Two:
Beginning at the common corner between Lots No. 48 and 49 on line of Lot No. 50 of the Oakley Heights Addition, of Town District, Raleigh County, West Virginia, as shown on the map of said Addition of record in the Office of the Clerk of the County Court of Raleigh County, West Virginia, in Map Book No. 3, at page 38F; thence along and with the common line between Lots No. 48 and 49 of said addition N. 18° 30’ E. 225 feet to a stake; thence through Lot No. 49, N. 69° 05’ W. to a stake in the line of said lot in a road right of way; thence with the line of said Lot No. 49 running along the said road right of way S. 13° 13’ E. 240 feet, more or less, to a stake; thence S. 69° 05’ E. 42.6 feet to the point of beginning.
Tax ID #20A-00430000
There is Excepted and Reserved from Parcel Two the following tracts, to-wit; by deed dated September 5, 1968, to William D. Price, et al, recorded in the foresaid Clerk’s Office in Deed Book 470, at page 445; by deed dated August 2, 1973, to Harold Ball, et ux, recorded in the aforesaid Clerk`s Office in Deed Book 530, at Page 533; and by deed dated August 2, 1973, to William D. Price, et ux, recorded in the aforesaid Clerk`s Office in Deed Book 530, at Page 534.
Parcel Three:
Beginning at a point on Lively Street, the same being S. 20° 55` W. 290 feet from the intersection of Lively Street and Oakley Road; thence with Lively Street S. 20° 55` W. 20.0 feet; thence leaving Lively Street N. 69° 05` W. 77.0 feet; thence N. 18° 30` E. 20 feet, more or less; thence S. 69° 05` E. 77.5 feet to the point and place of beginning, and being the tract shown as No. 45.1 on map attached to an Inter Partes Deed, dated August 2, 1973, from William D. Price, et. al, to Alda Myrtle Hatcher, to which map reference is hereby made.
Tax ID #20A-00450001
The improvements thereon being known as 120 Lively Street, Beckley, WV 25801
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 $7000 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.
1581 Main Street, Suite 200
The Shops at Valley Square
Warrington, PA 18976
(215) 572-8111,
Fax: (215) 572-5025
www.sterneisenberg.com
ID: 852905