TRUSTEES’ SALE OF VALUABLE REAL ESTATE 255 Maple Lane Mount Hope, WV 25880 The undersigned Trustees, by virtue of the authority vested in them by that certain deed of trust dated May 1, 2007, and duly recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed of Trust Book 5026, at page 7669, Amy Dawn Deal and Dayton D. Deal did convey unto Carl W. Roop, Trustee, certain real property described in said deed of trust; and the beneficiary 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; and default having been made under the aforementioned deed of trust and the undersigned Trustees, having been instructed by the secured party to foreclose thereunder, will offer for sale at public auction at the front door of the Raleigh County Courthouse, 215 Main Street, Beckley, West Virginia 25801 on: September 19, 2016 at 10:30 a.m. Deed I: 5024/2610 A tract or parcel of land being a part of Lot 7 of the Subdivision of Tract No. 1, James Bailey Farm, situated at Bradley, Town District, Raleigh County, West Virginia, and being more particularly described as follows: Beginning at a 5/8 inch rebar with a plastic cap set, on line of Lot NO. 26, said rebar being the common corner of Lots 6 and 7, thence with the common of line between Lots 7 and 26 N 04 f; E 50.00 feet 5/8 inch rebar with a plastic cap, set, said rebar being a common corner of Lots 7 and 8, thence leaving Lot 26 and with the common of line between Lots 7 and 8 S 85 f; 56′ E 137.89 feet to a 5/8 inch rebar with a plastic cap, set; thence leaving Lot 8 and with new lines running thru Lot 7 the following two (2) calls; S 05 f; 01′ W 12.04 feet to a 5/8 inch rebar with a plastic cap, set; S 46 f; 28′ E 59.74 feet to a 5/8 inch rebar with a plastic cap, set on line Lot 6; thence with the common line between Lots 6 and 7 N 85 f; 56′ W 183.81 feet to the point of beginning and containing 7,761 square feet (0.178 acres), more or less as surveyed by Eastern Surveying, Inc. and shown on a plat attached hereto and made a part of this description. This deed is made and accepted subject to that certain lease, leasing the Sewell seam of coal to Price Hill Colliery Company, a corporation, by Illa Cook, et als, dated on the 2nd day of January, 1930, and of record in the said Clerk`s Office in Lease Book No. 5, at page 71. And there is further reserved from the operation of this deed all the mineral and mineral substances, underlying the tract of land herein conveyed with the right to remove same by the said Grantor or its successors or grantees, and the said Grantor, or its successors or grantees shall not be liable to the said Grantee or his heirs or assigns for any damage to the surface of the property herein conveyed as a result of the removal of said mineral or mineral substances. This deed is made and accepted subject to all reservations, exceptions, limitations, restrictions, and conditions contained in all former conveyances of said property or any part thereof, except those pertaining to race, color or creed. Deed II: Book 5009 Page 7304 All that lot of ground situate in Raleigh County, West Virginia and described as follows, that is to say: Tract One: Designated as Lot No. 5, on a map styles “subdivision of Tract No. 1, James Bailey Farm, Beckley-Mt. Hope Highway, Town District, Raleigh County, West Virginia, Scale 1″-50′, Homestakers Land and Building Co., owner, P.H. Wilson – Eng., February 14, 1930”, a copy of which map is filed in the Office of the Clerk of the County Court of Raleigh County, West Virginia, and to which map reference is hereby made for a more particular description of the lot herein conveyed. Tract One was conveyed to Willis Stover by Deed dated February 8th, 1939, recorded in Deed Book 157, Page 423 and is subject to the restrictions and reservations contained therein. Tract Two: Designated as Lot No. 6, on a map styles, “subdivision of Tract No. 1, James Bailey Farm, Beckley-Mt. Hope Highway, Town District, Raleigh County, West Virginia, Scale 1″-50′, Homestakers Land and Building Co., owner, P.H. Wilson – Eng., February 14, 1930” a copy of which is filed in the Office of the Clerk of the County Court of Raleigh County, West Virginia, and to which map reference is hereby made for a more particular description of the lot herein conveyed. Tract One was conveyed to Willis Stover and Dorothy Stover by Deed dated April 3rd, 1943, recorded in Deed Book 189, Page 272 and is subject to the restrictions and reservations contained therein. Together with the buildings and improvements thereon erected, made or being; and all and every, the rights, alleys, ways, waters, privileges, appurtenances and advantages thereto belonging, or in anywise appertaining. Subject to all easements, restrictions and covenants of record if any. The aforesaid property is SUBJECT TO any and all easements, rights-of-way, conditions, covenants and restrictions of record or in existence. The sale of the foregoing real property will be made subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real estate, subject to all matters disclosed by an examination and inspection of the property, subject to any and all unpaid taxes as recorded against said property, and to any further matters announced at said sale. The property is sold subject to an accurate survey at purchaser’s expense. The sale of the foregoing real property will also be made expressly subject to any and all other deeds of trust, judgments, liens, and all other encumbrances of any nature whatsoever, if any, having priority over the deed of trust referred to herein. The Trustees reserve the right to adjourn the sale, for a time, or from time to time, without further notice, by announcement at the time and place of sale describe above or any adjournment thereof. The Trustees reserve the right to reject any and all bids. The subject property will be sold in “AS IS” condition. The Trustees shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. The Trustees will deliver a trustees’ deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by West Virginia Code c38-1-6. 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: $9,000.00 cash in hand at the time of sale in the form of a certified check or cashier’s check made payable to “Terra Abstract Trustee West Virginia Inc.,” and the balance in cash closing 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. 55 Meridian Parkway Suite 108 Martinsburg, WV 25404 304-757-7956 443-815-3931 www. sterneisenberg.com 9-13-TUE-2-RH; 4469
