NOTICE OF TRUSTEE’S SALE
NOTICE is hereby given that default having been made under the terms of a Deed of Trust dated November 19, 2010, and of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Trust Deed Book 5041, at page 6445, executed by Mary F. Workman to Alan R. Terry and Carl W. Roop, Trustees, securing Pioneer Community Bank, which was given to secure the payment of the note therein described, and demand having been made upon the undersigned so to do, the undersigned Trustee, Carl W. Roop will, on the 7th day of September, 2018, at the front door of the Raleigh County Courthouse, in the City of Beckley, West Virginia, at 9:00 a.m., sell the property hereinafter described, which property was conveyed in said Deed of Trust, and being more particularly described as follows:
The surface of a certain lot or parcel of land situate in Shady Spring District, Raleigh County, West Virginia, more particularly bounded and described as follows:
BEGINNING at a point in the southern line of Pinewood Drive, said point being N. 84deg. 36′ 06″ W. 400 feet from the northwest corner of the Clarkson lot; thence N. 84deg. 36′ 06″ W. with Pinewood Drive 307.34 feet to a point; thence N. 88deg. 18′ W. 161.32 feet to a point thence leaving Pinewood Drive S. 64deg. 40′ E. 243.09 feet to a point; thence S. 51deg. 05′ E. 107.57 feet to a point; thence S. 57deg. 53′ E 23.49 feet to a point; thence N. 84deg. 36′ 06″ E. 129.14 feet to a point; thence N. 5deg. 23′ 54″ E. 163.25 to the beginning, containing 1.07 acres, more or less.
And being the same property conveyed to Earthel O. Workman, Jr. and Mary K. Workman, by Deed dated the 19th day of June, 1984, from Edward Canterbury and Jerry Lee Canterbury, which said Deed is of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Book 685, at page 252.
The following protective covenants are hereby imposed upon the real estate conveyed and are to run with the land and shall be binding upon all parties and all persons claiming by judgement or court order shall in no other provisions which shall remain in full force and effect.
(1) No multiple unit dwelling or duplex shall be constructed on said lot or parcel of land.
(2) Any house constructed on said lot shall consist of not less than one thousand (1,000) square feet of living area. The exterior of any residence shall be completed within six (6) months of commencement of construction.
(3) Each resident shall have at least a twenty foot (20′) set back line from front line of property.
(4) No noxious or offensive trade or activity shall be carried on upon said lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood, including, but not limited to, the parking of dismantled vehicles and unreasonably loud mufflers. Further, no business of any kind shall be conducted or carried on, in or from any residence located on said lot.
(5) No basement, tent, shack, garage, barn or other out-building erected on said lot shall at any time be used as a residence temporarily, or permanently, nor shall any structure of a temporary character be used as a residence.
(6) No modular dwelling shall be erected on said lot unless said modular dwelling shall have more than 1000 square feet.
(7) There shall be no on-street parking.
(8) Any residence constructed or placed on said lot shall have a driveway which shall accommodate two (2) automobiles or residential vehicles.
(9) The Grantees, their heirs and assigns, shall provide adequate and sanitary means for the disposal of human excrement and proper places for disposing of human excrement shall be constructed on the property herein conveyed. If the Grantees, their heirs and assigns, shall at any time cause an attachment to be made to a properly constructed sewer serving the area, this shall be deemed to be a compliance with this covenant.
(10) Grantees agree to pay, on or before the 10th of each month, the assessment for water service to the property; thereafter there shall be a $3.00 late charge added to such bill. If such charge for water remains unpaid for 30 days water service will be discontinued until all charges, including late charges are paid. The current rate at the time of execution hereof is $15.00 and is subject to change.
There is hereby further RESERVED unto the Grantors, their heirs and assigns, the right to lay down, construct, repair and maintain at any time sewer and storm mains, water drains, gas mains, telephone and electric transmission lines, TV cables and other public utilities in and upon the described property, but the location and construction of such facilities in and upon the above described property shall not interfere with any building thereon, or any buildings to be constructed thereon. Public utilities can be no more than ten (10) feet from any property line.
Said property will be sold upon the following terms and conditions:
1. Cash in hand on day of sale.
2. The property will be conveyed in an “AS IS” condition by Deed containing Special Warranty of Title, subject to the Internal Revenue Service right of redemption, all property taxes, prior Deeds, validly enforceable prior liens, reservations, encumbrances, restrictions, right-of-ways, easements, covenants, conveyances and conditions of record in the Clerk’s office or affecting the subject property.
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, or remove any personal property and/or belongings remaining at the property.
6. The purchaser(s) at the sale shall be responsible for paying the recording costs and also the tax on the privilege of transferring real property.
7. In the event there are Federal Tax Liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer.
CARL W. ROOP, TRUSTEE
8-14-TUE-2-RH; LG
ID: 127481