NOTICE OF TRUSTEE’S SALE
In execution of the deed of trust, dated May 2, 2011, from Donald R. Gardner and Nadine Gardner to Gary R. Mills and Stephen M. Feola, as trustees, of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Book 5043, at page 555, the undersigned trustee will offer for sale at public auction on October 24, 2018, at 10:00 a.m. at the Main Street entrance of the Raleigh County Courthouse, 215 Main Street, Beckley, West Virginia, the surface of that certain tract or parcel of real estate, together with the improvements thereon and the appurtenances thereunto belonging, said real estate being a part of Lot No. Sixty-Seven (67) of the New River Subdivision No. Three (3), situate in the District of Town, Raleigh County, West Virginia, and being more particularly bounded and described as follows:
BEGINNING at a set stone which lies along the northern right-of-way line of the Maple Fork Road approximately 600 feet from the intersection of said road with U.S. Route 21, said stone further being a common corner to the Maddy Tract, and Lot No. 67 of the New River Subdivision No. 3 of the Blackburn-Patteson Realty Company, as recorded in Map Book No. 8, at page 74, in the Office of the Clerk of the County Commission of Raleigh County, in Beckley, West Virginia, thence leaving the said Maddy Tract and with the said road right-of-way 17.5 feet from the present center line S. 89deg. 28′ W. 197.32 feet to a locust hub; thence leaving the road and through Lot No. 67 by a new line hereby established N. 34deg. 27′ E. 76.15 feet to a locust hub; thence N. 49deg. 05′ E. 18.75 feet to a point along the right of way of an old County Road as called for in that certain deed from the New River Company to Blackburn-Patteson Realty Company, as recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Book No. 218, at page 29, said point marking the common corner of Lot No. 67 and the Raleigh County Board of Education; thence; with the aforesaid right of way and the Board of Education, 15 feet from the center line by the six following courses and distances; N 71deg. 45′ E 44.33 to a point; N 85deg. 37′ E 43.00 feet to a point; S. 75deg. 26′ E 48.22 feet to a point; S. 73deg. 35′ E 51.80 feet to a point; S. 85deg. 46′ E. 17.33 feet to a point; S. 4deg. 05′ W. 27.40 feet to a point, a common corner to Lot No. 67, the Raleigh County Board of Education and the Maddy Tract, said point further being called for in that said deed from the New River Company to the Blackburn-Patteson Realty Company; thence leaving the Board of Education and with the said Maddy Tract S.28deg. 45′ W 44.00 feet to the point and place of BEGINNING, all as is shown more fully and as colored in yellow on that certain plat entitled “Plat Showing a portion of Lot No. 67, New River Subdivision No. 3, of the Blackburn-Patteson Realty Company to be Deeded to Mrs. Mabel Frances Howell by Mrs. Helen Huzoski”, said map being attached to a deed recorded in the aforesaid Clerk’s Office in Deed Book No. 415, at page 364.
There is EXCEPTED and RESERVED and not herein conveyed that certain 0.05 acre tract conveyed unto the West Virginia Department of Highways by the grantor herein and Van A. Bays, her husband, dated the 14th day of April, 1971, and of record in the aforesaid Clerk’s Office in Deed Book No. 501, at page 219, said strip being more particularly described as follows:
BEGINNING at a point in the existing northern right of way line of Raleigh County Road No. 1, said point being in the proposed northern non-controlled access of right of way line and 20 feet left of and at right angle to relocated Raleigh County Road No. 1, centerline Station 57 + 00, Project APD 482 (41); thence northwesterly with said existing right of way line 90 feet, more or less, to a point in the division line between Helen M. Huzaski and Mabel Frances Howell Bays, said point being 20 feet left of and at right angle to said centerline station 56 + 09; thence northeasterly with said division line 51 feet; more or less, to a point in the proposed northern non-controlled access right of way line, said point being 67 feet left of and at right angle to said centerline Station 56 + 29; thence southeasterly with said proposed northern non-controlled access right of way line 85 feet, more or less, to the place of BEGINNING, and containing 0.05 acre, more or less.
And being the same property acquired by Donald R. Gardner and Nadine Gardner, by deed dated the 2nd day of May, 2011, from James Randall Howell and Shelia Faye Green, to be recorded in the County Clerks Office of Raleigh County, prior to or simultaneously herewith.
The deed of trust states that the address of this real estate is 166 Maple Fork Road, Bradley, West Virginia 25818.
J. Peter Richardson was appointed substitute trustee by the APPOINTMENT OF SUBSTITUTE TRUSTEE, dated August 28, 2018, of record in said Clerk’s Office in Book 5068, at page 2930.
This sale will include all rights, easements, appurtenances, improvements and structures that are part of the real estate described above. This sale will be subject to all restrictions, rights-of-way, conditions, easements and matters of record, mechanics’ and materialmen’s liens, if any, whether of record or not of record, and unpaid real estate taxes, to the extent any of the foregoing apply and take priority over the lien of the deed of trust.
TERMS OF SALE: Cash in hand on day of sale. The conveyance of the real estate will be by special warranty deed. The real estate and any improvements thereon will be sold in “as is” condition without any warranties. The successful bidder will assume the risk of all loss or damage to the real estate and any improvements thereon after the sale, and be responsible for all costs of the conveyance including, but not limited to, any examination of title, preparation of the deed, excise tax and recording fees. Any announcements made at the sale, including postponement of the sale and withdrawal of the real estate from sale, will take priority over published notices.
Dated: October 1, 2018.
J. Peter Richardson, as trustee
Post Office Box 1778
Bluefield, West Virginia 24701
(304) 327-7158
10-15-MON-2-RH; LG 153941
ID: 153941