NOTICE OF SALE BY TRUSTEE
UNDER DEED OF TRUST
Pursuant to the authority granted in that certain deed of trust from Alan J. Dempsey and Angel Dempsey, dated December, 13, 2013, to Ronald E. Clay and/or E. E. Bibb, III, Trustees, to secure the Bank of Mount Hope, Inc., a West Virginia Banking Corporation and of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Book 5053, at Page 8434, and default having been made by the said Alan Dempsey and Angel Dempsey in the payment of the obligation secured by said deed of trust and sale having been requested in writing by the beneficial holder of the obligation secured, the undersigned will offer for sale at the front door of the RALEIGH COUNTY COURTHOUSE, 215 MAIN STREET, BECKLEY, WEST VIRGINIA, at 1:30 p.m. on the 9th day of November, 2018, that certain real estate conveyed by said deed of trust and more particularly described as follows:
SITUATED in the County of Raleigh, Shady Spring District, State of West Virginia, to wit:
The surface of that certain tract of land together with all improvements and appurtenances thereunto belonging, including all rights under that certain right-of-way agreement recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Deed Book 5006, at page 272, situate in Shady Spring District, Raleigh County, West Virginia, situated 2.1 miles southwest of Shady Spring, West Virginia, and 480 feet north of Glade Street in the Shady Grove Farms Subdivision and on the south side of Cherry Glade Creek and being more particularly bounded and described as follows (all bearing are referenced to the magnetic meridian and distances are horizontal:
BEGINNING at a 5/8″ x 30″ rebar set in a shallow drain flowing west, being 1′ east of a fence line and in the original west line of Lot 108 of the Shady Grove Farms Subdivision and point in line of Joseph G. Sams (Roll 155-1107), with reference to a 2″ iron pipe found and bearing S. 01″ 33′ 59″ W. 480.00 feet (the southwest corner to original lot 108 of Oran & Ona Dempsey, plat of record in Map Book 8, Page 68), thence with the original line of Lot 108 and Sams, N. 01deg. 33′. 59″ E. crossing a logging road at 487 feet and passing 0.42 feet west of a roofbolt found at 489.39 feet and passing a 2″ iron pipe found on line in a stone pile at 786.32 feet and continuing in all 795.00 feet to a point in Cherry Glade Creek, thence leaving Sams and with the center of said creek for 2 calls; S. 85″ 15′ 01″ E. 92.70 feet, thence S, 67deg. 24′ 01″ E. 7.97 feet to a point in said creek and new division corner to Oran & Ona Dempsey, thence leaving Cherry Glade Creek and with 2 division lines, S. 01deg. 33′ 59″ W. passing a 5/8″ x 30″ rebar set on line at 221.87 feet with a 12″ yellow-polar as pointer, crossing a logging road at 312 feet, and continuing in all 786.99 feet to a 5/8″ x 30″ rebar set in a stone pile and north of a shallow drain, thence N. 88deg. 26′ 01″ W. crossing a 16′ right-of-way and continuing in all 100.00 feet to the BEGINNING containing 1.82 acres, more or less, as surveyed by Alpha Engineering Services, Inc., of Beckley, West Virginia, on November 7, 2000, and as shown on a plat attached hereto and made a part of this description entitled, “PLAT OF SURVEY FOR ALAN J. DEMPSEY TRACT 108-1 1.82. ACRES SHADY SPRINGS DIST. RALEIGH COUNTY, WV PART OF DB 558-393 PART OF TAX MAP 400-1-51”, which plat is of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Map File 4-4.
And being the same property conveyed unto Alan J. Dempsey and Angel Dempsey, his wife, by deed from Ona Lee Dempsey, a widow, dated March 5, 2001, and of record in the aforesaid Clerk’s Office in Deed Book 5004, at page 1049.
The conveyance of the property sold will be made and accepted subject to all mineral and mining rights and reservations, all easements, stipulations, conditions, covenants and restrictions contained in all former conveyances of the subject property, except any pertaining to race, color or creed and is further made subject to the lien of the 2019 real estate taxes.
The above described property will be conveyed by the undersigned to the purchaser by deed without warranty of any kind, express or implied, and will be made subject to all property taxes, prior liens, including any liens for sewer service assessed by any municipality or public service district, reservations, encumbrances, restrictions, rights of way, easements, covenants, charges and conditions of record in the aforesaid Clerk’s Office affecting the subject property, including but not limited to any reservations and exceptions set forth in the above referenced deed.
The subject property will be sold in “AS IS” condition. The undersigned shall be under no
duty to cause any existing tenant or person occupying the subject property to vacate said property. The subject property is reported to have a street address of 332 Glade Street, Shady Spring, West Virginia 25918.
TERMS OF SALE
Cash in hand on day of sale. The above described real estate will be sold by auction to the highest bidder, subject to the right of the undersigned to reject any and all bids if, in his opinion, it is or they are inadequate. The owner of the indebtedness secured by the above described deed of trust and the owner of any other interest in the property to be sold shall have a right to bid.
CONTINUANCE –
ADJOURNMENT OF SALE
The undersigned reserves the right to continue the sale, or to adjourn the sale for a time, or from time to time without further notice than announcement at the time and place of sale as hereinabove set forth or any continuance or adjournment thereof.
Dated this 8th day of October, 2018.
E. E. Bibb, III, Trustee
10-22-MON-2-RH; LG 15199
ID: 159199