TRUSTEES’ SALE OF
VALUABLE REAL ESTATE
134 Elm Street,
Beckley, WV 25801
In a Deed of Trust dated October 27, 1999, and duly recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed of Trust Book 5001, at page 399 Paul Gregory Elkins and Robin L. Elkins did convey unto Bonnie Tichenor, 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, Beckley, West Virginia 25801 on:
March 4, 2021
At 10:00 AM
The property for sale as described by the Deed of Trust is as follows:
That certain lot or parcel of land located near Beckley, being part of Lot 9, and all of Lots No. 10 and 11 of Section 11 of the Lilly Heights Addition, Town District Raleigh County, West Virginia, and being more particularly bounded and described as follows:
Beginning at a corner post (found), on the right of way of Elm Street, being the corner of Lots Nos. 11 and No. 12. Thence leaving the right of way of Elm Street and with the lot line of Lots No. 11 and No. 12; N 40 Degrees 03` W 150.00 feet to a corner post (found), being the corner of Lots No.11 and No. 12 on the right of way of an alley. Thence with the right of way of the alley; N 49 degrees 57` E 135.00 feet (passing the corner of Lot 9 and 10 at 100`), to a rebar (set) being the corner of the Durward D. and Laverna A. Cadle (748-223) part of Lot No. 9. Thence leaving the right of way of the alley, and with the boundary line of the said Cadle part of Lot No.9; S. 40 degrees 03` E 150.00 feet to a rebar (set) on the right of way of Elm Street, a corner of the said Cadle part of Lot No. 9. Thence with the right of way of Elm Street; S 49 degrees 57` W 135.00 feet to the point of beginning, containing 0.465 acres more or less as surveyed by Engineering Services, Inc., Beckley, West Virginia.
And being the same property conveyed unto Paul Gregory Elkins and Robin Elkins,
husband and wife, from Susan L. Mundy and Ronnie N. Mundy, husband and wife, and Margaret A. Zimmerman and Stephen C. Zimmerman, husband and wife, by deed dated the 22nd day of June, 1993, of record in said Clerk`s Office on Roll 40, at page 1637.
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 ($2500.00), 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 $13000 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 Mid-Atlantic, PC, counsel for Terra Abstract.” 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.
9920 Franklin Square Drive,
Suite 100
Baltimore, MD 21236
(410) 635-5127,
(443) 815-3931
www.sterneisenberg.com