TRUSTEES’ SALE OF
VALUABLE REAL ESTATE
201 Kimberly Lane,
Princeton, WV 24740
In a Deed of Trust dated April 20, 2006, and duly recorded in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Deed of Trust Book 1074, at page 647 Earl Henry Hager and Natalie Nicollette Hager did convey unto William S. Winfrey, II, 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 Mercer County Courthouse, 1501 Main Street, Princeton, West Virginia 24740 on:
August 13, 2021
At 10:00 AM
The property for sale as described by the Deed of Trust is as follows:
All those certain lots, tracts or parcels of land being situate in Plymouth District, Mercer County, West Virginia, and being more particularly described as follows:
BEING designated at Lot 49 on “Plat Showing Phase 2 of Wyndale Subdivision Plymouth District Mercer County situate 2 miles northeast of Princeton, W.VA. scale: 1″= 50′ February 8, 2002, Shields Engineering Company, LLC revised April 24, 2002- add Lot 39 and curves 13 and 14″, said Plat recorded in the Office of the Clerk of the County Commission of Mercer County, West Virginia, as Microfilm Plat No. 14762”. and more fully bounded and described as follows:
BEGINNING at an iron pin set in the eastern line of Carl Wade Road, said point being a southwest corner of Lot 50 as shown on said Plat; thence with the division line between Lot 50 and 49 N. 61deg. 38` 05″ E. 62.66 feet to a point on the cul-de-sac terminating Kimberly Lane as shown upon said Plat; thence with the curve formed by said cul-de-sac at a Chord bearing S. 71deg. 40` 06″ E. a distance of 54.87 feet to a point, being the northwest corner of Lot 48; thence with the western line of Lots 48 and 47, S. 24deg. 58` 25` E. 125.08 feet to a point; thence with the division line between Lot 45 and Lot 49, S. 64deg. 28` 00″ W. 100.92 feet to an iron pin set on the eastern right of way of Carl Wade Road, thence with same, N. 25deg. 32` 00″ W. 160.00 feet to the place of Beginning, and containing 0.35 acres, more or less.
And being the same property conveyed to Earl Henry Hager and Natalie Nicolette Hager, husband and wife, by Cendant Mobility Financial Corporation, a Delaware corporation, by Deed dated April 11, 2006, to recorded in the Office of the Clerk of the County Commission of Mercer County, West Virginia, simultaneously with this instrument.
“This conveyance is made subject it that certain Declaration of Protective Covenants, Reservations and Restrictions Pertaining to Lots in Wyndale in Plymouth District, Mercer County, West Virginia”, of record in the aforesaid Clerk`s Office in Deed Book 807 at page 314 and as amended in Deed Book 817, at page 328.
This conveyance is further made subject to all covenants; restrictions, easements, right of way, agreements, exceptions, reservations and oil and gas leases of record.
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 Mercer 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 ($2,500.00), 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 $14,000.00 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
ID: 514608