NOTICE OF TRUSTEE’S SALE
In execution of the deed of trust, dated July 18, 2012, from Kerry L. Musick and Fawn D. Musick to Gary R. Mills, as trustee, of record in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Trust Deed Book 1236, at page 170, the undersigned trustee will offer for sale at public auction on April 3, 2019, at 10:00 a.m. at the North Walker Street entrance to the Mercer County Courthouse, Princeton, West Virginia, all of that certain lot or parcel of land with the improvements thereon and appurtenances thereunto belonging, situate, lying and being on the Waters of Brush Creek, in Beaver Pond District, Mercer County, West Virginia, supposed originally to contain 257- 1/2 acres, more or less, and as shown on Assessor’s Tax Map for Beaver Pond District, Mercer County, West Virginia, as approximately 39.94 acres, Red Oak Ridge, Tax Map 11 , Parcel 295, and which said property is more particularly bounded and described as follows:
BEGINNING on a maple on the old Perdue line on the northwest side of the Red Oak Ridge; thence S. 38 E. 52 poles to a chestnut by the fense; thence S. 2 E. 184 poles to two white oaks, S. 10 W. 56 poles to two chestnut oaks on a point of a ridge; thence S. 42 W. 74 poles to two small white oaks in a hollow; thence N. 44 W. 70 poles to two white oaks; thence N. 55W. 60 poles to a chestnut oak and white oak, N. 17 W. 58 poles to a sourwood and white oak near rock spring; thence N. 66 W. 68 poles to a red oak and white oak on the old Perdue line; thence N. 22 E. 58 poles with said Perdue line to a red oak and hickory cut down by some rocks; thence N. 54 E. about 150 poles to the BEGINNING.
AND BEING the remainder of the same property conveyed unto John R. Crotts and Laura L. Crotts, his wife, by Deed dated January 25, 1968, from Fred J. Tiller, Widower, which Deed is of record in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Deed Book 440, at page 84.
There is excepted and reserved from the property as above described (leaving an area of approximately 70 acres) the following conveyances and easements to which reference is made for a more accurate description of the property; said out conveyances are of record as follows: Deed Book 51, at page 7; Deed Book 40, at page 479; Deed Book 176, at page 467; Deed Book 228, at page 346; Deed Book 192, at page 220; Deed Book 238, at page 482; Deed Book 240, at page 135; Deed Book 247, at page 107; Deed Book 240, at page 174; Deed Book 247, at page 395; Deed Book 255, at page 284; Deed Book 256, at page 347; Deed Book 266, at page 89; Deed Book 271, at page 91; Deed Book 281, at page 448; Deed Book 282, at page 137; Deed Book 287, at page 97; Deed Book 291, at page 512 ; Deed Book 298, at page 586; Deed Book 170, at page 354; Deed Book 240, at page 248; Deed Book 341, at page 451; Deed Book 343, at page 528; Deed Book 345, at page 348; Deed Book 349, at page 326; Deed Book 356, at page 214; Deed Book 360, at page 444; Deed Book 410, at page 47; Deed Book 424, at page 8; Deed Book 435, at page 417; Deed Book 437, at page 411.
There is further excepted and reserved from the property as above described an out conveyance of 3.0 acres conveyed by John R. Crotts and Laura L. Crotts, husband and wife, to Peter Hall and Teresa Hall, husband and wife, which Deed is of record in said Clerk’s Office in Deed Book 828, at page 382; and an out conveyance of approximately one acre conveyed by John R. Crotts and Laura L. Crotts, his wife, unto Kenneth Ray McVey and Janet Lane McVey, husband and wife, by Deed dated November 9, 1970, of record in said Clerk’s Office in Deed Book 467, at page 603.
The right-of-way reserved in Deed Book 51, at page 7, to which reference is made for a more complete description, is further hereby conveyed herewith.
This conveyance is made subject to all restrictive covenants, easements of record, rights-of-way and out conveyances affecting the real estate hereinabove described and is further subject to an Oil and Gas Lease dated April 3, 2003, from John R. Crotts and Laura L. Crotts, his wife, to Dominion Exploration and Production, Inc., which lease is of record in said Clerk’s Office in Oil and Gas Lease Book 20, at page 491.
AND BEING the same real estate conveyed unto the Parties of the First Part herein by Deed dated July 12, 2012, from John R. Crotts and Laura L. Crotts, husband and wife, and which deed is intended to be recorded simultaneously herewith.
The deed of trust states that the address of this real estate is Rt 1 Box 409, Littlesburg Road, Bluefield, West Virginia 24701.
J. Peter Richardson was appointed substitute trustee by the APPOINTMENT OF SUBSTITUTE TRUSTEE, dated March 5, 2019, of record in said Clerk’s Office in Trust Deed Book 1369, at page 162.
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 a deed without any covenant or warranty, express or implied. 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: March 8, 2019.
J. Peter Richardson, as trustee
Post Office Box 1778
Bluefield, West Virginia 24701
(304) 327-7158
ID: 222876