Mercer

Lavauda Ross

NOTICE OF TRUSTEE’S SALE

NOTICE IS HEREBY GIVEN that by virtue of that certain Deed of Trust dated June 14, 2002, executed by Lavauda M. Ross to Phillip Scantlebury, Trustee, of record in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Trust Deed Book 928, at page 105, David M. Kersey having been substituted as Trustee pursuant to Substitution of Trustee dated August 2, 2018, of record in the aforesaid Clerk’s office in Trust Deed Book 1358, at page 720, default having occurred in payment of the indebtedness secured by said deed of trust, and the undersigned Substitute Trustee having been requested to do so by Summit Community Bank, Inc., successor in interest to First Century Bank, N.A., owner and holder of the indebtedness secured by said Deed of Trust, the undersigned Substitute Trustee will offer for sale and sell at public auction on December 21, 2018, at 10:00 a.m., at the north entrance to the Mercer County Courthouse, 1501 Main Street, Princeton, Mercer County, West Virginia, the following described real estate, together with the improvements thereon and appurtenances thereunto belonging, more particularly bounded and described as follows:
All that certain tract or parcel of real estate, with all of the privileges and appurtenances thereto belonging, situated in the City of Bluefield, Mercer County, West Virginia, known and designated as LOT NO. 3, SECTION 859 more particularly described as follows, to-wit:
BEGINNING at a point on the east line of Washington Street, S. 45 04′ E. 93 feet from the point of intersection of the said east line of Washington Street by the South line of Bay Street; thence N. 44 56′ E. 155 feet to a point; thence S. 43 04′ E. 50 feet to a point; thence S. 44 56′ W. 155 feet to a point; thence N. 45deg. 04′ W. 50 feet to the point of BEGINNING;

And being the same real estate conveyed to Lavauda M. Ross by deed Lillian V. Akers dated the 24th day of November 1997, and of record in the Office of the Clerk of the County Commission of Mercer County, West Virginia in Deed Book 789 at page 419.

There is an easement over the adjoining Lot 4, Section 859, for the space presently occupied by a porch and stairway thereto used for access and in connection with the second floor or garage apartment of a building on the rest of Lot 3, and an easement as required for approach or access thereto. The purpose of this grant of easement is to permit the use of the present stairway and porch by the owners of Lot 3, Section 859, their successors in interest and assigns. The easement here granted is to continue as long as the present garage apartment building and said porch and stairway exist, but is to cease in event the same is removed. The garage apartment and encroachment which this easement is intended to provide for are shown on a map made by Elmer C. Barton, Civil Engineer, dated August 1, 1958.

TERMS OF SALE: Ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) cash in hand on day of sale and balance upon delivery of deed. Sale subject to any and all real property taxes or assessments due or to become due, all applicable subdivision and zoning restrictions, matters of survey, compliance with environmental regulations, rights of tenants in possession, if any, and all other pertinent liens, easements, restrictions and reservations of record. The property is sold in an “as is” condition. The purchaser shall pay the excise tax on the transfer of real estate. Any personal property remaining on the premises at the time of sale shall be considered abandoned. The undersigned trustee reserves the right to reject any and all bids, the right to continue the sale by announcement on the date of the sale and the right to announce other conditions upon the sale, which announced conditions, if any, shall be in addition to or take priority over any conditions set forth herein.

Given under my hand this 29th day of November, 2018.

David M. Kersey
Substitute Trustee

ID: 181467