NOTICE OF TRUSTEE’S SALE
NOTICE OF TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, WV Trustee Services, LLC, by that certain Deed of Trust dated December 29, 2006, executed by Borrowers, John C. Davis and Mary M. Davis, to Tommy J. Dixon, the Trustee of record in the office of the Clerk of the County Commission of Raleigh County, West Virginia, in Book 5025, at Page 1633. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 110 Dominion Drive, Crab Orchard, WV 25827. WV Trustee Services, LLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated February 22, 2024, of record in the Clerk’s Office in Book 5062, Page 2649. The borrowers defaulted under the Note and Deed of Trust and the Substitute Trustees have been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustees will sell the following described property to the highest bidder at the front door of the Courthouse of Raleigh County, in Beckley, West Virginia, on the following date:
16th day of May, 2024
at 11:15 a.m.
ALL THAT CERTAIN PROPERTY SITUATED IN THE DISTRICT OF TOWN, COUNTY OF RALEIGH AND STATE OF WEST VIRGINIA, LOT # 1, BEING MORE FULLY DESCRIBED IN A DEED VOLUME 132 AND PAGE 320, MAP# 400-6 AND PARCEL # 67. ALL THAT` CERTAIN PROPERTY SITUATED IN THE DISTRICT OF TOWN, COUNTY OF RALEIGH AND STATE OF WEST VIRGINIA, LOT # 3, BEING MORE FULLY DESCRIBED IN A DEED VOLUME 132 AND PAGE 320, MAP# 400-6 AND PARCEL # 66. EXCEPTING THEREFROM ALL THAT CERTAIN PROPERTY KNOWN AS .023 ACRES, MORE OR LESS ACQUIRED BY LITTLE GENERAL STORE, INC. FROM JOHN C. DAVIS AND MARY M. DAVIS HUSBAND AND WIFE BY DEED DATED 09/13/2000 RECORDED 09/14/2000 IN DEED VOLUME 5003 PAGE 827.
And being more particularly bounded and described as follows:
Tract No. One: The surface of Lot No. 1, situate at Crab Orchard, Raleigh County, West Virginia, as more particularly described on a map of the D.W. Miller property, which map is of record in the Office of the Clerk of the Raleigh County Commission, in Deed Book 363 at Page 384, to which map reference is here made for a complete and accurate description of said lot.
Tract No. Two: The surface of a part of Lot No. 3, as described on a map of the D.W. Miller property situate at Crab Orchard, Raleigh County, West Virginia, of record in the Office of the Clerk of the Raleigh County Commission in Deed Book 363 at Page 384, and being more particularly described as follows:
BEGINNING at an iron pin the back corner of a part of Lot No. 3 heretofore conveyed by D. W. Miller, et ux, to Pasqua Carelli Spinelli, by deed of November 23, 1956, of record in the aforesaid Clerk’s Office in Deed Book 363 at Page 384; thence N. 61° 21’ E. 53 feet to a stake in the line of the Lot No. 3 and Lot No. 2, another corner of the Spinelli property; thence S. 29° 20’ E. 53 feet to an iron pin, a common back corner of Lot No. 2 and Lot No. 3, in the line of Lot No. 1; thence with the back line of Lot No. 3 and the line of Lot No. 1, S. 61° 21’ W. 52.7 feet to an iron pin; thence with the outside line of Lot No. 3, N. 30° 14’ W. 34 feet to the place of BEGINNING.
Being the same property conveyed to John C. Davis and Mary M. Davis by the Deed dated March 10, 1998 and recorded in Deed Book 132 at Page 320 in the Office of the Clerk of the County Commission of Raleigh County, West Virginia.
TERMS OF SALE:
1) The property will be conveyed in an “AS IS” physical condition by Deed containing no warranty, express or implied, subject to the Internal Revenue Service right of redemption, all property taxes, prior Deeds, liens, reservations, encumbrances, restrictions, rights-of-ways, easements, covenants, conveyances and conditions of record in the Clerk’s office or affecting the subject property.
2) The Purchaser shall be responsible for the payment of the transfer taxes imposed by the West Virginia Code § 11-22-1.
3) The Beneficiary and/or the Servicer of the Deed of Trust and Note reserve the right to submit a bid for the property at sale.
4) The Trustee reserves the right to continue sale of the subject property from time to time by written or oral proclamation, which continuance shall be in the sole discretion of the Trustee.
5) The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate said property, and any personal property and/or belongings remaining at the property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY.
6) The total purchase price is payable to the Trustee within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale.
WV Trustee Services, LLC,
Substitute Trustee
BY: Dionne Reynolds,
Limited Signing Officer
WV Trustee Services, LLC
McGuire Office Center
618 Tenth Street, Suite 108
Huntington, WV 25701
(304) 853-3336
[email protected]