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 February 29, 2012, executed by Borrower, Brandon J Davis, to Marc J. Slotnick, the Trustee of record in the office of the Clerk of the County Commission of Raleigh County, West Virginia, in Book 5046, at Page 4416. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 478 Upper Rock Creek Rd, Rock Creek, WV 25174. WV Trustee Services, LLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated August 8, 2023. The borrower 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:
17th day of June, 2024
at 11:45 a.m.
ALL THAT PARCEL OF LAND IN RALEIGH COUNTY, STATE OF WEST VIRGINIA, AS MORE FULLY DESCRIBED IN DEED BOOK 563, PAGE 525 AND BOOK 525 PAGE 51 ID# 17-0025.01 AND 17-26 AND 17-25, BEING KNOWN AND DESIGNATED AS: BEGINNING AT A STONE ON THE NORTH SIDE OF ROCK CREEK; THENCE RUNNING WITH A LINE OF HARRY G. PETERS, N 64 DEGREES 45` W 340 FEET TO A STONE IN THE FIELD NEAR ROCK FENCE A CORNER WITH HARRY G. PETERS; THENCE N. 22 DEGREES 5` E 122 FEET TO A STONE AT THE EDGE OF THE COUNTY ROAD ON THE NORTH SIDE OF ROCK CREEK; THENCE N 79 DEGREES E 60 FEET TO A STONE IN THE PUBLIC ROAD 5 FEET NORTH OF A HOLLY BUSH; THENCE S. 80 DEGREES E 157 FEET TO A STONE ON THE UPPER SIDE OF THE COUNTY ROAD; THENCE S 9 DEGREES E 242 1/2 FEET TO THE POINT OF BEGINNING, CONTAINING 1 ACRE MORE OR LESS. ALSO TRACT NO. 1: BEGINNING AT TWO OAKS AND A HICKORY AT OR NEAR THE TOP OF THE MOUNTAIN, CORNER OF BEN RICHARD AND MAJOR SURRATTS LINE TO THE LINE JOINING THE LAND OF ARTHUR D. BRADFORD; THENCE DOWN A LONG RIDGE AS IT MEANDERS N. 22 DEGREES W. 7-3/5 POLES TO A STAKE; THENCE N. 4 1/2 DEGREES E. 62 POLES TO A STAKE; THENCE N. 23 DEGREES E. 42 POLES CROSSING ROCK CREEK TO A SMALL SYCAMORE ON THE RIGHT HAND BANK OF ROCK CREEK; THENCE UP STREAM AS IT MEANDERS TO THE CORNER OF JOHNNY L. CLAY AND BEN RICHMOND; THENCE UP A RIDGE WITH THE LINE OF BEN RICHMOND BY PROTRACTION TO THE BEGINNING CORNER, CONTAINING 25 ACRES, IN FEET MORE OR LESS, THIS TRACT BEING COMMONLY KNOWN AS BONE LICK HOLLOW, THIS BEING THE TRACT AND MINERAL CONVEYED TO LEWIS W. BRADFORD BY JOHN A. BRADFORD AND OTHERS AS FOUND IN DEED BOOK S AT PAGE NO. 88 IN THE OFFICE OF THE CLERK OF THE COUNTY COURT OF RALEIGH COUNTY, BECKLEY, WEST VIRGINIA TO WHICH REFERENCE IS HEREBY MADE FOR MORE COMPLETE DESCRIPTION. TRACT NO. 2: BEGINNING AT A SYCAMORE STUMP ON THE NORTH SIDE OF ROCK CREEK, AND IN A LINE TO JOHN L. CLAY; THENCE CROSSING THE CREEK S. 16 DEGREES 49` W. 566.3 FEET TO A STAKE ON A RIDGE, IN A LINE OF THE L.W. BRADFORD 25 ACRE TRACT; THENCE WITH LINES OF THE SAID 25 ACRE TRACT UP THE RIDGE TO A CHESTNUT, A CORNER TO A TRACT OF LAND OWNED BY A.D. BRADFORD; THENCE DOWN THE RIDGE WITH LINES OF THE SAID A.D. BRADFORD TRACT TO A DOGWOOD AT THE WEST END OF THE BRADFORD CEMETERY; THENCE N. 30 DEGREES 09` W. 501.3 FEET TO A STAKE ON THE NORTH BANK OF ROCK CREEK; THENCE UP THE CREEK N. 46 DEGREES 29` E. 256.2 FEET; THENCE N. 66 DEGREES 06` E. 191.9 FEET; THENCE N. 54 DEGREES 03` E. 228.1 FEET; THENCE N. 86 DEGREES 33` E. 125.2 FEET TO AN “X” ON A ROCK 13.6 FEET EAST FROM THE EAST SIDE OF A CULVERT AT THE MOUTH OF THE LICK HOLLOW; THENCE S. 26 DEGREES 17` E. 253.1 FEET TO A STONE IN THE BEND OF THE CREEK; THENCE S. 69 DEGREES 25` E. 351.5 FEET TO THE BEGINNING, CONTAINING 25 ACRES, MORE OR LESS. LESS AND EXCEPT ALL THAT PIECE OR PARCEL OF LAND CONVEYED IN BOOK 30 PAGE 1309 BEING MORE FULLY DESCRIBED AS: BEGINNING AT A STAKE ON THE NORTH BANK OF ROCK CREEK AT THE COMMON CORNER OF THE PROPERTY PRESENTLY OWNED BY THE GRANTEES: THENCE N. 46 DEGREES 29` E. ALONG THE BANK OF SAID CREEK 50 FEET TO A POINT THENCE THROUGH THE PROPERTY OF THE GRANTORS S. 30 DEGREES 09` E. 221 FEET TO A FENCE, THENCE S. 46 DEGREES 29` W. 50 FEET TO THE COMMON CORNER OF THE PROPERTY NOW OWNED BY THE GRANTEES: THENCE N. 30 DEGREES 09` W. ALONG THE COMMON BOUNDARY LINE OF THE GRANTORS AND GRANTEES HEREIN 221 FEET TO THE BANK OF SAID CREEK TO THE POINT AND PLACE OF BEGINNING. AND BEING PART OF TRACT 2 ACQUIRED BY THE GRANTORS HEREIN BY DEED FROM ARTHUR D. BRADFORD AND LULA BRADFORD, DATED FEBRUARY 22, 1973 AND RECORDED IN THE AFORESAID CLERK`S OFFICE IN DEED BOOK 525 PAGE 73. LESS AND EXCEPT ALL THAT PIECE OR PARCEL OF LAND CONVEYED IN BOOK 131 PAGE 2590 BEING MORE FULLY DESCRIBED AS: BEGINNING AT A ROOF BOLT IN OLD FRANCES ROW A CORNER TO HARRY G. PETERS AND SUE PETERS, HIS WIFE, AT ROCK CREEK, MARSH FORK DISTRICT , RALEIGH COUNTY , WEST VIRGINIA, THENCE LEAVING OLD FENCE AND GOING ACROSS BOTTOM S. 30 DEGREES 09 E. 221.00 TO A ROOF BOLT AT THE EDGE OF ROCK CREEK; THENCE RUNNING UP ROCK CREEK S. 51 DEGREES 06 W. 292.15` TO A ROOF BOLT; THENCE LEAVING THE CREEK AND RUNNING ACROSS BOTTOM N. 19 DEGREES 30 W 245.00` TO A ROOF BOLT IN OLD FENCE ROW; THENCE WITH OLD FENCE ROW N. 54 DEGREES 04 E 244.71` TO A ROOF BOLT IN OLD FENCE ROW THE POINT OF BEGINNING CONTAINING 1.44 ACRES MORE OR LESS. THE GRANTORS FURTHER GRANT UNTO THE GRANTEES A RIGHT-OF-WAY ACROSS THE REMAINING PORTION OF THEIR PROPERTY LEADING FROM THE SOUTHWESTERN CORNER OF THE ABOVE MENTIONED PROPERTY AND RUNNING PARALLEL TO ROCK CREEK IN A SOUTHWESTERLY DIRECTION APPROXIMATELY 500 FEET TO THE BRIDGE ACROSS ROCK CREEK WHICH SAID RIGHT-OF-WAY IS 16 FEET IN WIDTH. LESS AND EXCEPT ALL THAT PIECE OR PARCEL OF LAND CONVEYED IN BOOK 5015 PAGE 7055 BEING MORE FULLY DESCRIBED AS: BEGINNING AT A ROOF BOLT ON ROCK CREEK, N.E. CORNER TO JOHN KETARKUS AND DENISE KETARKUS, BROTHER AND SISTER, AND COMMON WITH SUE PETERS , AT MARSH FORK DISTRICT , RALEIGH COUNTY , WEST VIRGINIA; THENCE RUNNING UP ROCK CREEK N. 14 DEGREES E. 70` TO A ROOF BOLT; THENCE LEAVING THE CREEK AND RUNNING ACROSS THE BOTTOM AND UPHILL S. 29 1/2 DEGREES E. 505` TO A ROOF BOLT AT AN OLD FENCE LINE; THENCE S. 42 DEGREES W. 306` TO AND ALIGNED WITH THE NORTH FENCE OF L.W. BRADFORD TO N.W. CORNER POST OF SAME; THENCE RUNNING DOWNHILL N. 29 1/2 DEGREES W. 251` TO A ROOF BOLT IN OLD FENCE ROW; THENCE N. 12 DEGREES 294.71` E. ALIGNED WITH OLD FENCE ROW TO A ROOF BOLT; THENCE N. 62 DEGREES E. 245` TO A ROOF BOLT, THE POINT OF BEGINNING, CONTAINING 2.03 ACRES MORE OR LESS.
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]
ID: 796487