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 November 16, 2007, executed by Borrower(s), Robert E Lilly, to Thomas H. Gilpin, the Trustee of record in the office of the Clerk of the County Commission of Raleigh County, West Virginia, in Book 5029, at Page 6801. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 321 Ewart Ave, Beckley, WV 25801. WV Trustee Services, LLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated December 22, 2020, of record in the Clerk’s Office in Book 5073, Page 0297. The borrower(s) 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:
26th day of February, 2021
at 11:30 a.m.
ALL THE FOLLOWING-DESCRIBED PROPERTY SITUATE IN RALEIGH COUNTY, WEST VIRGINIA, TO WIT: THE SURFACE OF THAT CERTAIN TRACT OR PARCEL OF REAL ESTATE SITUATE IN THE EWART HEIGHTS ADDITION, CITY OF BECKLEY TAX DISTRICT, RALEIGH COUNTY, WEST VIRGINIA, PREVIOUSLY SHOWN ON THE ORIGINAL MAP OF EWART HEIGHTS OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF RALEIGH COUNTY, WEST VIRGINIA, IN MAP BOOK 3, AT PAGE 27, AND SHOWN AS AN UNNUMBERED TRACT OF LAND ON THE REVISED MAP OF SECTIONS, 2, 3, 4 AND 5, EWART HEIGHTS ADDITION, OF RECORD IN THE AFORESAID CLERKS OFFICE IN DEED BOOK 254, AT PAGE 100, AND BEING MORE PARTICULARLY AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERN RIGHT OF WAY OF EWART AVENUE, SAID POINT BEING N. 05 DEG. 32 MIN. W. 23.00 FEET FROM THE COMMON CORNER TO LOTS 12 AND 13, SECTION 3 OF EWART HEIGHTS ADDITION; THENCE LEAVING EWART AVENUE AND RUNNING THROUGH LOT 13 N. 84 DEG. 28 MIN. E. 155.00 FEET TO A POINT ON THE WESTERN END OF MILLIRON AVENUE AND A 12-FOOT ALLEY; THENCE CROSSING MILLIRON AVENUE AND SAID ALLEY AND RUNNING THROUGH LOTS 22 AND 23, N. 84 DEG. 28 MIN. E. 240.00 FEET TO A POINT ON THE WESTERN SIDE OF EAST RIDGE ROAD; THENCE FOLLOWING EAST RIDGE ROAD, S. 32 DEG. 19 MIN. W 187.43 FEET TO A POINT ON THE EASTERN SIDE OF LOT 22; THENCE LEAVING EAST RIDGE ROAD AND RUNNING THROUGH LOTS 22 AND 21, S. 84 DEG. 28 MIN. W. 130.00 FEET TO A POINT 5.00 FEET WEST OF THE PREVIOUSLY MENTIONED 12-FOOT ALLEY; THENCE, N. 05 DEG. 32 MIN. W. 60.00 FEET TO A POINT IN LOT 11, SAID POINT BEING SITUATED 15 FEET SOUTH OF THE COMMON LINE BETWEEN LOTS 11 AND 12; THENCE RUNNING PARALLEL TO AND 15.00 FEET FROM SAID LINE, S. 84 DEG. 28 MIN. W. 150.00 FEET TO A POINT ON THE EASTERN SIDE OF EWART AVENUE; THENCE FOLLOWING EWART AVENUE, N. 05 DEG. 32 MIN. W. 88.00 FEET TO THE POINT OF BEGINNING, AND CONTAINING 1.09 ACRES, BEING ALL OF TRACT NO. 1 AND A PART OF TRACT NO. 2 AS SET FORTH IN PREVIOUS CONVEYANCES, WHICH SAID TRACT BEING HEREIN CONVEYED ADJOINS LOTS 14, 21 AND 23 AS SHOWN ON THE ABOVEMENTIONED REVISED MAP OF EWART HEIGHTS. EXCEPTING AND RESERVED FROM THIS CONVEYANCE IS A 12-FOOT ALLEY RUNNING SOUTH THROUGH THE TRACT TO THE EAST OF LOTS 10, 11, 12 AND 13; ALL AS SHOWN MORE PARTICULARLY ON CURRENT PLAT OF SURVEY BY JAMES E. COOK, P.E., DATED SEPTEMBER 18, 1978.
Being the same property conveyed to Robert E Lilly by the Deed Roll dated September 30, 1992 and recorded in Deed Book 29 at Page 1344 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
dionne.reynolds@wvtrustee
services.com