TRUSTEE SALE OF
VALUABLE REAL ESTATE
The Undersigned Trustee, by virtue of the authority vested in him by that certain deed of trust dated Deed of Trust dated November 16, 2022, of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Deed of Trust Book 5078, at page 2565, Tonia Blankenship did convey unto G. Todd Houck, trustee, certain real property in said deed of trust; and default having been made under the aforementioned deed of trust and the undersigned Trustee having been instructed by the secured party to foreclose thereunder, will offer for sale at public auction at the front door of the Raleigh County Courthouse, 215 Main Street, Beckley West Virginia 25801 on:
November 29, 2024
at 11:00 a.m.
All that certain tract or parcel of land, together with any appurtenances thereunto belonging,
situate in Shady Spring, Raleigh County West Virginia, and being:
Sur Pt Lot 3 Pearl Tolbert Farms (0.43 Ac) Town District, Raleigh Co West Virginia Tax Map/Parcel 30/00020002, and further described as: Part Lot 3 Pearl Tolbert Farms and more particularly described as:
BEGINNING at a stake on the eastern right of way line of Tolbert Street which is on the common boundary line of Lots Nos. 2 and 3; thence with the common boundary line of Lots Nos. 2 and 3. S 80 degrees 30’ E 247.32 feet to a stake; thence leaving the common boundary line of Lots No. 2 and 3 S. 9° 30’ W. 165.36 feet to a stake, which is on the common boundary line of Lots Nos. 3 and 4: thence with the common boundary line of Lots Nos. 3 and 4, N 80° 30’ W 247.32 feet to a stake on the eastern right of way line of Tolbert Street; thence with the Eastern right of way line of Tolbert Street N. 9° 30 W. 165.36 feet back to the point of beginning, containing 0.93 acre, more or less and being the same property conveyed to Tonia Blankenship by deed dated May 26, 2022, of record in the office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Book 5076, at page 4435, reference to all of which is hereby made for a more complete description thereof.
There is hereby EXCEPTED and RESERVED from this conveyance that certain tract or parcel of land previously conveyed to John Luckton and Sharon Luckton by deed dated June 16, 1983. from Clyde Davis Tolbert and Marion Hope Tolbert, his wife, which said Deed is of record in the aforesaid Clerk’s Office in Deed Book 670, at Page 308, and more particularly described as follows:
BEGINNING at a 1-inch iron rod said in the eastern line of Tolbert Street, said point being a common corner of Lots 2 and 3 and also situate near the land A.E. Power Company Pole Number 847-A-3B5; thence leaving Tolbert Street and with the dividing line between Lots 2 and 3 S 80° 30’ E 125.00 feet to a point; thence leaving said dividing line and thru Lot #3 S 09° 30’ W 165.36 feet to a point in the dividing line N 80° 30’ W 125.00 feet to a 1-inch iron rod, found on the east side of A.E. Company Pole #847-A110 in the eastern line of Tolbert Street; thence with the eastern line of Tolbert Street N 09° 30’ W 165.36 feet to the point of BEGINNING.
The aforesaid property is SUBJECT TO any and all easements, rights-of way, conditions, covenants and restrictions of record or in existence. The Sale of the foregoing real property and improvements will be made subject to all exceptions, reservations, rights-of-way, easements, conditions, covenants, restrictions, leases and other servitude of record, if any, pertaining to said real estate, minerals, gas and oil, subject to all matters disclosed by an examination and inspection of the property, subject to any and all unpaid taxes as recorded against said property, and to any further matters announced at said sale. The property is sold subject to an accurate survey at purchasers expense.
The sale of the foregoing real property will also be made expressly subject to any and all other deeds of trust, judgments, liens, and all other encumbrances of any nature whatsoever, if any, having priority over the deed of trust referred to herein.
FEDERAL TAX LIEN:
In the event that there are Federal Tax Liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer. The Trustee reserves the right to adjourn the sale, for a time, or from time to time, without further notice, by announcement at the time and place of sale described above or any adjournment thereof. The Trustee reserves the right to reject any and all bids.
TERMS OF SALE a deposit of $98,998.66, cash in hand at the time of sale in the form of a certified check or cashiers check made payable to G. Todd Houck, Attorney at Law, LC, Trustee, and the Balance in cash within 30 days of date of sale, or upon terms to be agreed upon between Trustee and successful bidder, time being of the essence; payment for unpaid real estate taxes to be assumed by the purchaser. Purchaser shall pay for transfer stamps and recording fees. This is a buyer beware sale and any buyer is advised to retain counsel before the sale. The property is sold in AS IS WHERE IS condition. The Trustee shall be under no duty to cause any existing tenant or person occupying or leasing the subject property to vacate or quit said property. The Trustee will deliver a trustee’s deed to purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code §38-1-6. The Trustee makes no representation and does not warrant title or fitness to the real estate to be conveyed.
If there is any part of the process of the sale which is found objectionable, the Trustee reserves the right to cancel the sale. No purchaser should take possession or make improvements in the premises until the Trustee deed is delivered or recorded. A third party purchaser at sale may be required to pay the purchase price plus all recording and transfer fees. Additional terms of sale may be announced prior to the sale
Should any party have any inquires, objections to the sale or protests regarding the sale or request regarding the sale, please notify the Trustee below.
Given under my hand this October 11, 2024
G. Todd Houck, Trustee
G. Todd Houck
Attorney at Law, LC
105 Guyandotte Av
Mullens WV 25882
304.294.8055
[email protected]
ID: 831234