NOTICE OF SUCCESSOR TRUSTEE’S SALE
Notice is hereby given that by virtue of the following deeds of trust:
Credit Line Deed of Trust dated July 30, 2013, made by Analabs, Inc. to J. Patrick Jones and J. Grant McGuire, Trustees, for the benefit of Community Trust Bank, Inc., which deed of trust is of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Trust Deed Book No. 5052, at Page 3828, Christopher J. Plybon having been appointed as Successor Trustee by Notice of Substitution of Trustee Under Deed of Trust recorded in the aforesaid Clerk’s Office in Book 5084, at Page 1354 (“CTBI Trust Deed”).
Credit Line Deed of Trust dated December 30, 2014, made by Analabs, Inc. to Joyce F. Ofsa, Trustee, for the benefit of West Virginia Economic Development Authority, which deed of trust is of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Trust Deed Book No. 5057, at Page 4751, Christopher J. Plybon having been appointed as Successor Trustee by Notice of Substitution of Trustee Under Deed of Trust recorded in the aforesaid Clerk’s Office in Book 5084, at Page 1355 (“WVEDA Trust Deed”).
Default having been made in the payment of the obligations secured by the CTBI Trust Deed and the WVEDA Trust Deed, which are shared first liens pursuant to Subordination and Priority Agreement dated December 30, 2024 recorded in the aforesaid Clerk’s Office in Trust Deed Book 5057, at Page 4760, the undersigned, Christopher J. Plybon, Successor Trustee under both trust deeds, having been required to do so by Community Trust Bank, Inc. and West Virginia Economic Development Authority, the beneficiaries of such deeds of trust and holders of the obligations secured thereby, and having full and absolute power and authority in the premises, will on the 5th day of December, 2024, at 11:00 a.m. Eastern Time, offer for sale and sell at public auction, for cash to the highest bidder, at the main front door of the Courthouse of Raleigh County, at 215 Main Street, Beckley, West Virginia, the following described property:
Parcel 1
A certain tract or parcel of land situate in Town District, Raleigh County, West Virginia, lying on the northwest side of Delta Route 150 and being more particularly described as follows:
Beginning at a 1/2” rebar set on the northwest side of Delta Route 150, corner to Gray Lumber Company, said corner being N 54° 33’ 15” W 31.64 feet from a P.K. nail set in concrete (found); thence with the north west side of said Road S 17° 30’ 04” W 61.77 feet to a 3/8” rebar set on the north side of a 35 foot right-of-way; thence leaving Delta Route 150 with said right-of-way the following courses and distances:
N 54° 33’ 17” W 186.79 feet to a 1/2” iron pipe set, thence;
S 17° 30’ 04” W 60.00 feet to a 1/2” rebar set, thence;
N 54° 33’ 17” W 281.27 feet to a 1/2” rebar set, on the line of Albert T. and Constance Richards, thence through Richards 5.49 acre tract N 17° 30’ 04” E 121.77 feet to a 1/2” rebar set on the line of Gray Lumber Company, thence with Gray Lumber Company S 54° 33’ 15” E 468.06 feet to the beginning containing 1.00 acre more or less.
Said tract is shown on a plat entitled “PLAT OF SURVEY FOR CHARLES K THOMPSON Date: April 1997 Scale: 1” =100’ Prepared by William L. Toney, Jr., L.L.S. 1309 Brackenrich & Associates, Inc., Consulting Engineers & Surveyors Lewisburg – Sutton, WV,” a copy of which is attached to that certain deed recorded in the Raleigh County Clerk’s office on Microfilm Roll 116 at page 409.
TOGETHER WITH a non-exclusive utility easement in and under the remainder tract of Albert T. Richards and Constance M. Richards, the Parties of the First Part herein, which said tract is situate between State Route 16 and Delta Route 150. Said utility easement shall be for the purpose of installing, maintaining and from time to time replacing any and all underground gas and sewer utilities, public or private, in and under said right-of-way easement.
Said right-of-way easement shall be thirty (30) feet in width and shall run through the aforementioned remainder tract along the northern boundary line of said tract from State Route 16 to Delta Route 150.
Parcel 2
All that certain tract or parcel of land, together with any appurtenances thereon or belonging thereto, and being more particularly described as follows:
A certain tract or parcel of land situate in Town District, Raleigh County, West Virginia, lying on the north west side of Delta Route 150 and being more particularly described as follows:
Beginning at a point on the north west side of Delta Route 150, thence leaving said road N 54° 33’ 17” W 1127.94 feet to a point, corner to Beaver Coal Corporation, said point being N 45° 21’ 14” E 34.62 feet from a lead plug and tack in a set stone, thence with Beaver Coal Corporation N 45° 21’ 14” E 151.41 feet to a lead plug and tack in a set stone, corner to Gray Lumber Company, thence with Gray Lumber Company S 54° 33’ 15” E 585.52 feet to a 1/2” rebar set, corner to Charles K. Thompson, thence with said Thompson S 17° 30’ 04” W 121.77 feet to a 1/2” rebar set, thence S 54° 33’ 17” E 281.27 feet to a 1/2” rebar set, thence N 17° 30’ 04” E 60.00 feet to a 1/2” iron pipe set; thence S 54° 33’ 17” E 186.79 feet to a 3/8” rebar set on the northwest side of Delta Route 150, said corner being S 17° 30’ 04” W 61.77 feet from a 1/2” rebar set, thence with said road S 17° 30’ 04” W 95.00 feet to the beginning containing 2.73 acres more or less as shown on a plat entitled, “PLAT OF SURVEY FOR CHARLES K THOMPSON, DISTRICT: TOWN, COUNTY: RALEIGH WEST VIRGINIA DATE: AUGUST 1997 PROJECT NO. 206-1191L SCALE 1”=200’, WILLIAM L TONEY, JR., L.L.S., 1308, BRACKENRICH & ASSOCIATES, INC., CONSULTING ENGINEERS & SURVEYORS, LEWISBURG-SUTTON, WV,” a copy of which is attached to that certain deed recorded in the Raleigh County Clerk’s office on Microfilm Roll 129 at page 2132.
EXCEPTING AND RESERVING HOWEVER any portion of the above-described tract or parcel of land that is included in the description in that certain Deed dated the 3rd day of March, 1965 from. R.A. Warden and Lourine Warden, his wife, to Sidney Burton Callison and Etta Elizabeth Callison, his wife, recorded in the Raleigh County Commission Cleric’s Office in Deed Book 438, at page 485 as follows:
BEGINNING at a stake in the common boundary line between a 27.68 acre tract of land owned by R.A. Warden and Beaver Coal Corporation’s tract 17 (A.E. Huddleston), said point being N 53° 57’ W 525.83 feet from a set stone in said boundary line on the western right of way line of US. Highway No, 16; thence passing into said 27.68 acre tract, N 13° 51’ E 60 feet to a stake; thence N 53° 57’ W 150 feet to a stake; thence S 13° 51’ W 60 feet to a stake in the common boundary line between said 27.68 acre tract and Beaver Coal Corporation’s Tract 17 (A.E. Huddleston); thence along said common boundary line, S 53° 57’ E 150 feet to the point and place of beginning and containing 9,000 square feet.
Parcel 3
That parcel of land situate in Town District, Raleigh County, West Virginia, and being more particularly described as follows:
Beginning at a 1/2” rebar set on the northwest side of Delta Route 150, common corner to Analabs, Inc. and Gray Lumber Company, said corner being North 54° 33’ 15” West 31.64 feet from a P.K. nail set in concrete (found); thence on the common line of Analabs, Inc. and Gray Lumber Company S 54° 33’ 15” E, 300 feet to a point; thence through Gray Lumber Company tract N 17° 30’ 04” E, 15 feet to a point; thence S 54° 33’ 15” E, 300 feet to a point on Delta Route 150; thence S 17° 30’ 04” W, 15 feet to the beginning.
Parcel 4
That certain tract of land situate in Town Tax District, Raleigh County, West Virginia, being more particularly bounded and described as follows:
BEGINNING at 3/8” rebar on Delta Route 150 and following said Delta Route S 17 30’ 04” W a distance of 60 feet to a point; thence N 54 33’ 17” W a distance of 150 feet to a point; thence N 17 30’ 04” E 60 feet to a 1/2” iron pipe; thence S. 54 33’ 17” E 150 feet to the point and place of beginning, and containing 9,000 square feet, more or less. Said tract is partially shown as the southeast corner on the following map; Map entitled “PLAT OF SURVEY FOR CHARLES K. THOMPSON,” dated April, 1997, and of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia on Roll 116, at page 409.
TERMS OF SALE:
1. Cash in hand paid on the day of sale.
2. The sale is made “where is, as is” with no warranty whatsoever.
3. The Successor Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate the property. Any personal property and/or belongings remaining at the property after the foreclosure sale will, subject to the rights of secured creditors, and rights in connection therewith, if any, announced at the time of sale, be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY.
4. Subject to any and all assessments and taxes against said property, and all matters of record in the aforesaid Clerk’s Office senior in priority to the deed of trust under which this sale is being made, including without limitation all prior liens and encumbrances of any nature whatsoever, including, without limitation, the liens for ad valorem taxes assessed against the property.
5. The purchaser shall be responsible for the payment of the transfer taxes imposed by Article 22 of Chapter 11 of the West Virginia Code.
6. If the sale is set aside, the purchaser at such sale may be entitled to only a return of the amount paid less any applicable fees and costs and shall have no further recourse against the Successor Trustee, the Beneficiary, or any other person or entity.
7. The Successor 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.
Given under my hand this 4th day of November, 2024.
Christopher J. Plybon,
Successor Trustee
(1-304-529-6181)