NOTICE OF TRUSTEE’S SALE
NOTICE IS HEREBY GIVEN that by virtue of that certain Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing (the “Deed of Trust”) dated June 30, 2022, made by Harris Family Holdings, LLC to Public Trustee of Raleigh County, West Virginia, Trustee, of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Trust Deed Book 5077, at page 604, to secure PB Financing LLC in the payment of the sum of Seven Hundred Fifty Thousand and 00/100 Dollars ($750,000.00), evidenced by a negotiable promissory note bearing even date therewith, and pursuant to West Virginia Code § 38-1-13, wherein PB Financing LLC is authorized and empowered to designate and appoint one or more substitute trustees in the place and stead of the trustees named in the Deed of Trust, and the undersigned, Arthur M. Standish and Sarah C. Ellis, having been so appointed by the terms of a Designation of Substitute Trustee placed of record in said Clerk’s office in Book 5083, at page 2835, and default having been made in the payment of said indebtedness and the Substitute Trustees having been requested in writing so to do by PB Financing LLC, the owner and holder of said note, said Substitute Trustees, on
TUESDAY, DECEMBER 10, 2024, AT 2:30 P.M. EASTERN TIME
will offer for sale and sell at public auction at the front door of the Raleigh County Courthouse, 222 Main St. Beckley, WV 25801, for the property described below to the highest bidder therefore, the surface of the following lots or parcels of land, to-wit:
TRACT ONE:
That certain lot or parcel of land designated as Lot No. 4 on a map styled, “Revised Map of Lots 1-2-3-4 & 5 of Combs Addition to Beckley, W.Va., dated January 15, 1941, B.B. Gunnoe, Engr.”, which map is duly of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, and which said lot is more particularly described as follows:
BEGINNING at a point on Valley Drive (formerly Meador Avenue), which point is a common corner to Lots 4 and 5; thence with the dividing line between Lots 4 and 5, S 71° E. 168 feet to the back line of said lots; thence N. 10° 45’ E. 40.4 feet to a point, a common corner of Lots 3 and 4; thence with the dividing line between Lots 3 and 4, N 71° W. 164 feet to the point on Valley Drive; thence with Valley Drive 40.3 feet to the point of beginning.
TRACT TWO:
That certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in the City of Beckley, Raleigh County, West Virginia, and being Lot No. 5 of the Combs Addition, as shown on a map of said Addition of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Book 68, at page 32. On the aforementioned map, said Lot No. 5 is shown as fronting fifty (50) feet on Meadows Avenue and extending back between parallel lines with Lot Nos. 4 and 6 a distance of one hundred sixty-eight (168) feet to Railroad Avenue and bordering thereon fifty (50) feet.
And being the same property conveyed to Harris Family Holdings, LLC, a Virginia limited liability company by deed dated February 29, 2008, from Frances A. Klaus and David Richard Klaus, husband and wife of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Deed Book 5030, at page 6247.
There is EXCEPTED and RESERVED, that certain 1,325 square feet, more or less tract of land, including part of the right-of-way of the present traveled Valley Drive, conveyed by James Bland and Gertrude Bland, his wife, by deed dated February 15, 1949, to the State of West Virginia by the State Road Commission of West Virginia, a corporation, recorded in the aforesaid Clerk’s Office in Deed Book 269, at page 452.
The sale of said property will be made subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases, and other servitudes of record, if any, pertaining to said real estate, and any and all unpaid taxes assessed against said property.
Joe R. Pyle Auction Service will assist with the sale and shall require a 10% buyers premium payable directly to Joe R. Pyle Auction Service at the sale. Any sale hereunder may be adjourned from time to time without notice other than oral proclamation at the time and place appointed for the sale. The Substitute Trustees reserve the right to reject any or all bids. Conveyance shall be by special warranty deed, and purchaser shall pay for all transfer stamps, recording fees, and other closing costs.
TERMS OF SALE: Ten percent (10%) of the sales price shall be paid by cash, cashier’s check, or check guaranteed by bank letter of credit in acceptable form, in hand on the day of sale (the “Good Faith Deposit”), with the balance to be paid in cash at closing within 30 days after the date of sale and such additional terms required by the sale agreement to be entered into by a successful bidder. Additional terms of sale may be announced before the sale.
At public sale any person or entity may bid and may purchase any real estate sold if they be the highest bidder. If the real estate is sold for an amount in excess of the outstanding balance of the mortgage, together with all interest, unpaid real estate taxes and costs, said excess must be used to satisfy any other encumbrances on said property and after all said encumbrances are satisfied together with all interest and costs, any excess then remaining must be paid to the Grantor. If the Grantor or any person holding an encumbrance cannot be found after a diligent search, the money shall be paid into the circuit Court of the county for the benefit of the Grantor of the holder of any such encumbrance.
Any questions or inquiries regard the sale can be direct to the substitute trustee at 304-353-8000.
Dated: October 30, 2024.
Arthur M. Standish, Substitute Trustee
Steptoe & Johnson PLLC
P.O. Box 1588
Charleston, WV 25326
ID: 836738