TRUSTEES’ SALE OF
VALUABLE REAL ESTATE
Rr 1 Box 67b,
Matoaka, WV 24736
In a Deed of Trust dated December 4, 2007, and duly recorded in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Deed of Trust Book 1129, at page 705 Estate of Steve A. Wiley and Geraldine Wiley and Steve A. Wiley did convey unto Richard (Rick) A. Pill, Trustee, certain real property. The beneficial holder of that Deed of Trust has elected to appoint Terra Abstract Trustee West Virginia, Inc. as substitute trustees by a Substitution of Trustee recorded in the aforesaid Clerk’s Office. Default having occurred under the Deed of Trust and the beneficial holder having instructed the undersigned Trustees to foreclose, this real property will be sold at public auction at the front door of the Mercer County Courthouse, 1501 Main Street, Princeton, West Virginia 24740 on:
March 25, 2021
At 11:05 AM
The property for sale as described by the Deed of Trust is as follows:
All that certain tracts or parcels of land, with improvements thereon and appurtenances thereto belonging, lying on the waters of Mud Lick Branch, a tributary of Widemouth Creek, near the Town of Matoaka, in Rock District, Mercer County, West Virginia, bounded and described as follows:
Parcel No. 1:
BEING a part of Lot No. 1, and beginning at a stake in the left fork and Mud Lick Branch, a tributary of Widemouth Creek and being in line with the boundary of Parcel No. 2, hereinafter described; thence N. 38 Degrees 4` W. 182.4 feet to a stone by a white oak stump on a hill side, and at the corner of a fence; thence N. 50 Degrees 01` W. 69 feet to a stake on the hill side; thence S. 87 Degrees 57` E. 141.4 feet to a stone in line of the Pocahontas Coal & Coke Company Land; thence S. 15 degrees 45` W. 240.6 feet to the point of beginning.
Parcel No. 2:
BEGINNING at a stake at the forks of the Mud Lick Branch of Widemouth Creek; thence N. 15 degrees 45` E. 31.6 feet coming to and running along Lot No. 1 hereinafter described, running 159 feet to a stake in the left fork of the said Mud Lick Branch and situated S. 15 Degrees 45` W. 56.6 feet from a stone in the edge of said left fork; thence leaving said Lot No. 1, S. 42 Degrees 55` E. 124.3 feet to a stake in the right fork of said Mud Lick Branch; thence S. 64.14 W. 142.1 feet to the place of beginning.
Parcel No. 3:
BEING all the rights, interest and titles in that certain spring, reserved in a deed executed by J.A. Thompson and Laura Thompson, his wife, to Eslie Thompson on the 29th day of April, 1932, and of record in the Mercer County Court Clerk`s Office in Deed Book No. 210, at page 232, also the same interest which was conveyed to E. A. Cunningham by a
deed dated the 13th day of October, 1936, made by J. Thompson and Malinda Thompson, his wife, which deed is of record in the Clerk`s Office of the Mercer County Court in Deed Book No. 227 at page 564 to which deed reference is here made for a more complete description.
There is excepted from this conveyance of Lot No. 2, such land as has formerly been conveyed to the State Highway No. 10 Parcel/Tax I.D. # 30/41 Tax ID: 42426 Commonly known as: Rural Route 1 Box 67B, Matoaka, WV 24736.
The purchaser will take the property subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real property.
The purchaser will be responsible for paying any transfer stamp, excise taxes, and recording costs associated with recording the Trustee’s Deed into their name.
The purchaser will be responsible for paying any unpaid property taxes owed to the Sheriff of Mercer County prior to or following the sale directly to the Sheriff.
The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance having priority over the deed of trust referred to herein.
The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance that is junior (“junior claims”) to this Deed of Trust and to
which sufficient notice was not given. In that case, unless such right to notice is waived, the chain of title shall not merge with this Deed of Trust as to those unnoticed deeds of trust, judgments, liens, and other encumbrances and will be subject to a further noticed and published sale under this Deed of Trust pursuant to W.Va. Code 38-1-4, in which bidding shall resume at the last highest bid given. In the event of a surplus of such sale, the mortgagors and noticed junior lienholders are hereby on notice that if such surplus is less than Two Thousand Five Hundred Dollars ($2500.00), then the Substitute Trustee will disburse those proceeds to the most senior interest holder as it sees fit, unless an objection is made in writing.
The Trustees do not guarantee or represent that the boundaries described above are accurate, are not encroached upon, or that any particular structure located on the property is contained within the described boundaries. The property is therefore sold subject to an accurate survey at purchaser’s expense.
The Trustees reserve the right to adjourn the sale, for a time, or from time to time, by announcement at the time and place of sale described above or any adjournment
thereof. Such adjournment will be noticed by posting a notice at the front door of the county courthouse or where such notices are traditionally posted at the county courthouse.
Such notice will include the date and time when such sale will reconvene.
The Trustees reserve the right to reject any and all bids for any reason.
qThe Trustees make no representations as to the condition of the property. The property will be sold in “AS IS” condition.
The Trustees make no representations as to whether the property is occupied. The purchaser is responsible for gaining access and possession of the property. Trustees shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
The purchaser may assign its rights prior to the delivery of the trustee’s deed by a signed request in writing to the trustee; the assignee of the purchaser shall be bound by all terms and conditions applicable to the purchaser.
The Trustees will deliver a trustees’ deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code §38-1-6. The Trustees make no representations and warranties about the title of the real estate to be conveyed. If the Trustees are unable to convey insurable or marketable title to purchaser for any reason, purchaser’s sole remedy is return of deposit.
TERMS OF SALE: Purchaser must bring $9000 cash in hand at the time of sale as a deposit in the form of a certified check or cashier’s check made payable to “Stern & Eisenberg Mid-Atlantic, PC, counsel for Terra Abstract.” Those appearing without their deposit will not be allowed to bid. The balance of the successful purchaser’s bid must be proffered in cash within 30 days of the date of the sale. Purchaser shall pay for transfer stamps and recording fees. Additional terms of sale may be announced prior to the sale.
Terra Abstract Trustee
West Virginia, Inc.
9920 Franklin Square Drive,
Suite 100
Baltimore, MD 21236
(410) 635-5127, (443) 815-3931
www.sterneisenberg.com
ID: 476249