NOTICE OF TRUSTEE’S SALE
NOTICE is hereby given that default having been made under the terms of a Deed of Trust dated May 6, 2015, and of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Trust Deed Book 5058, at page 7088, executed by Tonya R. Prince and Michael L. Prince to Alan R. Terry and Carl W. Roop, Trustees, securing Pioneer Community Bank, which was given to secure the payment of the note therein described, and demand having been made upon the undersigned so to do, the undersigned Trustee, Carl W. Roop will, on the 21st day of April 2021, at the front door of the Raleigh County Courthouse, in the City of Beckley, West Virginia, at 9:00 a.m., sell the property hereinafter described, which property was conveyed in said Deed of Trust, and being more particularly described as follows:
Those certain tracts of lane, together with the improvements thereon, appurtenances thereunto belonging and rights incidental thereto, situate in Daniels, in the Shady Spring district of Raleigh County, West Virginia situate in Daniels, in the Shady Spring district of Raleigh County, West Virginia
BEING Lot No. 2 of Lady Slipper, Inc., as shown on a map entitled “Lady Slipper, Inc., Map Showing Re-Subdivision of Willow Wood Tracts 96, 97, 98, 99 & 100 Shady Spring District, Raleigh County, West Virginia May 21, 1996, Revised: October 19, 1999”, said map being recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Map File 4, Page 212.
And being the same property conveyed to Michael Prince and Tonya Prince by Deed dated the 7th day of May, 2013 from Joy Sexton Napier, formerly known as Joy Sexton, which said Deed is of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Book 5051 at page 6157.
The property is further made subject to the following limitations, restrictions, and uses which shall run with the land, compliance with which maybe enforced by the Grantor its heirs or assigns:
(1) The property hereby conveyed shall be used and occupies for private, single family residential purposes, and not otherwise.
(2) There shall be no mobile homes or double wide mobile homes placed upon said premises nor shall modular-type home construction be permitted.
(3) Any and all buildings placed upon said premises shall be residential purposed only, and there shall not be conducted therefrom ANY COMMERCIAL BUSINESS or endeavor that requires business visits to the premises; however, “phone” type offices will be permitted.
(4) Outbuildings shall be limited to one (1) garage (if garage is detached) and one utility type building. Any such outbuilding shall not be placed upon said premises until such time as the owner shall have built a residence thereon, which would meet all other requirements as set forth in these covenants and requirements. Any and all outbuildings, and/or garages, must be built in keeping with the look, style and same material of the residence art same lot, No metal, portable or pre-packaged utility or outbuilding shall be installed.
(5) Nothing shall be done on such lot which may be or become an annoyance or nuisance to the adjoining property owners, or the neighborhood in which the lot is situated. Keeping chickens, or other fowl, hogs, goats, sheep, cows, livestock or other offensive animals on said lot shall constitute a nuisance, and is therefore prohibited.
(6) The property herein conveyed shall not be divided or subdivided for any reason.
(7) The owner of the property herein conveyed shall riot park or store any vehicle or vehicles upon the street. When a residence is constructed upon said lot, provision will be made for off-street parking for at least two (2) automobiles. Any vehicles kept on said property must be operable, and must bear current registration and a current license plate.
(8) Any pleasure or recreational vehicle (I.E. boats, campers, motor homes, four wheelers, etc.) shall be kept in properly provided area, and this area shall be restricted to behind the front of the house.
(9) Dish antennas over eighteen (18) inches visible from any street or from any adjoining property are prohibited from being located on this property.
ADDITIONALLY, this deed is made subject to the Maintenance Agreement dated July 18, 2000, and of record in the aforesaid Clerk’s Office in Book 5012, at page 171.
Said property will be sold upon the following terms and conditions:
1. Cash in hand on day of sale.
2. The property will be conveyed in an “AS IS” condition by Deed containing Special Warranty of Title, subject to the Internal Revenue Service right of redemption, all property taxes, prior Deeds, validly enforceable prior liens, reservations, encumbrances, restrictions, right-of-ways, easements, covenants, conveyances and conditions of record in the Clerk’s office or affecting the subject property.
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, or remove any personal property and/or belongings remaining at the property.
6. The purchaser(s) at the sale shall be responsible for paying the recording costs and also the tax on the privilege of transferring real property.
7. In the event 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.
CARL W. ROOP, TRUSTEE