TRUSTEES’ SALE OF
VALUABLE REAL ESTATE
402 East Prince Street,
Beckley, WV 25801
In a Deed of Trust dated July 12, 2006, and duly recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed of Trust Book 5022, at page 9926 Linda M Polly did convey unto Andrew Valentine, Esq, 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 Raleigh County Courthouse, 215 Main Street, Raleigh County Courthouse, Beckley, WV 25801 on:
August 20, 2025
At 12:00 PM
The property for sale as described by the Deed of Trust is as follows:
All of the following pieces or parcels of real estate, together with any appurtenances thereunto belonging, situate in Section 41 of the Mccreery Court Addition to the City of Beckley, Raleigh County, West Virginia, a map of said McCreery Court Addition being recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Book No. 63, at page 338, and the property hereby conveyed being more particularly described as
follows:
SURFACE ONLY: Lot 10 and Part of Lot 11 of McCreery Court Addition to the City of Beckley BEGINNING at a steel pin (set) at the intersection of East Prince Street and with the common line between Lots 11 and 12, S 26° 00` W., McCreery Court Addition; thence leaving Powerline Drive and with the common line between the southern right-of- way line of East Prince Street and Lots 10 and 11, S. 64° 00` E., 90.20 feet to a steel pin (set), said point being a common corner to Lots 11 and 12; thence leaving East Prince 123.20 feet to a P/K nail (set) in the common line between Lots 11 and 12; thence leaving Lot 12 and with a new line through Lot 11, N. 64° 00` W., 11.76 feet to a P/K nail (set) in the eastern right-of-way line of Powerline Drive; thence with Powerline Drive and Lots 10 and 11, N. 6° 29` W., 146.05 feet to the point of BEGINNING, and containing 6,280.9 square Feet more or less.
EXCEPTING and RESERVING from this conveyance and from Lots 11 and 12 aforesaid, those parts or portions of land which have heretofore been conveyed by the first parties, Donald 0. Payne and Patsy Ann Payne, his wife, by deed dated June 12, 1996 to Randall K. Kerbawy and Patricia L. Kerbawy, his wife, and of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Microfilm Roll 94 at page 1586 to which deed express reference is herby made for a more particular description of said parts and portions heretofore conveyed out of Lots 11 and 12 aforesaid.
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 Raleigh 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 ($2,500.00), 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.
The 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 $7000 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, PC, counsel for Terra Abstract Trustee West Virginia, Inc.” 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.
1581 Main Street, Suite 200
The Shops at Valley Square
Warrington, PA 18976
(215) 572-8111,
Fax: (215) 572-5025