Legal Notice


1216 Augusta Street,
Bluefield, WV 24701

In a Deed of Trust dated December 11, 2015, and duly recorded in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Deed of Trust Book 1308, at page 629 Russel Stinson Jr did convey unto Stacey S. Temple, 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:

August 13, 2021
At 10:00 AM

The property for sale as described by the Deed of Trust is as follows:
“the certain tract as shown upon Map bearing the legend “MAP SHOWING LOT 7 SECTION 1012 AUGUSTA STREET, BLUEFIELD, MERCER CO., WV JOB NO. 96046 DATE: 3-3-96, SCALE 1” = 20` DRAWN BY: ELF /s/WILLIAM H. LOONEY, JR., P.E. and more particularly bounded and described as follows:

“Beginning at a rebar in the northern right-of-way line of August_ Street, said rebar being the southwest corner of Lot 8 and the southeast corner of the herein described tract; thence along said right-of-way S 60 degrees 23 minutes W 51.20 ft. to a rebar: thence leaving said right-of-way and along the dividing line of Lots 6 and 7 N 17 degrees 06 minutes W 178.00 ft. to a rebar; thence along the southern right-of-way line of a 15 ft. alley N 72 degrees 47 minutes 23 seconds E 49.98 ft. to a rebar, thence leaving said right-of- way and along the dividing line of Lots 7 and 8 S 17 degrees 06 minutes E 167.00 ft. to the point of BEGINNING and containing 8,622 sq. ft. more or less.”

AND BEING the same real estate conveyed unto the Party of the First Part herein by deed dated December 7, 2015, from Cheryl A Fielitz-Scarbrough, et al, which deed is intended to be recorded simultaneously herewith.

“This conveyance is made subject to any and all easements, conditions, restrictions and covenants now of record in said Clerk`s Office, to the extent that the same may lawfully affect the property herein conveyed and subject to such matters as would be revealed by a careful inspection of the premises.”

There is further quit claimed, remised and released unto the Party of the Second Part all of the Parties of the First Part`s right, title and interest in and to that property set forth in a Deed of Release and Quitclaim between Danny C. Diamondidis, et al, and Roual E. Ferris and Rita M. Ferris, which deed is of record in said Clerk`s Office in Deed Book 768, at page 437.

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 ($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 ยง38-1-6. 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 $6,000.00 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

ID: 509583