TRUSTEES’ SALE OF VALUABLE REAL ESTATE
309 Mt Tabor Rd,
Beckley, WV 25801
In a Deed of Trust dated June 21, 2002, and duly recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed of Trust Book 5007, at page 4471 Monica Schomaker and Warren A. Schomaker did convey unto James B. Crawford III, 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, Beckley, West Virginia 25801 on:
August 11, 2021
At 03:00 PM
The property for sale as described by the Deed of Trust is as follows:
The surface of those certain lots or parcels of land, together with all the appurtenances thereunto belonging, located near Mt. Tabor Church, in Town District, Raleigh County, West Virginia, and bounded and described as follows:
TRACT ONE:
The surface of the following lot or parcel of land, together with all the appurtenances thereunto belonging, located near Mt. Tabor Church, in Town District, Raleigh County, West Virginia, and bounded and described as follows:
BEGINNING at a crab apple tree on the Mt. Tabor-Cabell Road, a corner to E. M. Huffman; thence with the road, S 22 41 W 133.4 feet to a fence post, a corner to D. J. Clay; thence leaving the road S 66 02 E 71.4 feet to a point near the corner of a garage; thence S 19 30 W 9.16 feet to a fence post by a lane; thence with the lane S 55 12 E 86.16 feet; S 86 00 E 34.2 feet; N 88 53 E 186.0 feet to a fence post, a corner to Mrs. Kidwell; thence with latter N 21 29 E 132.4 feet to an angle bar; thence with E. M. Huffman N 76 13 W 360.00 feet to the beginning, containing 1.26 acres, more or less.
TRACT TWO:
The surface of that certain tract or parcel of land situate in Town District, Raleigh County, West Virginia, which is bounded and described as follows, to wit:
BEGINNING at a Crab Apple Tree, a corner to D. J. Clay, in the edge of the State Road; thence with said Road; N 23deg. 15′ E 308.3 feet to a set stone in the edge of a 22 foot right of way joining Cecil Christian; thence with said right of way S 76deg. 13′ E 340 feet to a set stone, a corner to Carlie McGhee; thence with Carlie McGhee`s line N 76deg. 13′ W 360 feet to the beginning, containing 2.72 acres, more or less, which tract is shown on a blueprint attached to that certain Deed of record in Deed Book 147, at page 247.
There is EXCEPTED and RESERVED from TRACT ONE and TRACT TWO the following conveyances:
(1) The surface of 0.31 acres, more or less, as conveyed by Doff Eugene Huffman, et al, by Deed in 1965, of record in the aforesaid Clerk’s Office in Deed Book 438, at page 437;
(2) The surface of 0.33 acres, more or less, as conveyed to James Robert Bennett, et al, by Deed in 1971, of record in the aforesaid Clerk’s Office in Deed Book 495, at page 579;
(3) The surface of 0.33 acres, more or less, as conveyed to Charles Emit Farley, et al, by Deed in 1973, of record in the aforesaid Clerk’s Office in Deed Book 495, at page 579;
(4) The surface of 0.27 acres, more or less, as conveyed to Doff Eugene Huffman, et al, by Deed dated in 1973, of record in the aforesaid Clerk’s Office in Deed Book 528, at page 170;
(5) The surface of 0.68 acres, more or less, as conveyed to Cecil E. Huffman, et al, by Deed in 1973, of record in the aforesaid Clerk’s Office in Deed Book 528, at page 172;
(6) The surface of 0.11 acres, more or less, as conveyed to Charles Emit Farley, et al, by Deed in 1979, of record in the aforesaid Clerk’s Office in Deed Book 610, at page 190;
(7) The surface of 0.83 acres, more or less, as conveyed to Doff Eugene Huffman, et al, by Deed in 1981, of record in the aforesaid Clerk’s Office in Deed Book 638, at page 709;
(8) The surface of 0.93 acres, more or less, as conveyed to Chris Miller and Toni Miller, by Deed in 2001, of record in the aforesaid Clerk’s Office in Deed Book 5005, at page 419;
TRACT THREE:
The surface of that certain lot or parcel of land, together with all the appurtenances thereunto belonging, located near Mt. Tabor Church, in Town District, Raleigh County, West Virginia, bounded and described as follows:
BEGINNING at an iron pin in the edge of a 22 foot right of way, a corner to E. M. Huffman, thence with said right of way S 76 13 E 120 feet to an iron pin, a corner to Robert and Frances Bennett; thence with Robert and Frances Bennett’s line S 19 46” W 120 feet to a set post, corner to E. M. and Alice Marie Huffman, thence with latter, N 76 13” W 120 feet to an iron pin, a corner to E. M. and Alice Marie Huffman, thence with latter, N 19 46” E 120 feet to the beginning, containing .33 acres, more or less.
TRACT FOUR:
The surface of a 0.11 acre tract located in the vicinity of Mt. Tabor, Town District, Raleigh County, West Virginia, being more particularly bounded and described as follows:
BEGINNING at a fence post on the east edge of Mt. Tabor Road, a common corner to the tract herein conveyed and a tract formerly owned by C. E. and Ada Christian; thence leaving said Road and with the Christian line, S 67deg. 44′ E 214.99 feet to a fence post; thence S 9deg. 13′ W 25.28 feet to a point; thence N 66deg. 53′ W 216.46 feet to a hub on the east edge of Mt. Tabor Road; thence with Mt. Tabor road, N 5deg. 13′ E 21.78 feet to the point and place of beginning, containing 0.11 acres, more or less, which is the same 0.11 acres tract shown on a map entitled ”MAP SHOWING TWO PARCELS OF PROPERTY PINE VILLA SUBDIVISION LOCATED IN THE VICINITY OF MT. TABOR TOWN DISTRICT, RALEIGH COUNTY, W.VA. OWNED BY BECKLEY REALTY COMPANY, Scale: 1” = 30′ Date: August 6, 1975,” which map is of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Book 562, at page 46A.
And being the same property acquired by Eldridge Hundley Jr. and Brenda Hundley, his wife, by Deed dated June 25, 2001, from Doff Eugene Huffman, Executor of the Last Will & Testament of Alice Marie Huffman, and Charles Emit Farley and Rose Jeanett Farley, recorded in the aforesaid Clerk’s Office in Deed Book 5004, at page 8694.
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 $3,000.00 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
www.sterneisenberg.com
ID: 512450