TRUSTEES’ SALE OF
VALUABLE REAL ESTATE
2605 Grassy Branch Rd,
Bluefield, WV 24701
In a Deed of Trust dated August 14, 2017, and duly recorded in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Deed of Trust Book 1340, at page 667 Richard Lester did convey unto Robert Milner, 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:
November 23, 2021
At 11:00 AM
The property for sale as described by the Deed of Trust is as follows:
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF MERCER, STATE OF WEST VIRGINIA, AND IS DESCRIBED AS FOLLOWS:
BEING LOT 29, SECTION 1605 (BLOCK 5) AS SHOWN ON A “MAP SHOWING LOT 9, 10 EDGEMONT DRIVE LOT 29 GRASSY BRANCH CUT-OFF SECTION 1605 BLOCK 5 BLUEFIELD, MERCER COUNTY, WEST VIRGINIA, DATED MARCH 4, 1980, BY WILLIAM H. LOONEY”, SAID MAP IS RECORDED IN THE OFFICE OF THE CLERK` OF THE COUNTY COMMISSION OF MERCER COUNTY AS MICROFILM PLAT NO. 7499, AND MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A ROOF BOLT IN THE EASTERN LINE OF GRASSY BRANCH (ROUTE 21 BY-PASS), SAID BOLT BEING THE SOUTHWEST CORNER OF LOT 28 (AND LOCATED 100.32 FT. SOUTH OF CHAPEL ROAD); THENCE WITH THE SOUTHERN LINE OF LOT 28, N. 70deg. 51` E. 163.32 FT. TO A ROOF BOLT, A COMMON CORNER FOR LOTS 9, 10, 28 & 29; THENCE WITH THE WESTERN LINE OF LOT 10 S. 19deg. 09` E. 50.00 FT. TO A ROOF BOLT, A COMMON CORNER FOR LOTS 10, 11, 29 & 30; THENCE WITH THE EASTERN LINE OF SAID GRASSY BRANCH, SAID BOLT BEING THE NORTHWEST CORNER OF LOT 30, THENCE WITH SAID GRASSY BRANCH N. 24deg. 16` W. 50.20 FT. TO THE POINT OF BEGINNING AND CONTAINING 8054 SQUARE FEET MORE OR LESS.
PARCEL ID: 46-132
Commonly known as 2605 Grassy Branch Road, Bluefield, WV 24701. However, by showing this address, no additional coverage is provided.
Being the same property conveyed to Richard Lester from Irma J. Howington by Deed dated June 28, 2016 and recorded June 30, 2016 among the Land Records of Mercer County, State of West Virginia in Book 1038, Page 528.
Being the same property conveyed to Jimmie C. Howington and Irma J. Howington, as joint tenants with the right of survivorship and not as tenants in common from Fannie Mae (aka Federal National Mortgage Association), a corporation by Deed dated October 12, 2006 and recorded October 18, 2006 among the Land Records of Mercer County, State of West Virginia in Book 903, Page 44 Instrument No. . Jimmie C. Howington departed this life on June 1, 2013, thereby vesting Fee Simple title in Irma J. Howington, his surviving joint tenant by operation of law.
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 §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 $2,000.00 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: 539714