NOTICE OF
SUBSTITUTE TRUSTEE’S SALE
NOTICE is hereby given that, by virtue of the authority vested in the undersigned Substitute Trustee under that certain Deed of Trust dated the 28th day of December, 2018 and executed by WILLIE J. JOHNSON and NATALIE B. JOHNSON, to Justin M. Raber, trustee, Bruner Land Company, Inc., Beneficiary, said Deed of Trust have been duly recorded in the Clerk of the County Court of Fayette County, West Virginia, in Trust Deed Book 1009, at Page 117, under which authority PAUL E. BISER, who was substituted as Trustee under the Deed of Trust by a Notice of Substitution of Trustee dated the 6th day of January, 2022 and recorded in the aforesaid Clerk’s office in Substitute Trustee Book 1061, at Page 514, now acts, by which was conveyed to the said Substitute Trustee the said hereinafter described real estate, to secure the payment of a certain note set out and described therein, ad default having been made under the terms and conditions of said Deed of Trust, and the provisions of said Deed of Trust concerning acceleration having been complied with by the Lender and present holder of the note, and Paul E. Biser having been requested so to do by the owner and holder of said note, shall sell to the highest bidder, on MARCH 1, 2022 at 10:00 o’clock a.m., at the front door of the Court House of Fayette County, West Virginia, the following described real estate:
A tract of land located near the community of Maplewood, situate on the south side of Frazee Ridge Road and on the waters of Parsonage Branch and Shades of Death Creek of Glade Creek in New Haven District, Fayette County, West Virginia and being more particularly described as follows:
Beginning at a 3/4″ x 30″ rebar with a 2 1/2″ aluminum cap (3/4″ rebar, hereafter) set, a corner to Tract #14, from which a 3/4″ rebar set, a corner to Tract #13 and said Tract #14 bears S 61o20’30” W at 1046.20 feet, thence through Bruner Land Company, Inc.’s 494.20 acres for a new division line N 24o09’10” W passing a 3/4″ rebar set on the south side of Frazee Ridge Road at 2551.98 feet, a corner to said Tract 14, from which a 1/4″ rebar set bears S 71o15’50” W at 801.44 feet, in all 2585.31 feet to a point in the centerline of said Frazee Ridge Road, thence leaving said Tract #14 and with said Centerline of Frazee Ridge Road for eight (8) lines N 24o27’10” E 66.44 feet to a point, thence N 45o22’50” E 51.38 feet to a point, thence N 71o05’30” E 49.74 feet to a point, thence S 71o46’00” E 156.15 feet to a point, thence S 81o46’50” E 62.64 feet to a point, thence N 87o06’40” E 95.99 feet to a point, thence N 41o35’40” E 73.83 feet to a point, thence leaving said centerline of Frazee Ridge Road and through said Bruner Land Company, Inc.’s original 494.20 acres a new division line S 45o21’00” E passing a 1/4″ rebar set at 25.04 feet, a corner to Tract #15, from which a 12″ maple, flagged as reference, bears S 05o24’10” E at 3.1 feet, from which a 1/4″ rebar set, a corner to said Tract #16 and Glade Creek Limited’s 101.47 acres bears N 64o58’50” E at 1501.04 feet, in all 3409.22 feet to a 1″ x 30″ with a 2 1/2″ aluminum cap (1″ rebar, hereafter) set on a previous survey performed by Allegheny Surveys, Inc. for Mountain Top Management, LLC in June through August 2006, a corner to said Tract #16 and William J. Fox’s 5.82 acres and William J. Fox’s 16.76 acres, from which a 10″ white oak, marked as reference, bears S 63o28’50 W at 11.0 feet, from which a 1″ rebar set on said previous survey, a corner to said 5.82 acres and said 16.76 acres bears S 27o16’40” E 269.72 feet, and from which a 1″ rebar set on said previous survey, a corner to John G. Nobles’ 117.34 acres bears N 45o41’10” Eat 418.29 feet, thence leaving said 5.82 acres and with said 16.96 acres for two lines S 63o51’00” W 1126.31 feet to a 1″ rebar set on said previous survey, thence S 26o47’10” E 504.23 feet to a 1″ rebar set on said previous survey, a corner to William J. Fox’s 10.78 acres, from which a 10″ white oak, marked as reference, bears N 66o37’10” W at 10.4 feet, from which a 1″ rebar set on said previous survey, a corner to said 16.76 acres, said 10.78 acres and Stanley & Mary McLanahan’s 4.00 acres bears N 82o00’30” E at 457.85 feet, thence leaving said Fox’s 16.96 acres and with said 10.78 acres for two lines S 47o33’50” E 235.97 feet to a 1″ rebar set on said previous survey, from which a 10″ white oak, marked as reference, bears S 87o27’10” W at 7.4 feet, from which a 1″ rebar set on said previous survey, a corner to said 10.78 acres and said 4.00 acres bears S 83o41’30” Eat 317.36 feet, thence S 15o15’50” W 428.47 feet to a 1″ rebar set on said previous survey, a corner to said 10.78 acres and William J. Fox’s 4.99 acres, from which a 12″ white oak, marked as reference, bears N 02o37’30” W at 14.4 feet, from which a I” rebar set on said previous survey, a corner to said 10.78 acres and said 4.99 acres bears S 83o07’03” Eat 818.82 feet, thence leaving said 10.78 acres and with said 4.99 acres for a line S 13o51’30” E 467.59 feet to a I” rebar set on said previous survey on the northern right-of-way limits of WV Primary Route 41, 20 feet from said Route centerline, from which a 1″ rebar set on said previous survey on the northern right-of-way limits if said Route 41, 20 feet from said Route centerline, a corner to said 4.99 acres bears N 89’52’00” E at 332.03 feet, thence leaving said 4.99 acres and with said limits for a line N 89o49’10” W 261.50 feet to a I” rebar set on said previous survey at the intersection of said limits and the centerline of Parsonage Branch, 20 feet from said Route centerline, a corner to Garnette G. and Cecelia Ann Crist’s 0.58 acre tract, thence leaving said limits and with N 21o52’50” W 108.76 feet to a point at the intersection of said Parsonage Branch with said Shades of Death Creek, thence leaving said centerline of said Parsonage Branch and with the centerline of said Shades of Death Creek as it meanders for seventeen (17) lines S 74o42’20” W 59.60 feet to a point, thence S 81o12’20” W 136.75 feet to a point, thence N 60o28’50” W 126.98 feet to a point, thence 69o35’30” W 312.46 feet to a point, thence 04o27’30” E 34.33 feet to a point, thence N 54o01’30” W 146.21 feet to a point, a corner to Bettie Taylor’s 20.60 acres, thence leaving said 20.60 acres and said Jones’ residue of 45 acres 24o09’10” W 25.00 feet to the Point of Beginning containing 86.77 acres, excepting therefrom 0.29 right-of-way acres, leaving 86.48 net acres, as surveyed on the grid north meridian by Allegheny Surveys, Inc. of Birch River, West Virginia in February through April 2018.
86.77 Acres Fayette County,
West Virginia
TERMS OF THE SALE:
1) The property will be conveyed in an AS IS physical condition by Deed containing no warranty, express or implied subject to the all property taxes, prior deeds, liens, reservations, encumbrances, restrictions, right-of-ways, easements, covenants, conveyances and conditions of record in the Clerk’s office or affecting the subject property. 2) The Purchaser shall be responsible for the payment of the transfer taxes imposed by the West Virginia Code 11-22-1. 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. 3) 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. 4) The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate said property, and any personal property and/or belongings remaining at the property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY. 5) FEDERAL TAX LIEN: In the event that 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 form the date of such sale or the period allowable for redemption under local law, whichever is longer. 6) Pursuant to the Deed of Trust, the Trustee may postpone the sale by public announcement at the time and place designated or by posting a notice of the same. 7) The total purchase price is payable to the Trustee by certified or cashier’s check within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale by certified or cashier’s check.
GIVEN under my hand this 24 day of Jan, 2022.
Paul E. Biser – Trustee –
W.Va. Bar #7319
FREDEKING & BISER LAW
OFFICES, PLLC
511 Eighth Street
Huntington, West Virginia 25701
(304)525-7701
[email protected]