TRUSTEES’ SALE OF
VALUABLE REAL ESTATE
4084 Beckwith Road,
Fayetteville, WV 25840
In a Deed of Trust dated August 1, 2018, and duly recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed of Trust Book 1001, at page 520 Gregory Collins, married man, did convey unto PAUL O. CLAY, JR. & BRANDON STEELE, 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 Fayette County Courthouse, 100 Court Street, Fayetteville, West Virginia 25840 on:
July 6, 2022
At 12:00 PM
The property for sale as described by the Deed of Trust is as follows:
BEGINNING AT A REBAR SET ON THE NORTH RIGHT OF WAY LINE OF WEST VIRGINIA STATE ROUTE 16, CORNER TO LONNIE D. & DOVIE CHRISTIAN’S 2.7 AND 15.93 ACRE TRACTS, SAID POINT ALSO BEING A CORNER TO THE TRACT HEREIN DESCRIBED; THENCE LEAVING ROUTE 16 AND WITH CHRISTIAN, NORTH 24 29′ 02″ EAST, A DISTANCE OF 451.74 FEET TO A REBAR FOUND, CORNER TO CHRISTIAN’S 2.7 ACRE AND 15.93 ACRE TRACTS AND THE TRACT HEREIN DESCRIBED; THENCE LEAVING SAID 2.7 ACRE TRACT AND THROUGH CHRISTIAN’S 15.93 ACRE TRACT, OF WHICH THIS IS A PART, NORTH 89 12′ 53″ EAST, A DISTANCE OF 315.90 FEET TO A REBAR SET ON A LINE BETWEEN CHRISTIAN’S 15.93 ACRE TRACT AND STEVE E. WADE’S 19.856 ACRE TRACT, SAID POINT BEING A CORNER TO THE TRACT HEREIN DESCRIBED; THENCE WITH WADE`S 19.856 ACRE TRACT, FOR A PART, AND ROY & BOBBY NEFF’S 0.95 ACRE TRACT, FOR A PART, SOUTH 05 49′ 20″ WEST, PASSING A REBAR FOUND, CORNER TO NEFF, AT A DISTANCE OF 370.98 FEET, FOR A TOTAL DISTANCE OF 406.21 FEET TO A REBAR SET ON THE NORTH RIGHT OF WAY LINE OF AFOREMENTIONED ROUTE 16, CORNER TO THE TRACT HEREIN DESCRIBED; THENCE WITH THE NORTH RIGHT OF WAY LINE OF ROUTE 16 THE FOLLOWING FIVE (5) CALLS, SOUTH 89 12′ 53″ WEST, A DISTANCE OF 277.87 FEET TO A REBAR SET; THENCE NORTH 00 47′ 07″ WEST, A DISTANCE OF 5.00 FEET TO A REBAR SET; THENCE SOUTH 89 12` 53″ WEST, A DISTANCE OF 140.00 FEET TO A REBAR SET; THENCE SOUTH 89 12′ 53″ WEST, A DISTANCE OF 44.12 FEET TO THE BEGINNING AND CONTAINING 3.581 ACRES, MORE OR LESS, AS SHOWN ON A MAP OR PLAT RECORDED IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF FAYETTE COUNTY, WEST VIRGINIA IN DEED BOOK 573, AT PAGE 487, ENTITLED, PLAT OF SURVEY A 3.581 ACRE TRACT FOR LONNIE D. & DOVIE CHRISTIAN SITUATE IN NEW HAVEN DISTRICT, FAYETTE COUNTY, WEST VIRGINIA, SCALE 1″ = 100′, JUNE 2000″, SURVEYED BY HESCO LAND SURVEYING.
THERE IS HEREBY RESERVED AND EXCEPTED FROM THE ABOVE-REFERENCED CONVEYANCE THE FOLLOWING DESCRIBED REAL PROPERTY:
A TRACT OF LAND SITUATE ON THE NORTH SIDE OF STATE ROUTE 16 IN NEW HAVEN DISTRICT, FAYETTE COUNTY, WEST VIRGINIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A REBAR ON THE NORTH RIGHT OF WAY LINE OF THE ABOVE MENTIONED ROAD, CORNER TO LONNIE D., JR.. &. MARY CHRISTIAN’S 3.581 ACRE TRACT, A MAP OF WHICH IS RECORDED IN THE OFFICE OF THE CLERK OF FAYETTE COUNTY, WEST VIRGINIA, IN DEED BOOK 573 AT PAGE 487, AND THE TRACT HEREIN DESCRIBED, SAID REBAR ALSO BEING CORNER TO LONNIE D. & DOYLE CHRISTIAN’S 2.7 ACRE TRACT; THENCE WITH SAME, NORTH 24 29′ 02″ EAST, A DISTANCE OF 187.76 FEET TO A POINT, CORNER TO THE TRACT HEREIN DESCRIBED, SAID POINT ALSO BEING CORNER TO A 20 FOOT WIDE EASEMENT; THENCE LEAVING CHRISTIAN’S 2.7 ACRE TRACT AND THROUGH LONNIE D. JR., & MARY CHRISTIAN`S 3.581 ACRE TRACT. OF WHICH THIS IS A PART, WITH SAID EASEMENT, SOUTH 11 49′ 35″ EAST, A DISTANCE OF 162.81 FEET TO A POINT ON THE AFOREMENTIONED NORTH RIGHT OF WAY LINE OF STATE ROUTE 16, CORNER TO SAID EASEMENT AND THE TRACT HEREIN DESCRIBED, SAID POINT ALSO BEING ON THE SOUTHERN BOUNDARY LINE OF LONNIE D., JR., & MARY CHRISTIAN’S 3.581 ACRE TRACT; THENCE WITH SAID RIGHT OF WAY AND THE 3.581 ACRE TRACT THE FOLLOWING THREE CALLS, SOUTH 89 12′ 53″ WEST, A DISTANCE OF 67.21 FEET TO A REBAR, CORNER TO THE TRACT HEREIN DESCRIBED; THENCE SOUTH 00 47′ 07″ EAST, A DISTANCE OF 10.00 FEET TO A REBAR, CORNER TO THE TRACT HEREIN DESCRIBED; THENCE SOUTH 89 12′ 5311 WEST, A DISTANCE OF 44.12 FEET TO THE BEGINNING AND CONTAINING 0.205 ACRES, MORE OR LESS, AS SHOWN ON A MAP OR PLAT. ALL BEARINGS TAKEN FROM THE DEED MERIDIAN. THIS DESCRIPTION WAS PREPARED FROM A SURVEY DONE BY HESCO LAND SURVEYING COMPANY IN JUNE, 2000 AND MAPPED AND DESCRIBED BY PRECISION SURVEY, PLLC, IN DECEMBER OF 2014.
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 Fayette 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 $11,000.00 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, 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. 9920 Franklin Square Drive,
Suite 100
Baltimore, MD 21236
(410) 635-5127, (443) 815-3931
www.sterneisenberg.com