NOTICE OF TRUSTEE’S SALE
NOTICE IS HEREBY GIVEN that by virtue of a certain Deed of Trust (the “Deed of Trust”) dated May 27, 2015, made by Jade Investments, LLC to Chicago Title Company, Trustee, of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Trust Deed Book No. 5058, at page 9163, to secure B2R Finance L.P. in the payment of the sum of $925,000.00, evidenced by a negotiable promissory note bearing even date therewith, said Deed of Trust was assigned by mesne assignments of record and ultimately by Assignment of Deed of Trust, Assignment of Assignment of Leases and Rents, Security Agreement and Fixture Filing dated February 10, 2022 and effective July 9, 2021, made by Wilmington Trust, National Association, for the benefit of the Holders of B2R Mortgage Trust 2015-2 Mortgage Pass-Through Certificates and assigns to K&S Note 1, LLC and K&S Note 1, LLC being authorized and empowered to designate and appoint one or more substitute trustees in the place and stead of the trustee named in the Deed of Trust and the undersigned, Sarah C. Ellis and/or Charles R. Russell was so appointed by the terms of a Designation of Substitute Trustee of record in said Clerk’s office, and default having been made in the payment of said indebtedness and said Substitute Trustee having been requested in writing so to do by K&S Note 1, LLC owner and holder of said note, said Substitute Trustee, on
THURSDAY, SEPTEMBER 15, 2022, AT 11:00 A.M. EASTERN TIME
will offer for sale and sell at public auction at the front door of the Raleigh County Courthouse, 222 Main St. Beckley, WV 25801, for the property described below to the highest bidder therefore, which is comprised of a portion of that certain tract or parcel of land, together with the buildings thereon, and the easements, rights of way and appurtenances thereunto belonging and being more particularly bounded and described as follows:
98 Goodman Dr Upper/Lower Beckley, WV 25801
Town District, Raleigh County
Parcel Identification Number
11-7006-00320001
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF RALEIGH, STATE OF WEST VIRGINIA AND IS DESCRIBED AS FOLLOWS BEGINNING AT A ½ REBAR FOUND ON LINE OF LOT 76 THENCE LEAVING SAID LOT AND RUNNING WITH A NEW LINE THRU LOT 75 IN PART THEN THRU LOT 74N 28 29 W 107 36 FEET TO A ½ REBAR ON THE SOUTHERN RIGHT OF WAY LINE OF GOODMAN DRIVE (COUNTY ROUTE 16/63) THENCE WITH SAID RIGHT OF WAY LINE OF GOODMAN DRIVE N 45 53 E 69 94 FEET TO A ¾ STEEL PIPE FOUND AT THE COMMON CORNER OF LOTS 74 AND 117 THENCE LEAVING SAID RIGHT OF WAY LINE OF GOODMAN AND RUNNING WITH LOT 117 S 29 49 124 61 FEET TO A ½ STEEL PIPE FOUND ON LINE OF LOT 76 THENCE LEAVING LOT 117 AND WITH LOT 76 S 60 11 W 26 FEET TO THE POINT OF BEGINNING AND CONTAINING 7 993 SQUARE FEET (0 183 ACRE) MORE OR LESS AND SHOWN ON A PLAT PREPARED BY EASTERN SURVEYING INC ENTITLED PLAT SHOWING BOUNDARY SURVEY OF RESIDUE OF PART OF LOTS 74 & 75 OF PROSPERITY HOMES SUBDIVISION NO 1 SITUATED AT PROSPERITY TOWN DISTRICT RALEIGH COUNTY WEST VIRGINIA OWNED BY A DONNA FAYE WOOD TO BE CONVEYED TO JOSHUA CONAWAY SCALE 1 = 50 DATED SEPTEMBER 23, 2004.
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Address 100 W Cherokee Avenue Beckley, WV 25801
Town District, Raleigh County
Parcel Identification Number
11-1003-00280001
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF RALEIGH STATE OF WEST VIRGINIA AND IS DESCRIBED AS FOLLOWS ALL THAT CERTAIN LOT TRACT OR PARCEL OF LAND TOGETHER WITH THE IMPROVEMENTS THEREON AND THE APPURTENANCES THERE UNTO BELONGING SITUATE IN TOWN DISTRICT COUNTY OFF RALEIGH AND STATE OF WEST VIRGINIA BEING KNOWN AND DESIGNATED AS A METES AND BOUNDS PROPERTY IN ROLL 138 AT PAGE 2863 RALEIGH COUNTY RECORDS AND SET FORTH AS FOLLOWS BEGINNING AT A POINT (POB TCB) ON THE WESTERLY RIGHT OF WAY LINE OF MELLON STREET (FORMALLY HANCOCK STREET) THENCE WITH SAID LINE OF MELLON STREET S 05 DEGREES 43 W A DISTANCE OF 80 64 FEET TO A POINT AT THE INTERSECTION OF THE WEST RIGHT OF WAY LINE OF MELLON STREET WITH THE NORTH RIGHT OF WAY LINE OF CHEROKEE STREET THENCE WITH THE LINE OF SAID CHEROKEE STREET N 77 DEGREES 50 W A DISTANCE OF 60 61 FEET TO A POINT MAKING THE COMMON CORNER OF THE TEMPORARY CONSTRUCTION EASEMENT (TCE) THENCE LEAVING THE LINE OF CHEROKEE STREET RUNNING WITH SAID EASEMENT THROUGH AND OVER THE LOTS 16 AND 17 THE FOLLOWING THREE (3) TIMES LINES 1) N 12 DEGREES 07 E A DISTANCE OF 52 16 FEET TO A POINT THENCE 2) N 49 DEGREES 47 E A DISTANCE OF 20 68 FEET TO A POINT THENCE 3) N 85 DEGREES 36′ E A DISTANCE OF 40 65 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 4020 SQUARE FEET OR 0 992 ACRES MORE OR LESS AS SHOWN UPON A PLAT ENTITLED SURVEY OF PROPERTY TO BE AQUIRED FROM LINDA FOX FOR TRACT 35 PREPAIRED BY S & S ENGINEERS INC 501 EAGLE MOUNTAIN ROAD CHARLESTON WEST VIRGINIA AND BEARING THE SIGNATURE AND SEAL OF RANDY BROOKS CRACE WEST VIRGINIA PROFESSIONAL SURVEYOR NUMBER 756 DATED DECEMBER 9, 1997.
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101 Temple St Beckley, WV 25801
Beckley District, Raleigh County
Parcel Identification Number
01-12-02190000
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF RALEIGH STATE OF WEST VIRGINIA AND IS DESCRIBED AS FOLLOWS TRACT ONE 101 TEMPLE ST LOT OR PARCEL OF LAND IN EAST PARK ADDITION TO THE CITY OF BECKLEY RALEIGH COUNTY WEST VIRGINIA LOCATED AT THE CORNER OF TEMPLE STREET AND FIRST STREET (WHITESTICK STREET) AND BOUNDED AND DESCRIBED AS FOLLOWS BEGINNING AT THE INTERSECTION OF FIRST STREET (WHITESTICK STREET) AND TEMPLE STREET IN SAID EAST PARK ADDITION THENCE FOLLOWING TEMPLE STREET S 71 50 E 52 FEET TO A STAKE THENCE N 12 22 E 100 FEET TO A STAKE THENCE N 71 50 W ABOUT 70 FEET TO FIRST STREET (WHITESTICK STREET) THENCE WITH SAID FIRST STREET (WHITESTICK STREET) S 1 30 W 100 FEET TO THE BEGINNING AND BEING THE SAME PROPERTY ACQUIRED BY MIKE M J MERRICK AND BRENDA S MERRICK HUSBAND AND WIFE BY DEED DATED DECEMBER 14 2004 FROM SALLY YOUNG AND DON BUNCH RECORDED IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF RALEIGH COUNTY WEST VIRGINIA IN DEED BOOK 5016 AT PAGE 677 TRACT TWO 400 F STTHE SURFACE OF THE FOLLOWING DESCRIBED TRACT OF REAL ESTATE SITUATED IN BECKLEY TOWN DISTRICT RALEIGH COUNTY STATE OF WEST VIRGINIA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS LOT 22 ( TWENTY TWO) OF THE WILDWOOD ADDITION TO THE CITY OF BECKLEY W VA AS SHOWN UPON A MAP OF SAID ADDITION RECORDED IN THE OFFICE OF THE CLERK OF THE COUNTY COURT OF RALEIGH COUNTY WEST VIRGINIA IN DEED BOOK 58 AT PAGE 538.
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102 Ball St Beckley, WV 25801
Beckley District, Raleigh County
Parcel Identification Number
01-11-01100000
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF RALEIGH STATE OF WEST VIRGINIA AND IS DESCRIBED AS FOLLOWS BEGINNING AT A STAKE ON THE SOUTH SIDE OF BALL STREET BEING THE COMMON CORNER OF LOTS NO 3 AND 4 THENCE WITH THE COMMON DIVIDING LINE OF LOTS 3 AND 4 47 FEET TO A STAKE BEING THE COMMON BACK CORNER OF LOTS NO 2 AND 3 THENCE WITH THE DIVIDING LINE OF SAID LOTS NO 2 AND 3 38 FEET TO A STAKE THENCE WITH A NEW LINE THROUGH SAID LOT NO 3 AND PARRALEL TO THE FIRST MENTIONED LINE 47 FEET TO A STAKE ON SAID BALL STREET THENCE WITH SAID BALL STREET 38 FEET TO THE POINT OF BEGINNING
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Address 115 and 115 ½ Mason St., Beckley WV 25801
Beckley District, Raleigh County
Parcel Identification Number
01-12-01040000
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF RALEIGH STATE OF WEST VIRGINIA AND IS DESCRIBED AS FOLLOWS BEGINNING AT A STAKE ON THE NORTHERN RIGHT OF WAY LINE OF MASON STREET WHICH IS THE SOUTHWEST CORNER OF LOT 4 OF THE A B MAXWELL AND OTHERS PROPERTY ON MASON STREET THENCE WITH THE WESTERN BOUNDARY LINE OF SAID LOT NO 4 IN A NORTHERLY DIRECTION A DISTANCE OF APPROXIMAATELY 97 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND WHICH WAS CONVEYED BY ALFRED QUESENBERRY AND ALMA QUESENBERRY HIS WIFE TO JAMES HAY PAGE AND MARY LUCILLE PAGE HIS WIFE BY DEED DATED THE 28TH DAY OF JANUARY 1953 WHICH DEED IS RECORDED IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF RALEIGH COUNTY WEST VIRGINIA IN DEED BOOK 321 AT PAGE 501 THENCE WITH THE SOUTHERLY BOUNDARY LINE OF THE JAMES HAY PAGE AND MARY LUCILLE PAGE PROPERTY AND THROUGH LOT NO 4 IN AN EASTERLY DIRECTION AND 12 FEET NORTH OF THE BASEMENT WALL OF AN APARTMENT HOUSE TO THE INTERSECTION OF THE EASTERN LINE OF SAID LOTS NOS 3 AND 4 AND WHICH IS ALSO THE SOUTHEAST CORNER OF THE PAGE PROPERTY THENCE WITH THE COMMON BOUNDARY LINE OF LOTS NOS 3 AND 4 IN A SOUTHERLY DIRECTION APPROXIMATELY 97 1 FEET TO A STAKE WHERE THE COMMON BOUNDARY LINE OF LOTS NOS 3 AND 4 INTERSECTS THE NORTHERN RIGHT OF WAY LINE OF MASON STREET THENCE WITH THE NORTHERN RIGHT OF WAY LINE OF MASON STREET S 87 DEGREES 50 W 60 FEET BACK TO THE POINT OF BEGINNING.
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136 Cobbs Street Beckley,
WV 25801
Town District, Raleigh County
Parcel Identification Number
11-1002-00940000
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF RALEIGH STATE OF WEST VIRGINIA AND IS DESCRIBED AS FOLLOWS ALL THAT CERTAIN LOT TRACT OR PARCEL OF LAND TOGETHER WITH THE IMPROVEMENTS THEREON AND THE APPURTENANCES THERE UNTO BELONGING SITUATE IN RALEIGH COUNTY WEST VIRGINIA IN MAP FILE 2 NO 235 A AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS LOT BEGINNING AT A SET RAILROAD SPIKE BEING AT THE INTERSECTION OF A 16 FOOT RIGHT OF WAY AND A 10 FOOT ALLEY THENCE LEAVING THE 16 FOOT RIGHT OF WAY LINE AND WITH THE RIGHT OF WAY LINE OF THE 10 FOOT ALLEY S 69 03 E 148 55 FEET TO A SET ½ REBAR BEING A CORNER TO THE 10 FOOT ALLEY A TRACT OF LAND OWNED BY THELMA BROWN AND LOT A THENCE LEAVING THE LINE OF THE ALLEY AND WITH THE LINE OF LOT A S 20 57 W 49 47 FEET TO A SET 5/8 REBAR SAID REBARING ON THE LOT LINE OF A TRACT OF LAND OWNED BY JERRY P PECK ET UX SAID REBAR ALSO BEING A CORNER TO LOT A THENCE LEAVING THE LINE OF LOT A AND WITH THE LINE OF PECK 6911 W 152 81 FEET TO A SCT ½ REBAR SAID REBAR BEING A CORNER TO SAID PECK TRACT AND ON THE EASTERLY LINE OF A 16 FOOT RIGHT OF WAY THENCE LEAVING THE CORNER OF SAID PECK AND WITH THE LINE OF THE 16 FOOT RIGHT OF WAY N 25 50 E 50 00 FEET TO THE PLACE OF BEGINNING AND CONTAINING 0 173 ACRE MORE OR LESS LOT A BEGINNING AT A SET ½ REBAR AND SAID REBAR BEING 1 35 FEET FROM A FOUND IRON PIPE SAID REBAR ALSO BEING ON THE WESTERLY RIGHT OF WAY LINE OF A 15 FOOT ALLEY AND ALSO A COMMON CORNER TO A TRACT OF LAND OWNED BY JERRY P PECK ET UX THENCE LEAVING THE RIGHT OF WAY LINE OF THE 15 FOOT ALLEY AND WITH THE LINE OF PECK N 69 11 W 144 94 FEET TO A SET ½ REBAR SAID REBAR BEING ON THE LINE OF PECK AND ALSO BEING A CORNER TO LOT B THENCE LEAVING THE LINE OF PECK AND WITH THE LINE OF LOT B N 20 57 E 49 47 FEET TO A SET ½ REBAR SAID REBAR BEING WITH A COMMON CORNER TO LOT B AND TO A TRACT OF LAND OWNED BY THELMA BROWN AND A 10 FOOT ALLEY THENCE LEAVING THE LINE OF THE 10 FOOT ALLEY AND LOT B AND WITH THE LINE OF BROWN S 69 03 E 135 68 FEET TO A SET ¼ REBAR SAID REBAR BEING ON THE RIGHT OF WAY LINE OF THE 15 FOOT ALLEY AND ALSO BEING A COMMON CORNER TO BROWN THENCE LEAVING THE CORNER OF BROWN AND WITH THE RIGHT OF WAY LINE OF THE 15 FOOT ALLEY S 10 17 W 50 00 FEET TO THE PLACE OF BEGINNING AND CONTAINING 0 159 ACRE MORE OR LESS.
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300 Myers Ave Beckley Raleigh WV 25801
Beckley District, Raleigh County
Parcel Identification Number
01-42-02100000
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF RALEIGH STATE OF WEST VIRGINIA AND IS DESCRIBED AS FOLLOWS LOT NO ONE (1) SECTION ELEVEN (11) OF LILLY LAND COMPANYS ADDITION TO THE CITY OF BECKLEY AS SHOWN ON A MAP RECORDED IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF RALEIGH COUNTY WEST VIRGINIA IN DEED BOOK 58 AT PAGE 66.
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Address 300 304 Wildwood Ave Beckley, WV 25801
Beckley District Raleigh County
Parcel Identification Number
01-41-01490000
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF RALEIGH STATE OF WEST VIRGINIA AND IS DESCRIBED AS FOLLOWS LOT NOS 31 AND 32 OF THE WILDWOOD ADDITION BECKLEY W VA AS SHOWN ON MAP OR PLAT OF SAID LOTS RECORDED IN DEED BOOK 160 AT PAGE 388
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305 Elm St., Beckley, WV 25801
Town District, Raleigh County
Parcel Identification Number
11-1003-01380000
THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF RALEIGH STATE OF WEST VIRGINIA AND IS DESCRIBED AS FOLLOWS THAT CERTAIN LOT OR PARCEL OF LAND SITUATE NEAR THE CITY OF BECKLEY IN TOWN DISTRICT RALEIGH COUNTY WEST VIRGINIA AND BEING LOT 19 SECTION 9 AS SHOWN ON MAP OF LILLY HEIGHTS ADDITION OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF RALIEGH COUNTY WEST VIRGINIA IN DEED BOOK NO 66 AT PAGE 286 DESCRIBED AS FOLLOWS SAID LOT 19 FRONTS 50 FEET ON FIRST AVENUE AND EXTENDS BACK BETWEEN PARALLEL LINES THE DISTANCE OF 150 FEET TO AN ALLEY BORDERING THEREON 50 FEET AS SHOWN ON SAID MAP.
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400 F Street Beckley, WV 25801
Beckley District, Raleigh County
Parcel Identification Number
01-40-01260000
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF RALEIGH STATE OF WEST VIRGINIA AND IS DESCRIBED AS FOLLOWS THE SURFACE OF THE FOLLOWING DESCRIBED TRACT OF REAL ESTATE IN BECKLEY TOWN DISTRICT RALEIGH COUNTY STATE OF WEST VIRGINIA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS LOT 22 (TWENTY TWO) OF THE WILDWOOD ADDITION TO THE CITY OF BECKLEY W VA AS SHOWN UPON A MAP OF SAID ADDITION RECORDED IN THE OFFICE OF THE CLERK OF THE COUNTY COURT OF RALEIGH WEST VIRGINIA IN DEED BOOK 58 AT PAGE 538
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610 Sapphire Ln Beckley,
WV 25801
Beckley District, Raleigh County
Parcel Identification Number
01-58-00393C10
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF RALEIGH STATE OF WEST VIRGINIA AND IS DESCRIBED AS FOLLOWS ALL OF UNIT NO 100 BUILDING 17 AND PATIO AREA SITUATE AREA SITUATE IN A MULTI UNIT AREA CONSISTING OF 4329 ACRES IN MAXWELL WOODS IV IN THE CITY OF BECKLEY RALEIGH COUNTY WEST VIRGINIA AS SAID MULTI UNIT AREA AS SHOWN ON A MAP ENTITLED DECLARATION PLAN FOR MAXWELL WOODS IV CONDOMINIUMS OF MULTI UNIT AREA CONSISTING OF 4329 ACRES CITY OF BECKLEY RALEIGH COUNTY WEST VIRGINIA MAXWELL WOODS LIMITED PARTNERSHIP OWNERS & DEVELOPERS BY JAMES E COOK P E MAY 2 1978 SCALE 1 = 50 AND OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF RALEIGH COUNTY WEST VIRGINIA IN MAP FILE 122A TOGETHER WITH A 4 347826% UNDIVIDED INTEREST AS TENENT IN COMMON IN AND TO THE COMMON ELEMENTS WHICH ARE ASSIGNED TO THE SAID HOME UNIT NO 100 AS DESCRIBED IN A CERTAIN INSTRUMENT ENTITLED DECLARATION ESTABLISHING A PLAN FOR CONDOMINIUM OWNERSHIP OF A MULTI UNIT AREA CONSTISTING OF 4329 ACRES IN CITY OF BECKLEY RALEIGH COUNTY WEST VIRGINIA PURSUANT TO CHAPTER 36A OF THE CODE OF WEST VIRGINIA OF 1931 AS AMENDED (HEREAFTER CALLED DECLARATION) WHICH SAID DECLARATION IS DATED THE 1ST DAY OF JUNE 1978 AND OF RECORD IN AFORESAID CLERKS OFFICE AND BEING THE SAME PROPERTY ACQUIRED BY PATRICIA N SMITH BY DEED DATED APRIL 17 2001 FROM FREDERICK M MERCHANT JR DIVORCED AND UNREMARRIED AND MELISSA P MERCHANT DIVORCED AND UNREMARRIED RECORDED IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF RALEIGH COUNTY WEST VIRGINIA IN BOOK 5004 AT PAGE 3618 THERE IS ALSO CONVEYED TO THE PARTY OF THE SECOND PART NON EXCLUSIVE EASEMENTS FORINGRESS AND EGRESS THROUGH THE COMMON AREA OR UPON THE OTHER HOME UNITS FOR THE PORTIONS OF THE BUILDING CONSTITUTING SAID CONDOMINIUM RESULTING FROM SETTLING OR ANY CAUSE OTHER THAN THE WILLFUL ACT OF THE PARTY OF THE SECOND PART THEIR HEIRS OR ASSIGNS.
The sale of said property will be made subject to all exceptions, encumbrances, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real estate, and any and all unpaid taxes assessed against said property.
Joe R. Pyle Auction Service will assist with the sale and shall require a 10% buyers premium payable directly to Joe R. Pyle Auction Service at the sale. Any sale hereunder may be adjourned from time to time without notice other than oral proclamation at the time and place appointed for the sale. The Substitute Trustees reserve the right to reject any or all bids. Conveyance shall be by special warranty deed, and purchaser shall pay for all transfer stamps, recording fees, and other closing costs.
TERMS OF SALE: Ten percent (10%) of the sales price shall be paid by cash, cashier’s check, or check guaranteed by bank letter of credit in acceptable form, in hand on the day of sale (the “Good Faith Deposit”), with the balance to be paid in cash at closing within 30 days after the date of sale and such additional terms required by the sale agreement to be entered into by a successful bidder. Additional terms and conditions shall be announced at the sale.
At public sale any person or entity may bid and may purchase any real estate sold if they be the highest bidder. If the real estate is sold for an amount in excess of the outstanding balance of the mortgage, together with all interest, unpaid real estate taxes and costs, said excess must be used to satisfy any other encumbrances on said property and after all said encumbrances are satisfied together with all interest and costs, any excess then remaining must be paid to the Grantor. If the Grantor or any person holding an encumbrance cannot be found after a diligent search, the money shall be paid into the Circuit Court of the county for the benefit of the Grantor or the holder of any such encumbrance.
Any questions or inquiries regarding the sale can be directed to the substitute trustee at 304-353-8000.
Dated: August 4, 2022.
Sarah C. Ellis,
as Substitute Trustee
Steptoe & Johnson PLLC
P. O. Box 1588
Charleston, WV 25326
ID: 628735