NOTICE OF TRUSTEE’S SALE
NOTICE is hereby given that, by virtue of the authority vested in the undersigned Trustee under that certain Deed of Trust dated 5th day of October, 2021 executed by CHRISTY DAWN AUSTIN to Paul E. Biser, trustee, and Bruner Land Company, Inc., Beneficiary, said Deed of Trust have been duly recorded in the Clerk of the County Court of Raleigh County, West Virginia, in Trust Deed Book 5075, at Page 1845, under which authority PAUL E. BISER, now acts, by which was conveyed to the said Trustee the said hereinafter described real estate, to secure the payment of a certain note set out and described therein, and 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 NOVEMBER 18, 2022 at 10:00 o’clock a.m., at the front door of the Court House of Raleigh County, West Virginia, the following described real estate:
Property hereby described as being situated in Slab Fork District, Raleigh County, West Virginia, bound and described as follows:
BEGINNING at a 20″ hacked black oak found, said oak being a common corner to Charles Pennington and Pocahontas Surface Interests Inc.; Thence with said Interests N 87deg.23’30” E 230.83′ to a 5/8″ rebar w/plastic cap set; Thence through the parent tract S 09deg.05’40” W, passing a 5/8″ rebar w/plastic cap set at 771.04′, a total distance of 792.54′ to a point in the centerline of Secondary Route 35/2; Thence with said centerline for the following seven (7) bearings and distances: S 77deg.32’40” W 102.99′ to a point; S 81deg.26’50” W 166.92′ to a point; S 89deg.27’20” W 62.11′ to a point; N 87deg.57’40” W 55.16′ to a point; S 80deg.33’40” W 36.78′ to a point; S 70deg.20′ 10″ W 152.58′ to a point; S 74deg.49’50” W 22.75′ to a point in the line of Charles Pennington; Thence with said Pennington N 28deg.33’20” E, passing a 5/8″ rebar w/plastic cap set at 27.55′, a total distance of 1003.06′ to the place of BEGINNING. Containing 7.271 acres, more or less, and being shown as Lot 7 upon that certain plat made as a result of survey by Paramount Surveying.
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, rights-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 from 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 10th day of October, 2022.
s/ Paul E. Biser
Paul E. Biser – Trustee – W.Va.
Bar #7319
FREDEKING & BISER
LAW OFFICES, PLLC
511 Eighth Street
Huntington, West Virginia 25701
(304)525-7701