NOTICE OF TRUSTEE’S SALE
By virtue of the authority vested in him by that certain Deed of Trust executed by LESLIE 2869 ENTERPRISES, LLC, dated November 11, 2019 of record in the Office of the Clerk of the County Court of Raleigh County, West Virginia in Trust Book 5070, page 6428 said Deed of Trust being presently in default, the said Trustees, JAMES R. SHEATSLEY & AMY VICKERS FRITZ (either of whom may act), named in said Deed of Trust having been requested by the beneficiary thereof so to do I, JAMES R. SHEATSLEY, undersigned, Trustee as aforesaid, will proceed to sell the hereafter described real estate at public auction on the 15th day of November, 2022, at the hour of 9:00 a.m., to the highest bidder for cash in hand at the front door of the Courthouse of Raleigh County, West Virginia, which real estate is located in the City of Beckley District, Raleigh County, West Virginia, and is more particularly described as follows:
0.18 ACRES:
BEGINNING at a point in the southern right of way line of old West Virginia Route 3 and the eastern line of Sunrise Avenue, City of Beckley, between said Route 3 and Pagoda Supermarket, said point being 35-feet radially left of eenterline-Station g1″deg.l3, Project 36′.22; thence southwesterly with the meanders of said existing right of way line 190 feet, more or less, to a point 133 feet radially left of Centerline Station 10+57; thence northeasterly with the proposed right of way line 69 feet, more or less, to a point 71 feet radially left of Centerline Station 10+47; thence northerly 31 feet, more or less, to a point 41 feet radially left of Centerline Station 10+44; thence northeasterly13 feet, more or less, to a point 35 feet radially left of Centerline Station 10+32; thence easterly and continuing with said proposed right of way line in a reverse centerline direction 35 feet distant and concentric to centerline 122 feet, more or less, to the place of BEGINNING, containing 0.18 acre, more or less.
And being the same property conveyed to Pagoda Motel, Inc. by the West Virginia Department of Highways in that certain deed dated the 12th day of November, 1970 of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Deed Book 495, at Page 665.
LOT 4-B and 5-B
Being Lots No. 4-B and 5-B, as shown on Map No. 5 of the HedrickWalker- Carter Addition to the City of Beckley, which map is of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Map Book 3, at page 12-A, to which reference is hereby made for a more complete description thereof.
And being the same property conveyed to Pagoda Motel, Inc. by Sara J. McCollam et al. in that certain deed dated the 6th day of July, 1983 of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Deed Book 676, at Page 439.
LOT 3-B
Lot NO. 3-B as shown on “Map No. 5, of the HEDRICK-WALKER-CARTER ADDITION, to the City of Beckley,” which map is on file in the office of the clerk of the County Court of Raleigh County West Virginia, in Map or Plat Book No. 1, at page 81H to which map reference is here made, and the said lot fronts 60 feet on the Logan Turnpike, and extends back in a southern direction and between Lot No. 2 on the east, and Lot No. 4 on the west a distance of 224 feet on the line of said Lot No. 2, and 281 feet on the line of said Lot No. 4, to an alley on which alley said lot is 50 feet wide.
And being the same property conveyed to Pagoda Motel, Inc. by Robert V. and Mary E. McCollam in that certain deed dated the 25th day of October, 1974 of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Deed Book 54 7, at Page 909.
LOT 2-B
A certain lot or parcel of land located in the City of Beckley, Raleigh County, West Virginia and being Lot 2B as shown on “Map No. 1 of the Hedrick-Walker-Carter Addition to the City of Beckley,” which said map is on file in the Office of the Clerk of the County Court of Raleigh County, West Virginia, in Map Book 1, at page 71. LOT 2B fronts 60 feet on Logan Pike and extends back nearly south between Lot No. 1 on the east and Lot No. 3 on the west a distance of 215 feet on line between Lots Nos. 1 and 2, and 224 feet on line between Lots Nos. 2 and 3 to an alley, and is 50 feet on said alley, and contains 12, 050 square feet.
And being the same property conveyed to Pagoda Motel, Inc. by Iva Cook Williams and L.H. Williams in that certain deed dated the 1st day of November, 1966 of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Deed Book 495, at Page 661.
LOTS 6-B and 7-B and LOTS 1-5 SUNRISE ADDITION
The surface of Lots 1, 2, 3, 4 and 5 as shown on a map of “Sunrise Addition”, of record in the office of the Clerk of the County Court of Raleigh County, West Virginia, in Map Book 3, at page 39-B; and the surface of Lots 6-B and 7-B as shown on Map No. 5 of the HedrickWalker- Carter Addition to the City of Beckley, West Virginia, which map is of record in the aforesaid Clerk’s office in Map Book 3, at page 12-A.
And being the same property conveyed to Pagoda Shopping Center, Inc. by M.V. and Sarah J. McCollam in that certain deed dated the 19th day of August, 1974 of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Deed Book 548, at Page 454.
There is EXCEPTED and RESERVED from the hereinabove described tracts of real estate a tract or parcel of land being part of Lots 2-B and 3-B of Map No. 5 of the Hedrick-Walker-Carter Addition, located in the City of Beckley, Beckley Corporation District, Raleigh County, West Virginia, and being more particularly described as follows:
Beginning at a point on a concrete sidewalk, said point being on the southerly right of way line of Harper Road (West Virginia State Route 3 and the Old Logan Turnpike), said point also being the common comer of Lots 1-B and 2-B of Map No. 5 of the Hedrick-Walker-Carter Addition; thence leaving the southerly right of way line of Harper Road and with the common line of Lots 1-B and 2-B of Map No. 5 of the HedrickWalker- Carter Addition, S 07deg. 11′ 21″ W 143.70 feet (passing a 5/8-inch rebar with cap, set, on line at a distance of 3.00 feet) to a magnetic nail, set, in a asphalt parking lot approximately one foot from the southerly base of a stone wall, said nail being on the common line of Lots 1-B and 2-B of Map No. 5 of the Hedrick-Walker-Carter Addition; thence leaving Lot 1-B of Map No. 5 of the Hedrick-Walker-Carter Addition and with a new line running with the southerly base of the stone wall approximately one foot from it through Lots 2-B and 3-B of Map No. 5 of the HedrickWalker- Carter Addition, N 86deg. 57′ 15″ W 83.03 feet to a magnetic nail, set in the asphalt parking lot approximately one foot from the southerly base of the stone wall approximately five feet easterly of the Pagoda Motel building, said nail being in Lot 3-B of map No. 5 of the Hedrick-WalkerCarter Addition; thence crossing the stone wall with new lines running approximately five feet easterly and northerly of the pagoda Motel building through Lot 3-B of Map No. 5 of the Hedrick-Walker-Carter Addition, the following three (3) calls: N 02deg. 15′ 44″ E 20.70 feet to a magnetic nail, set; N 88deg. 09′ 47″ W 18.10 feet to a 5/8-inch rebar with cap, set; N 02deg. 00′ 13″ E 115.61 feet (passing a 5/8-inch rebar with cap, set, on line at a distance of 112.61 feet) to a point on a concrete sidewalk, said point being on the common line of the southerly right of way line of Harper Road and Lot 3-B of Map No. 5 of the Hedrick-WalkerCarter Addition; thence with the common line of the southerly right of way line of Harper Road and Lot 3-B of Map No. 5 of the Hedrick-WalkerCarter Addition, N 82deg. 13′ 00″ E 54.95 feet to a point on the concrete sidewalk, said point being a common corner of the southerly right of way line of Harper Road and Lots 2-B and 3-B of Map No. 5 of the HedrickWalker- Carter Addition; thence leaving Lot 3-B of Map No. 5 of the Hedrick-Walker-Carter Addition and with the common line of the southerly right of way line of Harper Road and Lot 2-B of Map No. 5 of the Hedrick-Walker-Carter Addition, S 84deg. 11′ 00″ E 60.00 feet to the POINT OF BEGINNING, containing 15.007.0 square feet (0.345 acres), more or less, as shown on a plat prepared by Southern Engineering and Surveying Company, Inc., titled “Plat Showing Boundary Survey of a Part of Lots 2-B and 3-B of Map No. 5 of Hedrick-Walker-Carter Addition, Located in the City of Beckley, Beckley Corporation District, Raleigh County, West Virginia, Scale: l” = 30′, Date: January 13, 2015″.
Said excepted parcel being that property conveyed to Stephen W. Finch on the 7th day of May, 2015 at Book 5058 Page 7541.
There is EXCEPTED and RESERVED, the surface of those certain tracts or parcels of land together with any appurtenances thereunto belonging situate in Beckley District, Raleigh County, West Virginia, and being more particularly bounded and described as follows:
LOT 2-B
A certain lot or parcel of land located in the City of Beckley, Raleigh County, West Virginia and being Lot 2B as shown on “Map No. 1 of the Hedrick-Walker-Carter Addition to the City of Beckley”, which said map is on file in the Office of the Clerk of the County Court of Raleigh County, West Virginia, in Map Book 1, at page 71. Lot 2B fronts 60 feet on Logan Pike and extends back nearly south between Lot No. 1 on the east and Lot No. 3 on the west a distance of 215 feet on line between Lots Nos. 2 and 3 to an alley, and is 50 feet on said alley, and contains 12,050 square feet.
Said exception being the real property conveyed to Stephen W. Finch and Kollen Finch on the 15th day of October 2020 at Book 5072 page 5939.
All of the preceding described lots or parcels being a portion of the same real estate conveyed to Leslie 2869 Enterprises, LLC by Deed dated the 11th day of November, 2019 from City Corp, a Virginia Corporation, to be recorded in the Office of the Clerk of the County Commission of Raleigh County at Deed Book 5070 Page 6427.
THIS SALE IS MADE subject to such easements, rights of way, restrictive covenants, reservations and agreements as are contained and set forth in prior deeds of conveyance pertaining to said real estate.
SAID SALE SHALL BE SUBJECT TO THE FOLLOWING
CONDITIONS:
1) 10% cash in hand on day of sale with remainder due within 30 days.
2) Subject to any and all mineral rights and reservations, stipulations, restrictions, reservations, easements, conditions and covenants appearing of record in the aforesaid Clerk’s Office except any pertaining to race, color or creed.
3) Subject to all real estate taxes against said property and any taxes which constitute a lien upon the said property but which are not yet due and payable.
4) The subject property will be sold in AS IS condition. The trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
5) The property will be conveyed by the undersigned Trustee to the purchaser without warranty of any kind, expressed or implied.
6) The aforesaid sale may be adjourned from time to time as the undersigned Trustee deems advisable, which adjournment may be made by oral proclamation at the time and place of the sale or any adjournment thereof.
GIVEN under my hand this 1st day of Novenber, 2022.
James R. Sheatsley,
WV Bar No. 3359
Gorman, Sheatsley &
Company, L.C.
Post Office Box 5518
Beckley, West Virginia 25801
(304)252-5321
Prepared By:
James R. Sheatsley,
WV Bar No. 3359
Gorman, Sheatsley &
Company, L.C.
Post Office Box 5518
Beckley, West Virginia 25801
(304)252-5321