NOTICE OF SUCCESSOR TRUSTEE’S SALE
Notice is hereby given, by virtue of the authority vested in the undersigned Successor Trustees, Eric M. Johnson and James W. Lane, Jr., by that certain Amended and Restated Deed of Trust made by Monroe Gardens, LLC, executed and delivered to Joyce F. Ofsa, Trustee, a Deed of Trust dated March 12, 2012, and recorded March 13, 2012 in the office of the Clerk of the County Commission of Raleigh County, West Virginia in Trust Deed Book 5046, at page 3515, and by Corrective and Re-Recorded Amended and Restated Deed of Trust effective March 12, 2022 and recorded April 2, 2012 in Raleigh County Trust Deed Book 5046, page 5987, securing an Amended and Restated Promissory Note made by Monroe Gardens, LLC and Greenbrier Nurseries of Beckley LLC payable to First National Bank in the original principal amount of $768,980.06, and also securing a Promissory Note dated March 12, 2012 made by Monroe Gardens, LLC and Greenbrier Nurseries of Beckley LLC payable to First National Bank in the original amount of $222,261.38; the said Successor Trustees acting by virtue of that certain Appointment of Successor Trustee dated November 21, 2022 and recorded November 28, 2022 in Raleigh County Trust Deed Book 5078, page 2911, and default having been made in the payment of the Notes secured by the aforesaid Deeds of Trust, and having been requested in writing by the owner and holder of the Note, will offer for sale, at public auction, to the highest bidder at the front door of the Courthouse of Raleigh County, West Virginia, on December 29, 2022 at 10:00 a.m., all those certain lots, pieces or parcels of real property, certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, described as follows:
TRACT 1: BEGINNING at a found 5/8″ rebar, said point being a corner to Lot 18 of Chestnut Hills Subdivision and on the R/W of Pinewood Drive, thence leaving Lot 18 and with Pinewood Drive, the following three calls: N. 73 deg. 20′ E. 35.00′ to a set 5/8″ rebar, said point being on the area designated as Green Belt, thence N. 73 deg. 20′ E. 329.92′ to a found concrete monument, thence N. 59 deg. 55′ E. 80.54′ to a found set stone, thence leaving Pinewood Drive and with the Robert C. Gallagher tract (DB 601 PG 404) the following three calls: S. 21 deg. 44′ E. 417.99′ to a found set stone, thence N. 67 deg. 28′ E. 172.51′ to a set 5/8″ rebar, thence S. 21 deg. 23′ E. 240.00 to a set 5/8″ rebar, thence through the Gallagher property the following four calls: S. 68 deg. 37′ W. 200.00′ to a set 5/8″ rebar, thence N. 45 deg. 14′ W. 496.04′ to a set 5/8″ rebar, thence S. 73 deg. 20′ W. 200.00′ to a set 5/8″ rebar said point being on the edge of the Green Belt, thence S. 73 deg. 20′ W. 61.94′ to a set 5/8″ rebar, said point being on the rear lot line of Lot 19 of the Chestnut Hills Subdivision, thence with said Subdivision N. 09′ 00′ W. 201.81′ to the beginning and containing 4.38 acres, more or less, and as shown on a plat entitled “MAP SHOWING 4.38 ACRE TRACT LOCATED ON PINEWOOD DRIVE, BECKLEY, WEST VIRGINIA DATE: SEPTEMBER 3, 1996, SCALE 1″ = 60′ CITY OF BECKLEY TAX MAP 64 PARCEL 4.3″ which map is attached hereto and made a part of this description.
TRACT 2: BEGINNING at a found 5/8″ rebar, on the line of Lot 19 and a corner to the green belt, thence leaving Lot 19 and with the green belt N. 73 deg. 20′ E. 61.94′ to a found 5/8″ rebar, said point being a corner to the green belt and the 4.38 acre tract previously surveyed, thence with the 4.38 acre tract the following three calls: N. 73 deg. 20′ E. 200.00′ feet to a found 5/8″ rebar, thence S. 45 deg. 14′ E. 496.04′ to a found 5/8″ rebar, thence N. 68 deg. 37′ E. 200.00′ to a found 5/8″ rebar, said point being a corner to the Robert C. Gallagher (DB 601 Pg. 404) tract, thence with said tract the following three calls: S. 21 deg. 23′ E. 57.19′ to a point, thence S. 20 deg. 43′ E. 100.46′ to a point, thence S. 47 deg. 09′ W. 560.41′ to a point, said point being a corner to Lot 6 of Chestnut Hills Subdivision, thence with said subdivision the following 16 calls: N. 46 deg. 23′ W. 167.54′ to a point, thence N. 42 deg. 40′ W. 217.52′ to a point, thence N. 26 deg. 06′ W. 211.65′ to a point, thence S. 81 deg. 13′ W. 82.18′ to a point, thence S. 55 deg. 02′ W. 61.41′ to a point, thence N. 89 deg. 01′ W. 82.88′ to a point, said point being a corner to Lot 12 and a private drive, thence with the private drive and Lot 12 S. 49 deg. 22′ W. 165.31′ to a point, thence with curve 1 a chord bearing of S. 04 deg. 11′ 51″ E. 40.23′; R=25.00′; T=33.86′; and L=46.47′ to a point being on the R/W of Chestnut Drive (10′ R/W) thence with the R/W of Chestnut Drive with curve 2 a chord bearing of N. 42 deg. 45′ 57″ W. 95.12′; R=128.93′; T=51.17′; L=97.43′, to a point, said point being a corner to Lot 15 of Chestnut Hill Subdivision, thence with said lot and Curve 3 a chord bearing of S. 76 deg. 39′ 58” E. 40.44′; R=25.00′; L=47.10′ to a point, thence N. 49 deg. 22′ E. 168.95′ to a point, thence N. 22 deg. 54′ E. 35.67′ to a point, thence S. 89 deg. 58′ E. 20.00 to a point, thence N. 57 deg. 10′ E. 77.96′ to a point, thence N. 25 deg. 53′ E. 164.38′ to a point, thence N. 09 deg. 00′ W. 65.37′ to the point of beginning and containing 8.51 acres, more or less, as shown on a plat entitled “MAP SHOWING 8.51 ACRE TRACT LOCATED ADJOINING CHESTNUT HILLS SUBDIVISION BECKLEY WEST VIRGINIA DATE: SEPTEMBER 1, 1997 SCALE: 1″=60′ CITY OF BECKLEY TAX MAP 64 PARCEL 4.3” which plat was attached to and recorded with that certain deed dated September 10, 1997 from Robert C. Gallagher and Karen Gallagher, his wife, to Cobra Coal Company, a corporation of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia on Roll 119 at page 2215.
AND BEING the same property conveyed unto Monroe Gardens, LLC, a West Virginia limited liability company, by Quitclaim Deed dated March 12, 2012, from Monroe Gardens, L.L.C, formerly a West Virginia limited liability company, James E. Monroe, Jr. and Jennifer Monroe, and recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Deed Book 5046, at page 3514.
TERMS OF SALE: The Premises will be sold “AS IS, WHERE IS,” in its present condition and with all faults and defects, if any. The property will be conveyed by deed with no covenants of warranty of title. The property shall be sold subject to all liens not discharged by the sale, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges and liens with priority to the Deed of Trust pursuant to which this sale is being conducted. The property shall be sold subject to all covenants, restrictions, easements, rights of way and reservations which may be a matter of record in the aforesaid Clerk’s office or visible upon the ground. The property will be sold for cash in hand on the date of sale to the highest bidder. The purchasers at the sale shall be responsible for paying the recording costs and also the tax on the privilege of transferring real property (the cost of the tax stamps to be affixed to the deed). The Successor Trustees and Peoples Bank shall not be responsible for the removal of any person or personal property from the Premises.
Pursuant to the Deed of Trust, the Successor Trustees may postpone the sale by public announcement at the time and place designated and act by agent in the execution of the sale. The parties secured by the Deed of Trust reserve the right to purchase the Premises at such sale.
Dated: December 1, 2022
Eric M. Johnson Esq.
James W. Lane, Jr.
Successor Trustees
200 Capitol Street
Charleston, WV 25301
(304) 205-6377