TRUSTEES’ SALE OF
VALUABLE REAL ESTATE
2379 Tams Hwy,
Sophia, WV 25921
In a Deed of Trust dated March 5, 2007, and duly recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed of Trust Book 5026, at page 0634, Effie Vanna Ellis did convey unto Philip Hereford, Trustee, 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 Raleigh County Courthouse, 215 Main Street, Beckley, West Virginia 25801 on:
March 9, 2023
At 12:00 PM
The property for sale as described by the Deed of Trust is as follows:
THE FOLLOWING DESCRIBED PARCELS OF LAND SITUATE IN SLAB FORK DISTRICT, RALEIGH COUNTY, WEST VIRGINIA, TO-WIT:
A PARCEL OF LAND LYING SOUTH OF THE HEREINAFTER DESCRIBED ROAD AND BEGINNING AT A STAKE BY A BEECH CORNER TREE, POPLAR GONE, A CORNER TO CAL NOLAN AND BEAVER COAL COMPANY; THENCE WITH SAID COMPANY UP THE STREAM N. 76deg. 45` W. 243 FEET TO A STAKE, THE ORIGINAL BEECH IS GONE, BUT A DEPRESSION IN THE GROUND SHOWS WHERE CORNER STOOD; THENCE S. 86deg. 30` W. 241.5 FEET TO A STAKE ON A LINE OF ORIGINAL SURVEY; THENCE LEAVING BEAVER COAL COMPANY AND CROSSING THE BOTTOM, RUNNING ACROSS THE 49.9 ACRE TRACT, NORTH 8deg. 00` W. 213 FEET TO A STAKE ON THE SOUTHERN RIGHT-OF-WAY OF STATE ROAD ROUTE #12; THENCE WITH SAID SOUTHERN BOUNDARY LINE S. 77deg. 45` E. 140 FEET TO A STAKE; S. 84deg. 30` E. 160 FEET TO A STAKE; EAST 171.5 FEET TO A STAKE ON THE LINE OF ORIGINAL 49.9 ACRE SURVEY; THENCE LEAVING RIGHT OF WAY AND WITH SAID LINE S. 10deg. 00` E. 213 FEET TO THE BEGINNING, CONTAINING 2 ACRES.
AND BEING THE SAME PROPERTY ACQUIRED BY THE FOLLOWING DEEDS, TO-WIT: BY DEED DATED MARCH 2, 1979, FROM JESSIE B. RIGGS AND IVORY JOYCE RIGGS, HUSBAND AND WIFE, TO DANIEL K. ELLIS AND EFFIE V. ELLIS, HUSBAND AND WIFE, SAID DEED RECORDED IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF RALEIGH COUNTY, WEST VIRGINIA IN DEED BOOK 609, AT PAGE 322; AND BY DEED DATED AUGUST 22, 1986, FROM IVORY E. PEREZ, WIDOW AND SINGLE, TO DANIEL K. ELLIS AND EFFIE V. ELLIS, HIS WIFE, SAID DEED RECORDED IN THE AFORESAID CLERK`S OFFICE IN DEED BOOK 713, AT PAGE 234. DANIEL K. ELLIS DIED ON OR ABOUT AUGUST 19, 1996, BEING A RESIDENT OF RALEIGH COUNTY, WEST VIRGINIA, AND BY REASON OF JOINT TENANTS WITH RIGHTS OF SURVIVORSHIP, HIS INTEREST IN THE AFOREMENTIONED PROPERTY PASSED UNTO HIS WIFE, EFFIE V. ELLIS.
THERE IS EXCEPTED AND RESERVED, THAT CERTAIN 0.81 ACRE TRACT, SITUATE IN SLAB FORK DISTRICT, RALEIGH COUNTY, WEST VIRGINIA, AND MORE PARTICULARLY DESCRIBED IN A DEED DATED THE 12TH DAY OF APRIL, 2002, FROM EFFIE V. ELLIS, TO DANIEL S. ELLIS AND TAMMY A. ELLIS, HUSBAND AND WIFE, RECORDED IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF RALEIGH COUNTY, WEST VIRGINIA IN DEED BOOK 5007, AT PAGE 232.
APN: 06254304 and 08579451
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 Raleigh 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 $4,000.00 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.
1581 Main Street, Suite 200
The Shops at Valley Square
Warrington, PA 18976
(215) 572-8111,
Fax: (215) 572-5025
www.sterneisenberg.com