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 the 27th day of July, 2021 and executed by BILLY JO L NICHOLAS, to Paul E. Biser, trustee, Bruner Land Company, Inc., Beneficiary, said Deed of Trust have been duly recorded in the Clerk of the County Court of Mercer County, West Virginia, in Trust Deed Book 1422, at Page 579, 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 MARCH 3, 2023 at 11:00 o’clock a.m., at the front door of the Court House of Mercer County, West Virginia, the following described real estate:
FIRST: “All of that certain tract or parcel of land situate in Rock District, Mercer County, West Virginia, on the waters of Rich Creek”, bounded and described as follows:
“BEGINNING at some peeled chestnuts near the road in Riley Shrewsbury’s line; thence with said line to a cucumber, Gum and Hickory on the divide; N. 67deg. E. 20 poles to a chestnut on an East point; N. 63deg. E. 38 poles to a cucumber and a chestnut oaks; N. 53deg. W. 116 poles to a large hollow cucumber white walnut and Buckeye at the Spring branch, and down same N. 47deg. E. 13 poles to a Buckeye in the branch, N. 37deg. W. 40 poles to a spring and chestnut; thence S. 18deg. W. 20 poles to a sugar tree & maples and cucumber near the road, and with the road to the BEGINNING, containing 50 acres, more or less.”
SECOND: “All of that certain tract or parcel of land situate in Rock District, Mercer County, West Virginia, on the head waters of Widemouth Creek and adjoining the lands of Riley and Winton A. Shrewsbury and others and being a part of the Henry D. Price tract of land”, said tract or parcel of land being bounded and described as follows:
“BEGINNING at the Gate near Winton A. Shrewsbury’s house and running with the Morgan’s Ridge road, passing through another gate and cornering on a Stone; thence running East crossing a branch of Widemouth Creek to Riley Shrewsbury’s land, to a Sourwood, Chestnut and Hickory corner; thence with his line to Winton A. Shrewsbury’s corner; thence with the road to the gate, the BEGINNING, containing forty-five acres, be the same more or less.”
THIRD: “All of that certain tract or parcel of land situate in Rock District, Mercer County, West Virginia, on Morgans Ridge and on waters of Widemouth Creek”, and Is bounded as follows:
“BEGINNING at a sugar tree and maple in a low gap above the head of Morgans Ridge, thence W. 40 poles up a spur of Morgans Ridge crossing two (2) hollows to a double and single maples, thence in a southeast direction 26 poles to a stone, thence near the same direction 28 poles to a chestnut at a gate, thence with Amelia Shrewsbury’s line to the public road (Lashmeet); thence with said Lashmeet road with the several courses N. 71deg. W.14 poles, N.12deg. E.16 poles, N. 8deg. E.17 poles, N. 3deg. E. 25 poles, N. 15deg. E. 12 poles, N. 33deg. E. 14 poles, N. 12deg. E. 16 poles, N. 8deg. E. 17 poles, N. 3deg. E. 25 poles, N.15deg. E.12 poles, N.33deg. E.14 poles, N.11½deg. E. 13 poles to the BEGINNING, and containing Forty Eight acres (48) the same, more or less.”
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 2nd day of February, 2023.
s/ Paul E. Biser
Paul E. Biser – Trustee –
W.Va. Bar #7319
FREDEKING & BISER LAW
511 Eighth Street
Huntington, West Virginia 25701