NOTICE OF TRUSTEE’S SALE
PUBLIC AUCTION
In execution of a certain Deed of Trust dated July 5, 2007, recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, on July 6, 2007, in Roll 5027, at Page 6045, given by Jacob H. Farris and Mary L. Farris to P. Michael Pleska and F. Thomas Graff, Jr, Trustees for United Bank (successor by merger to United Bank, Inc), said Trustees failing to perform, United Bank appointed Paul 0. Clay, Jr., Successor Trustee as evidenced by that certain Removal of Trustee and Substitution Thereof, dated February 6, 2023, and recorded February 14, 2023, In the aforesaid Clerk’s Office in Roll 5078 at Page 9593, default having been made in the payment of the debt therein secured; and upon failure to cure said default; and being required by the beneficiary so to do, the undersigned Successor Trustee will sell at public auction at the front door of the Courthouse of Raleigh County, Beckley, West Virginia, on Tuesday April 18th, 2023 at 10:30 o’clock a.m., the following described real estate situate In the Marsh Fork District, Raleigh County, West Virginia, and being more particularly bounded and described as follows, to-wit
TRACT ONE: BEGINNING at a stake, a comer to Lot No. One, thence up the river, nearly East 295 feet to a stone, thence nearly North and with the Charlie Brown line 150 feet to a stake on the Chesapeake and Ohio Railroad right of way, thence West with the C & O right of way 290 feet to a stake, a comer to Lot No. One, thence with line of Lot No. One, S.W. 160 feet to a stake, a comer to Lot No. One, the beginning and containing one acre, be the same more or less, with free access to the use of the road ln common with all property owners that have purchased land from Sandford and Willie Pettry.
TRACT TWO: That certain parcel or tract of land situate in March Fork District, Raleigh County, West Virginia, being a portion of the property conveyed by Sanford Pettry and Zettie Pettry, to the Chesapeake and Ohio Railroad Company, Grantor’s predecessor, by deed dated May 7, 1906, and recorded among the Raleigh County land records in Deed Book 35, at Page 133, and being 66 feet wide, 33 feet on either side of Grantor’s former centerline of mainline railroad track more particularly described as follows:
BEGINNING with the point In said centerline 102 feet east of the intersection of said centerline and the centerline of March Fork being Grantor’s Valuation station 2157+02; EXTENDING 387 feet in an easterly direction and ENDING at Grantor’s Valuation Station 2160+39 being 414 feet West of the intersection of said centerline and the East line of said parcel surveyed ·by Sanford Pettry to the Chesapeake and Ohio Railroad Company by deed dated May 7, 1906, recorded among the Public Land Records in Raleigh County, In Deed Book 35,· at Page 133, containing 0.59 of an acre, more or less, and being shown crossmatched on Fragment print of Grantor’s Valuation Station V11N Map 5 marked Exhibit A-1.
There is EXCEPTED and RESERVED that certain tract or parcel of Land together with any appurtenances thereunto belonging situate In March· Fork District, Raleigh County, West Virginia, as follows:
BEGINNING at a roof bolt the southeast corner to Lillian Lea Harris 0.46 acre tract at Pettry Bottom March Fork District, Raleigh County, West Virginia and on line with the Katherine Hall property; thence N 75-04′ E 108.85′ to a roof bolt the true point of beginning; thence N 75-04′ E 26.00′ to a roof bolt; thence 69-43′ E 74.00′ to a roof bolt; thence S14-05′ E 190.00′ with old fence to a roof bolt at corner post; thence S 76-16′ W 99.56′ to a roof bolt in old fence row; thence leaving fence row and across bottom N 14-05′ W181.00′ to a roof bolt and the true point of beginning containing 0.43 acre, more or less.
And being the same property conveyed to Jacob Farris and Mary Farris, as joint tenants with right of survivorship and not has tenants in common, by deed of Mary Summers, et al, dated June 5, 2007, and recorded July 6, 2007, In the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Roll 5027, at Page 6042.
The said Jacob H. Farris died March 3, 2019, vesting full ownership of the subject property in his wife, Mary L. Farris (aka Mary Odessa Farris).
The said Mary Odessa Farris Intestate June 17, 2022, leaving three children, to wit: Brenda York, Madison Farris and James Farris, as her sole heirs at law.
The above described real estate will be conveyed by the undersigned Successor Trustee to the purchaser thereof by deed containing a covenant of SPECIAL WARRANTY and subject to all liens, reservations and exceptions appearing in the record title, and to the lien of all unpaid taxes, if any, which are entitled to priority over the lien of the aforesaid Deed of Trust.
The Successor Trustee herein asserts, to the best of his knowledge and belief, that the parties in interest are not members of the Armed Forces of the United States, and are therefore not entitled to the benefits of the Service Members Civil Relief Act.
REAL ESTATE TAXES:
Subject property will be sold by the undersigned Successor Trustee subject to real estate taxes presently a lien against subject real property. Any purchaser shall purchase subject to, and be responsible for, said real estate taxes.
TERMS OF SALE:
Cash on hand on day of sale. The above described real estate will be sold by the undersigned Successor Trustee by auction to the highest bidder subject to the right of the Trustee to reject all bids if in his opinion they are inadequate. The owners of the Indebtedness secured by the above described Deed of Trust and the owners of any other interest in the property to be sold shall have the right to bid.
The Successor Trustee does not warrant title or fitness to this property; it Is being purchased as is; this is a buyer beware sale and any buyer is advised to retain counsel before the sale.
CONTINUANCE OR
ADJOURNMENT OF SALE:
The Successor Trustee reserves the right to continue the sale, or to adjourn the sale, for a time. or from time to time, without further notice and announcement at the time and place of sale, as hereinabove set forth, or any continuance or adjournment thereof.
DATED THIS THE 7th DAY OF MARCH, 2023.
PAUL O. CLAY JR.
SUCCESSOR TRUSTEE
ID: 691129