NOTICE OF TRUSTEE SALE OF VALUABLE REAL ESTATE
Notice is hereby given that the undersigned Trustee, by virtue of the authority vested in him by that certain Deed of Trust dated April 24, 2019, and duly recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Book 5069 at page 4706, Christopher Edwards, did convey unto Alan H. Larrick, Trustee, certain real property described in said Deed of Trust; and, default having been made in the payment of the Note secured by the aforesaid Deed of Trust; and, such default having continued for a period of more than sixty (60) days; and, the undersigned Trustee having been instructed by Walter Stephen Edwards, the owner and holder of said Note, to foreclose thereunder and having elected to treat the whole principal debt secured by said Deed of Trust as immediately due and payable;
NOW, THEREFORE, the undersigned Trustee, having been required to do so by the said Walter Stephen Edwards, will offer for sale the real estate conveyed by said Deed of Trust, at public auction, to the highest bidder, at the front door of the Courthouse of Raleigh County, West Virginia, in the City of Beckley, West Virginia, on the 19th day of April, 2023, at 9:30 a.m., which said real estate in said Deed of Trust is described as That certain tract or parcel of land being a part of Lot No. 49 of the Oakley Heights Addition, situate in Town Tax District, Raleigh County, West Virginia, as shown on a map of said Oakley Heights Addition of record in the Office of the Clerk of the County Commission of Raleigh County, in Map Book 3, page 38-F, and being more particularly described as follows:
BEGINNING at a found concrete monument on the R/W of Oakley Road (30′ R/W), said point being a corner to Marvie Daniel; thence with said R/W S 69deg. 18′ E 167.28 feet to a set 5/8″ rebar, said point being a corner to Robert and Patricia Peters; thence with the Peters’ line, S 18deg. 30′ W 225.40 feet to a set 5/8″ rebar, said point being a corner to Mable Feazelle and Jerry and Mary Lambert; thence with the Lambert line, N 69deg. 05′ W 179.03 feet to a set 5/8″ rebar, said point being on the R/W of an unnamed street (25′ R/W); thence with the R/W, N 14deg. 19′ W 9.75 feet to a found “U” iron, a corner to Marvie Daniel; thence with the Daniel line N 23deg. 00′ E 216.79 feet to the point of BEGINNING and containing 0.909 acre, more or less.
And being more particularly hounded and described by a more recent survey as follows:
BEGINNING at the southern edge of a leaning set stone (the approximate center as originally set) on the southern right-of-way line of Oakley Road (30′ R/W) at the common corner with the Christopher D. and Mary Kathleen Stephenson Osborne lot; thence with southern right-of-way line of Oakley Road S 69deg. 19′ 54″ E for 167.34 feet to a 5/8″ steel rebar (found) at the common corner with the Robert Wayne and Patricia Yvonne Peters lot; thence leaving Oakley Road and with the line of Peters lot and along the Mabel C. Feazelle Lot S 18deg. 30′ 54″ W for 225.50 feet to a 5/8″ steel rebar (set) at the common corner of the Noah Jerry and Mary Kay Lambert at the end on a twenty foot (20′) right-of-way; thence, with the Lambert line N 69deg. 05′ 00″ W for 179.03 feet to a ½” steel rebar (set) on the eastern right-of-way line N 14deg. 19′ 00″ W for 9.75 feet to a ½” steel rebar (set) at a “U” iron (found) at the common corner with the Osborne property; thence with the Osborne line N 22deg. 59′ 43″ E for 216.76 feet to the BEGINNING and containing 0.9091 acres, more or less.
And being the same property acquired by Christopher Edwards, by deed dated April 24, 2019, recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Book 5069, at page 4705. At the time of the execution of the said Deed of Trust, this property was reported to have an address of: 180 Oakley Rd. Beckley, WV 25801. It is the intention of this notice to sell the secured property by proper description as was intended to be transferred and conveyed in the aforesaid Deed of Trust.
The above described real estate will be conveyed by Deed without warranty of any kind, express or implied, and made subject to all property taxes, prior liens, including any liens for sewer service assessed by any municipality or public service district, reservations, encumbrances, restrictions, right of way, easements, covenants, conveyances and conditions of record in said Clerk’s Office and affecting the subject property. The subject property will be sold in AS IS condition. The undersigned shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. TERMS OF SALE: Cash in hand on day of sale. The above-described real estate will be sold by the undersigned by auction to the highest bidder subject to the right of the undersigned to reject all bids if, in his opinion, they are inadequate. The owner of the indebtedness secured by the above described Deed of Trust and the owner of any other interest in the property to be sold shall have the right to bid. 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. CONTINUANCE-ADJOURNMENT OF SALE: The undersigned reserves the right to continue the sale, or to adjourn the sale, for a time, or from time to time, without further notice than announcement of the time and the place of sale as hereinabove set forth for any continuance or adjournment thereof. The Purchaser shall be responsible for the payment of the transfer taxes imposed by the West Virginia Code § 11-22-1. 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 belonging remaining at the property after the foreclosure sale will deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY.
DATED this 13th day of March, 2023
ALAN H. LARRICK, Trustee