NOTICE OF TRUSTEE’S SALE
NOTICE OF TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, WV Trustee Services, LLC, by that certain Deed of Trust dated September 10, 2007 of record in the office of the Clerk of the County Commission of Mercer County, West Virginia, in Book 1121, at Page 651, executed by Borrowers, Robert R McMillan III, Robert R McMillan Sr. and Evelyn Marie McMillan, and no trustee was listed, but substitute trustee was later appointed naming WV Trustee Services, LLC by order dated January 3, 2023 and recorded in Book 1452, at Page 114. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of RR 2 Box 136A n/k/a 191 Overview Ct., Bluefield, WV 24701. The borrowers defaulted under the Note and Deed of Trust and the Substitute Trustees have been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustees will sell the following described property to the highest bidder at the front door of the Courthouse of Mercer County, in Princeton, West Virginia, on the following date:
2nd day of May, 2023
at 12:15 p.m.
All those certain parcels located in Beaver Pond District City of Bluefield, Mercer County, West Virginia and particularly described as follows:
TRACT ONE: All that certain lot or parcel of real estate out of the southwestern corner of Tract No. 2 of the Eula Gusler Borders property on the Old Bluefield-Princeton Road, being shown upon a map entitled `Map Showing Lot to be Conveyed to Bobby E. and Mary A. Vencill – Located off the Old Bluefield-Princeton Road, Beaver Pond District, Mercer County, W. Va.`, prepared by W. H. Looney, Jr., P. E., dated 12-19-72, recorded as Microplat No. 5117, and being more particularly bounded and described as follows: BEGINNING at a point designating the northwest corner of Lot 7, Section 4, as shown on the `Map showing subdivision of Mrs. Eula Gusler Border Farm on the Bluefield-Princeton Road, Mercer County, West Virginia, October 24, 1949; Scale 1″ = 50`; J. R. Munsey` (Microfilm No. 1587); thence from said point N. 69deg. 59` W. 202.8 feet to a point; thence N. 73deg. 29` W. 70.6 feet to the point of beginning, designating the southeast corner of the subject lot; thence from the said beginning point, N. 73deg. 29` W. 150 feet to a point; thence N. 3deg. 37` E. 75 feet to a point; thence S. 73deg. 29` E. 150 feet to a point; thence S. 3deg. 37` W. 75 feet to the point of BEGINNING, containing an area of 10,966 square feet.” AND BEING the same property conveyed to Robert R. McMillan, III, by Bobby E. Vencill and Mary A. Vencill, by Deed dated September 10, 2007 to be recorded contemporaneously herewith.
“For the consideration aforesaid, Grantors do further grant and convey unto Grantees, their heirs and assigns, a 20 feet wide easement and right of way for ingress and egress to and from the real estate herein conveyed and a 25 feet roadway leading to the Old Bluefield-Princeton Road, said easement and right of way being shown upon the aforementioned map and being more particularly bound and described as follows: BEGINNING at the northeast corner of Lot 1, Section 4, of the Eula Gusler Border Farm sub-division previously mentioned which is also in the western line of a road 25 foot wide which leads to the old Bluefield-Princeton Road; thence from said beginning point, S. 62deg. 53` W. 175 feet to a point designating the northwest corner of Lot 7, Section 4; thence N. 69deg. 59` W. 202.8 feet to a point; thence N. 73deg. 29` W. 70.6 feet to the southeast corner of the lot to be conveyed to Vencill; thence along the eastern Vencill line, N. 3deg. 37` E. 20.52 feet to a point; thence S. 73deg. 29` E. 62.37 feet to a point; thence S. 69deg. 59` E. 203.6 feet to a point; thence N. 62deg. 53` E. 166.15 feet to a point in the western line of the 25 feet road leading to the Old Bluefield-Princeton Road; thence along the western line of said road right-of-way, S. 27deg. 07` E. 20 feet to the point of BEGINNING.”
TRACT TWO: “all of those certain tracts or parcels of real estate designated as Parcel One and Parcel Two on `PLAT SHOWING PART OF TRACT NUMBER`S ONE & TWO OF THE EULA GUSLER BORDERS FARMS SUBDIVISION BEAVER POND DISTRICT MERCER COUNTY BEING SITUATE AT THE COMMUNITY OF MAPLE VIEW WEST VIRGINIA SCALE 1″ = 40` JUNE 26, 2001`, said plat prepared by Shields Engineering Co., LLC and intended to be recorded herewith and made a part of this deed, and more fully bounded and described as follows:
PARCEL ONE: BEGINNING at a 1/2″ rebar found at the northwest corner of the Bobby Vencill 0.25 acre parcel shown on Tax Map 20 of Beaver Pond District as Parcel 153.1; thence N. 05deg. 49` 55″ E. 56.42 feet to a 1/2″ rebar set; thence S. 53deg. 41` 10″ E. 170.52 feet to a 1/2″ rebar found; thence with the northern line of Tax Map Parcel 153.1 N 72deg. 35` 55″ W. 150.00 feet to the place of the BEGINNING, and containing 0.09 acres, more or less.
PARCEL TWO: BEGINNING at a 1/2″ rebar found at the northeast corner of aforesaid Parcel 153.1; thence S. 44deg. 39` 25″ E. 100.39 feet to a 1/2″ rebar set; thence S. 13deg. 29` 00″ W. 26.50 feet to a 1/2″ rebar found; thence N. 72deg. 35` 55` W. 75.45 feet to a 1/2″ rebar found; thence with the eastern line of Tax Map Parcel 153.1, N.05deg. 49` 55 E. 75.00 feet to the place of the BEGINNING, and containing 0.09 acres, more or less.” AND BEING the same property conveyed to Robert R. McMillan, III, by Bobby E. Vencill and Mary A. Vencill, by Deed dated September 10, 2007 to be recorded contemporaneously herewith. “This conveyance is made expressly subject to all pertinent restrictions, reservations, and easements of record.
Being the same property conveyed to Robert R McMillan III, Robert R McMillan Sr. and Evelyn Marie McMillan by the Deed dated September 13, 2007 and recorded in Deed Book 916 at Page 103 in the Office of the Clerk of the County Commission of Mercer County, West Virginia.
TERMS OF SALE:
1) The property will be conveyed in an “AS IS” physical condition by Deed containing no warranty, express or implied, subject to the Internal Revenue Service right of redemption, 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 ยง 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.
4) 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.
5) 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.
6) The total purchase price is payable to the Trustee within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale.
WV Trustee Services, LLC,
Substitute Trustee
BY: Dianne Reynolds,
Limited Signing Office
WV Trustee Services, LLC
McGuire Office Center
618 Tenth Street, Suite 108
Huntington, WV 25701
(304) 853-3336
[email protected]
ID: 696821