TRUSTEES’ SALE OF
VALUABLE REAL ESTATE
546 Sportsman Drive,
Bluefield, WV 24701
In a Deed of Trust dated January 25, 2001, and duly recorded in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Deed of Trust Book 880, at page 725 David Gilbert and Brenda Gilbert did convey unto Thomas S. Lilly, 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 Mercer County Courthouse, 1501 Main Street, Princeton, West Virginia 24740 on:
June 28, 2023
At 12:00 PM
The property for sale as described by the Deed of Trust is as follows:
ALL OF THAT CERTAIN LOT OR PARCEL OF LAND KNOWN AS LOT 32 NORTHVIEW ESTATES, AS SHOWN ON A MAP ENTITLED, “MAP SHOWING SUBDIVISION OF PART. PAR. 74 TAX MAP 12 OFF STATE ROUTE 20 BEAVER POND DIST., MERCER CO., WV” BY APPALACHIAN ENGINEERING AND SURVEYING, INC., 212 COLLEGE AVE., BLUEFIELD, WV 24701, DATED 8/5/97 REV. 5/10/99, SCALE 1″ = 100`, WHICH PLAT IS OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF MERCER COUNTY, WEST VIRGINIA AS MICROFILM PLAT NO. 13813, AND WHICH PROPERTY IS MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
“BEGINNING AT AN IRON BAR IN THE EASTERN LINE OF A 30` WIDE ROAD RIGHT-OF-WAY RUNNING ALONG THE EASTERN LINE OF LOT 19, SAID IRON BAR BEING THE SOUTHWEST CORNER OF LOT 27, THE NORTHWEST CORNER OR (SIC) LOT 33 AND THE NORTHERN MOST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE ALONG THE WESTERN LINE OF LOT 33 FOR THE FOLLOWING TWO CALLS: S 28 DEGREES 30` 22″ E 135.13` TO AN IRON BAR; S 37 DEGREES 41` 59″ E 48.71` TO AN IRON BAR; THENCE ALONG THE SOUTHWEST LINE OF LOT 34 S 53 DEGREES 15` 57″ E 228.24` TO AN IRON BAR; THENCE THROUGH PARCEL 74 TAX MAP 12 S 39 DEGREES 58` 35″ W 162.35` TO A POINT; THENCE ALONG THE NORTHERN LINE OF LOT 13 N 71 DEGREES 47` 47″ W 132.69` TO AN I.P.; THENCE ALONG THE NORTHEAST LINE OF LOT 14 N 51 DEGREES 44` 48″ W 219.11` TO AN I.P.; THENCE ALONG THE SOUTHEAST LINE OF LOT 19 N 27 DEGREES 26` 44″ E 271.68` TO THE POINT OF BEGINNING AND CONTAINING 76,100 SQUARE FEET MORE OR LESS, OR 1.75 ACRES MORE OR LESS.”
AND BEING THE SAME PROPERTY CONVEYED UNTO THE GRANTOR BY DEED OF CHRIS O. HOLLYFIELD, DIVORCED, AND LORI PORTERFIELD, DIVORCED, DATED JANUARY 5, 2001, TO BE RECORDED SIMULTANEOUSLY HEREWITH.
“`THERE IS FURTHER CONVEYED TO THE GRANTEES THE RIGHT OF INGRESS AND EGRESS OVER THAT 30 FOOT RIGHT OF WAY AS SHOWN ON SAID MAP CROSSING LOT 19.`”
“THE ABOVE-DESCRIBED PROPERTY IS SUBJECT TO A DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS AND RESERVATIONS PERTAINING TO LOTS IN NORTHVIEW ESTATES RECORDED IN SAID CLERK`S OFFICE IN DEED BOOK 782, AT PAGE 138.”
“THIS CONVEYANCE IS MADE EXPRESSLY SUBJECT TO ALL PERTI-NENT RESTRICTIONS, RESERVATIONS, AND EASEMENTS OF RECORD.” BRENDA GILBERT, SPOUSE OF THE GRANTOR, JOINS IN THIS INSTRUMENT TO ACKNOWLEDGE RECEIPT OF NOTICE OF THIS CONVEYANCE PURSUANT TO CHAPTER 43, ARTICLE 1 OF THE WEST VIRGINIA CODE.
BRENDA GILBERT, SPOUSE OF THE GRANTOR, JOINS IN THIS INSTRUMENT TO ACKNOWLEDGE RECEIPT OF NOTICE OF THIS CONVEYANCE PURSUANT TO CHAPTER 43, ARTICLE 1 OF THE WEST VIRGINIA CODE.
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 Mercer 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 ยง38-1-6. 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 $5,000.00 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
ID: 700491