TRUSTEE SALE OF
VALUABLE REAL ESTATE
The Undersigned Trustee, by virtue of the authority vested in him by that certain deed of trust dated June 22, 2006, and recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Deed of Trust Book 5022, at page 7887, Danny W. Tolley and Retta Tolley did convey unto G. Todd Houck, substitute trustee and recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Substitute Trustee Book 5079, at page 8369, certain real property in said deed of trust; and default having been made under the aforementioned deed of trust and the undersigned Trustee having been instructed by the secured party to foreclose thereunder, will offer for sale at public auction at the front door of the Raleigh County Courthouse, 215 Main Street, Beckley West Virginia 25801 on:
July 12, 2023 at 9:00 a.m.
All that certain tract or parcel of land, together with any appurtenances thereunto belonging, situate in Trap Hill District, Raleigh County West Virginia, and being 0.64 Acres & R/W Waters of Coal River and being more particularly described as: BEGINNING at an iron pin at the edge of C & O Railroad Right of Way and a corner to Harry Jarrell’ s property and James E. Daniel and James E. Daniel, Jr. Property Trap Hill District, Raleigh County West Virginia, thence with said line S 58deg. 45′ W. 192.60′ to an iron pin on a hill; thence leaving Harry Jarrell’s Line and going through James E. Daniel and James E. Daniel, Jr. Property N 25deg. 59′ W. 188.70′ to an iron pin; thence N 29 deg. 58′ E. 61.20′ to an iron pin on edge of bank and edge of C & O Railroad right of way; thence with said right of way S 60deg. 37′ E. 248.90′ to an iron pin (found) to the point of beginning containing 0.64 acre; and being the same property conveyed to Danny Tolley and Retta M. Tolley, as joint tenants with right of survivorship by deed dated May 31, 1995, ofrecord in the office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Roll 76, at page 1624. Danny Tolley died intestate on January 31, 2017 and upon his death, the undivided one half interest of Danny Tolley became vested in Retta Tolley by virtue of the survivorship clause in said deed. Retta Tolley Jarrell died November 29, 2021 and her only heir at law is listed as Amanda Dickens as recorded in the aforesaid Clerk’s office in the Estate Summary of record in Estate Summary Book 5076, at page 2684, reference to all of which is hereby made for a more complete description thereof, and as further indexed on the Raleigh County WV Tax Records as Trap Hill District Tax Map 10, Parcel 00250001.
The aforesaid property is SUBJECT TO any and all easements, rights-of way, conditions, covenants and restrictions of record or in existence.
The Sale of the foregoing real property and improvements will be made subject to all exceptions, reservations, rights-of-way, easements, conditions, covenants, restrictions, leases and other servitude of record, if any, pertaining to said real estate, minerals, gas and oil, subject to all matters disclosed by an examination and inspection of the property, subject to any and all unpaid taxes as recorded against said property, and to any further. matters announced at said sale. The property is sold subject to an accurate survey at purchaser’s expense.
The sale of the foregoing real property will also be made expressly subject to any and all other deeds of trust, judgments, liens, and all other encumbrances of any nature whatsoever, if any, having priority over the deed of trust referred to herein.
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. The Trustee reserves the right to adjourn the sale, for a time, or from time to time, without further notice, by announcement at the time and place of sale described above or any adjournment thereof. The Trustee reserves the right to reject any and all bids.
TERMS OF SALE a deposit of $30,832.20 cash in hand at the time of sale in the form of a certified check or cashier’s check made payable to G. Todd Houck, Attorney at Law, LC, Trustee, and the Balance in cash within 30 days of date of sale, or upon terms to be agreed upon between Trustee and successful bidder, time being of the essence; payment for unpaid real estate taxes to be assumed by the purchaser. Purchaser shall pay for transfer stamps and recording fees. This is a buyer beware sale and any buyer is advised to retain counsel before the sale. The property is sold in “AS IS” condition. The Trustee shall be under no duty to cause any existing tenant or person occupying or leasing the subject property to vacate or quit said property. The Trustee will deliver a trustee’s deed to purchaser without any covenant or warranty (express or implied) in the form prescribed by W.Va. Code §38-1-6. The Trustee makes no representation and does not warrant title or fitness to the real estate to be conveyed.
If there is any part of the process of the sale which is found objectionable, the Trustee reserves the right to cancel the sale. No purchaser should take possession or make improvements in the premises until the Trustee deed is delivered or recorded. A third party purchaser at sale may be required to pay the purchase price plus all recording and transfer fees. Additional terms of sale may be announced prior to the sale.
Should any party have any inquires, objections to the sale or protests regarding the sale or request regarding the sale, please notify the Trustee below.
Given under my hand this May 1, 2023
G. Todd Houck, Trustee
G. Todd Houck
Attorney at Law, LC
105 Guyandotte Av
Mullens WV 25882
304.294.8055
[email protected]