Mercer

Legal Notice

NOTICE OF TRUSTEE’S SALE

Under authority of that certain Purchase Money Deed of Trust dated June 24, 2020, from Lonesome Pine Development, LLC to Bradley C. Ratliff, Trustee, of record in the office of the Clerk of the County Commission of McDowell County, West Virginia in Trust Deed Book No. 450, at page 620, to secure payment of a Purchase and Sale Agreement in the principal amount of $4,500,000.00 to Atlantic Land Company, LLC, and default having been made under the Purchase and Sale Agreement secured by the aforesaid Deed of Trust and sale requested by Atlantic Land Company, LLC, the undersigned Substitute Trustee will offer for sale at the front door of the McDowell County Courthouse in Welch, West Virginia, on June 27, 2023 at 10:00 a.m., subject to all reservations, exceptions, easements and other matters which appear of record, and subject to all unpaid taxes, if any, all of the following tracts or parcels of land, together with the improvements thereon and appurtenances thereunto belonging, lying and being on the waters of Jacobs Fork, Big Creek District in McDowell County, West Virginia, and being more bounded and described as follows:

PARCEL I
BEGINNING at a stake in the right of way of the Norfolk and Western Railway Company and line of C. A. Bailey; thence with the line of Bailey back to a stake in the line of the New River & Consolidated Coal Company; thence with the New River & Consolidated Coal Company line to a stake in the line of land now owned by said Harrison, thence with said Harrison’s line back to the line of the right of way of the Norfolk and Western Railway Company; thence with said railway company line back to the place of BEGINNING, containing 30 acres, more or less;

AND BEING Parcel 4 in that certain deed from Mildred Goodman and Henry Goodman, her husband to Hattie Harrison, by deed dated February 1, 1974, of record in McDowell County Court Clerk’s Office in deed book 310 at page 602;

PARCEL II
BEGINNING at a stake in the line of the N and W Railway Company right of way, corner to Parcel one; thence with the line of Parcel One, S 61 37 W to three chestnuts on top of a spur; thence down said spur N 83 25 E 110 feet S 50 E 160.5 feet; S 76 35 E 104.3 feet; S 84 E 200.6 feet; S 73 35 E 358.4 feet; S 57 55 E 167.3; S 60 30 E 278.6 feet; S 48 12 E 544.2 feet to a stake in Trace Branch; N 6 48 E 35.0 feet down Trace Branch; N 85 48 E 1347 feet up a hillside and crossing a spur to a poplar and white oak on a hillside about 400 feet west of Jacobs Fork; N 41 30 E 4130 feet to a stake on the bank of said fork; N 33′ 15′ E to the right of way in the N and W. Railway company and running with said right of way in a northerly direction to the BEGINNING corner;

AND BEING that part of Parcel 1, in the aforesaid deed to Hattie Harrison lying west of the right of way line of the N and W Railway Company;

PARCEL III
All the coal, oil, gas and other minerals in, on and underlying a tract of 7.7 acres consisting of three parcels and all of which said parcels are described as Parcel 3 in the aforesaid deed of February 1, 1974 to Hattie Harrison;

PARCEL IV
All of the coal, oil, gas in on and underlying the hereinafter described real estate, situate on the East side of Jacobs Fork bounded and described as follows, to-wit:

BEGINNING at a stake in line with and 25 ft. from the southeasternmost brick pier for a house foundation known as the Medley house; thence N 52 17 E 482.8 feet to a stake on top of a spur, at a wire fence in the line of Carl Pruett tract and; thence with the same line up the spur and with line of Carl Pruett to intersect with line of J. H. Harrison tract back of a graveyard, and with said line down a spur to the state road; thence with the right of way line of said road to the BEGINNING.

The said land being on the east side of Jacobs Fork, and about one mile above the town of the Squire, WV and containing six (6) acres more or less; and aforesaid tract was conveyed to the said Hattie Harrison by James J. Harrison, and wife, by deed dated the 27th day of July, 1961, which deed is to be forthwith recorded and said Clerks Office, together with any and all other coal, oil, gas and minerals which the said Hattie Harrison may own lying on the eastern side of the said Jacob Fork;

PARCEL V
All the remaining Surface land owned by the parties at the first part in a certain tract formally containing 25.75 acres, more or less, and described as Parcel 2 in the aforesaid deed to Hattie Harrison, dated February 1, 1974.
Being the same property conveyed from Lonesome Pine Development, LLC to Landover Energy, LLC by Deed dated June 17, 2020, of record in the aforesaid Clerk’s office in Deed Book No. 624, at page 82, and the same property conveyed from Atlantic Land Company, LLC to Lonesome Pine Development, LLC by Deed dated June 24, 2020, of record in the aforesaid Clerk’s office in Deed Book No. 624, at page 21.
Terms of sale: Certified funds or cash on date of sale.
Given under my hand this 19th day of May, 2023.

/s/ Marc B. Lazenby
Substitute Trustee

ID: 709181