NOTICE OF TRUSTEE’S SALE
NOTICE is hereby given that default having been made under the terms of a Deed of Trust dated March 18, 2016, and of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Trust Deed Book 5062 at page 0039, executed by James M. Buckland to John L. Bridi, Trustee, securing Pendleton Community Bank, which was given to secure the payment of the note therein described, and by Substitution of Trustee of record in the aforesaid Clerk’s office on Book 5072 at Page 5822 and demand having been made upon the undersigned so to do, the undersigned Substitute Trustee, Clyde A. Smith, Jr. will, on the 2nd day of December, 2020, at the front door of the Raleigh County Courthouse, in the City of Beckley, West Virginia, at 10:00 a.m., sell the following described real property, being the surface of those certain lots or parcels of land, situate in the City of Beckley, Raleigh County, West Virginia, and being located in Section No. 3 of the Lilly Land Company’s Addition to the City of Beckley, as shown and designated upon a map entitled, “Map of the Lilly Land Co. Addition to the City of Beckley, W.Va., Scale 1″ = 300′, Hal M. Scott, C & ME, Beckley, W.Va., Sept. 4, 1916,” which said map is of record in the Office of the Clerk of the County Court of Raleigh County, West Virginia, in Deed Book No. 58, at page 66, to which said map reference is here made and made a part hereof, which said part of said lots is more particularly bounded and described as follows:
TRACT NO. 1:
The surface of part of those two certain lots or parcels of land situate in the City of Beckley, Raleigh County, West Virginia, and being part of Lots Nos. 5 and 6 of Section No. 3 of the Lilly Land Company’s Addition to the City of Beckley, which said part of said lots is more particularly bounded and described as follows:
BEGINNING at a stake in the northwestern corner of Lot No. 5 of Section 3 of the Lilly Land Company’s Addition to the City of Beckley, at the intersection of the southern right of way line of Seventh Avenue (now Azzara Avenue) with the eastern line of a twelve-foot alley; thence with said line of said alley, S. 39deg. 59′ E 132.30 feet to a stake on the northern line of a twelve-foot alley and the southeastern corner of Lot No. 6 of said section of said addition; thence with said line of said alley, N. 30deg. 44′ E. 64.50 feet to a stake in the northern line of said alley; thence leaving said alley and passing through said Lots Nos. 6 and 5, N. 38deg. 22′ W. 111.03 feet to a stake in the southern right of way line of said Seventh Avenue (now Azzara Avenue); thence with said right of way line, S. 50deg. 01′ W. 64 feet to the point of beginning; and being the western portion of said Lots Nos. 5 and 6 of Section 3 of the Lilly Land Company Addition to the City of Beckley, Raleigh County, West Virginia.
TRACT NO. 2:
The surface, together with any appurtenances thereon, of the following lots or parcel of land situate in the City of Beckley, Raleigh County, West Virginia, and a part of Lots Nos. 5 and 6, which said parts of said Lots Nos. 5 and 6 of Section No. 3 are more particularly bounded and described as follows:
BEGINNING at a stake on the line of Lot 5 of Section 3 of said addition, which line is the eastern right of way line of Seventh Avenue (now Azzara Avenue), which stake is 64 feet, N. E. of the northwestern corner of Lot 5 of Section 3, with the eastern line of a 12 foot alley, and which stake is the northeast corner of a lot conveyed, to Hershel T. Meadows and wife by Norma Keys Grubbs and John Grubbs, her husband, by deed dated June 12, 1957, and of record in said Clerk’s Office in Deed Book 370, at page 118; thence with a line through Lots 5 and 6, S. 38deg. 22′ E 111.03 feet to a stake in the northern line of a 12 foot alley bordering Lot 6; thence with line of Lot 6 along said alley N. 30deg. 44′ E, approximately 94.50 feet to the corner of Lot 6 on the southern right of way line of First Street (now Earhart Street); thence along the southern right of way line of First Street (now Earhart Street) along Lots 6 and 5, 79.8 feet to the northeast corner of Lot 5 formed by the intersection of the eastern right of way of Seventh Avenue (now Azzara Avenue) with the southern right of way line of First Street (now Earhart Street); thence with said eastern right of way line of Azzara Avenue along Lot 5, S. 50deg. 01′ W. 86 feet to the point of beginning.
Said property will be sold upon the following terms and conditions:
1. Cash in hand on day of sale.
2. The property will be conveyed in an “AS IS” condition by Deed containing Special Warranty of Title, subject to the Internal Revenue Service right of redemption, all property taxes, prior Deeds, validly enforceable prior liens, reservations, encumbrances, restrictions, right-of-ways, easements, covenants, conveyances and conditions of record in the Clerk’s office or affecting the subject property.
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 Substitute 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 Substitute Trustee.
5. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate said property, or remove any personal property and/or belongings remaining at the property.
6. The purchaser(s) at the sale shall be responsible for paying the recording costs and also the tax on the privilege of transferring real property.
7. In the event 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.
CLYDE A. SMITH, JR.,
SUBSTITUTE TRUSTEE