Mercer

Legal Notice

TRUSTEE’S SALE OF
VALUABLE REAL ESTATE

The undersigned Substitute Trustee, by virtue of the authority vesting in it by that certain Deed of Trust dated February 16, 2000, and recorded in the Office of the Clerk of the County of Commission of Mercer County, West Virginia, in Book No. 856 at Page 467, Sally B. Lewis and Jimmy L. Lewis did convey unto Harry M. Rubenstein, as Original Trustee, certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Elk River Trustees Inc., as Substitute Trustee by virtue of a Substitution of Trustee recorded October 12, 2022, and recorded in Book 1448 at Page 363 in the aforesaid Clerk’s Office; the undersigned Substitute Trustee has been requested, in writing, by the beneficiary of said Deed of Trust to sell the real estate described below, as there has been a default under the terms and conditions of said Deed of Trust. Therefore, the undersigned Substitute Trustee having been instructed by The Bank of New York Mellon Trust Company N.A. as successor in interest to all permitted successors and assigns of Bank One, National Association as Trustee, of the GreenPoint Manufactured Housing Contract Trust, Pass-Through Certificates, Series 2000-3 to foreclose thereunder will offer for sale, at a public auction at the front door of the Mercer County Courthouse in Princeton, West Virginia, on

July 27, 2023 at 1:00 PM

the following described real estate, together with its easements, improvements, and appurtenances thereunto belonging, situate in Beaver Pond District, Mercer County, West Virginia, and more particularly bounded and described as follows:

LEGAL DESCRIPTION

All that certain 0.54 acre parcel of real estate as shown on plat entitled “Plat Showing a 0.54 Acre Parcel of Land Being Conveyed by Jerry Crews and Sara Crews Lying on the Waters of Brush Creek of Bluestone River, Beaver Pond District, Mercer County, Ceres, West Virginia, Scale 1′ = 20′, April 14, 1995,” by Shields Engineering Company, recorded in microfilm Plat Record# 11999, and which said property is more particularly bounded and described as follows:

BEGINNING at a 1/2″ Iron Rod found on the southeastern bank of South Fork Creek situate N. 39 degrees 03′ 00′ W 18.56 feet from a #6 Rebar found in the center line intersection of two driveways and being in the northeast line of Gladys Bowman and being the northwest corner of Thomas R. Grant, (see “Land Installment Contract: between Grant and Faidley of record at Deed Book 714 at Page 494); thence leaving said Grant property and with the northeast line of Bowman and passing through the center of a bridge N. 39 degrees 03′ 00″ W 121.40 feet to a 1/2″ Rebar set; thence leaving the Bowman line and through the lands of Jerry Crews N 51 degrees 18′ 00” E187.42 feet to a 1/2” Rebar set in the northwest line of George Zamias, et. als.; thence with the line of said Zamias S. 49 degrees 28′ 00″ 95.27 feet to a 1/2″ Iron Rod found on the southeastern bank of South Fork Creek; thence leaving said Zamias line and with the southeastern bank of said creek and with the northwest property lines of said Grant property the following three calls: S. 29 degrees 35′ 20″ W. 36.63 feet to 1/2″ Iron Rod found; thence S. 32 degrees 40′ 50″ W. 79.21 feet to a 1/2” Iron Rod found; thence S. 57 degrees 54′ 10″ W. 96.01 feet to the point of BEGINNING and containing 0.54 acres.

Including the following Manufactured Home: Clayton Homes, (make) Royal Crest (model) 28×56 (size) 1999 (year) CLR015074TNAB

At the time of the execution of the subject Deed of Trust, the property was reported to have an address of: RR 2 Box 183, Bluefield, West Virginia 24701

The above referenced real estate will be conveyed with no covenants of warranty and subject to any and all easements, rights of way, conditions, covenants, restrictions, exceptions, reservations, leases and other servitudes, which may be a matter of record in the aforesaid Clerk’s Office or visible upon the ground. The sale of the referenced real estate will also be subject to all prior liens and including any and all other deeds of trust, judgments, liens, and all other encumbrances of any nature whatsoever, if any, having priority over the subject Deed of Trust.

The subject property will be sold in an “AS IS” condition. The Substitute Trustee makes no representations and warranties of any kind or character including, but not limited to, the condition of the real estate or the title to the real estate to be conveyed. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.

In the event that there are federal tax liens against the property, the United States has the right to redeem the property within a period of one hundred twenty (120) days from the date of the sale. The Substitute 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 the foreclosure sale described herein.

TERMS OF SALE

1. $3,000.00 (Three Thousand Dollars) in cash and/or certified funds made payable to “Elk River Trustees, Inc.” due as a deposit at the time of sale, with the balance due and payable within thirty (30) days of sale. Personal checks will not be accepted.
2. The purchaser at the sale shall be responsible for payment of all real estate taxes.
3. The purchaser shall be responsible for payment of the recording cost of the deed and also for payment of the tax on the privilege of transferring the real property (transfer tax) imposed by West Virginia Code ยง 11-22-2.
4. The parties secured by the Deed of Trust reserve the right to purchase the property at the foreclosure sale.

ELK RIVER TRUSTEES, INC.
714 Venture Drive, #132
Morgantown, WV 26508
Telephone: 304-241-6962
Fax: 330-436-0301
Reference file # 23-01245

ID: 719885