Mercer

Legal Notice

NOTICE OF TRUSTEE’S SALE

In execution of the deed of trust, dated December 6, 2018, from Steven P. Coleman, not personally but as Trustee on behalf of J. Marvin Coleman Residuary Trust, to Jeffrey D. Noble, as trustee, of record in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Trust Deed Book 1365, at page 85, and the deed of trust, dated December 6, 2018, from Steven P. Coleman, not personally but as Trustee on behalf of J. Marvin Coleman Residuary Trust, to Jeffrey D. Noble, as trustee, of record in said Clerk’s Office in Trust Deed Book 1365, at page 95, the undersigned trustee will offer for sale at public auction on February 6, 2024, at 10:00 a.m., at the North Walker Street entrance to the Mercer County Courthouse, Princeton, West Virginia, the following described lots or parcels of real estate located in Beaver Pond District, Mercer County, West Virginia, which are more particularly bounded and described as follows, to-wit:

1. Lots 5 through 11, R. L. Hutcherson Subdivision, and a parcel adjoining said Lot 5, Parts Lots 14, 15, 16, 17 (sometimes referred to as 13), 18, 19, 10 and 22 (sometimes referred to as 15), Dare Land, and Lots 46, 47, 48, 49, 50, 51, 52, 53 and 54, J.R. McNutt Farm Subdivision, together described as follows:

BEGINNING at the point of juncture of the east line of U.S. Route 19-21 with the north line of a County Road; thence with the said east line of U. S. Route 19-21 N. 30o 30’ E. 90 feet, more or less, to a stake; marking the west corner of Lot 5 and the southwest corner of Lot 6, in said R. L. Hutcherson Subdivision; thence with the said east line of the following 3 courses and distances: N. 30o 00’ E. 335 feet to a point; thence N. 32o 49’ 30” E. 164.5 feet, more or less, to a point; and, thence N. 33o 0’ E. 379 feet, more or less, to a point in the south line of Lot 21, Dare Tract; thence with said south line S. 65o 13’ E. 72 feet, more or less, to a point on the line separating the Dare and McNutt tracts; thence with said division line N. 24o 34’ E. 74.85 feet (sometimes referred to as 75 feet, more or less) to the northeast corner of Lot 21, Dare Tract; thence with said north line N. 65o 13’ W. 71 feet, more or less, to a point in said right-of-way line of said highway; thence with said right-of-way line of said highway, N. 33o 00’ E. 76 feet, more or less, to a point in the south line of Lot 23, Dare Tract; thence with said south line S. 65o 13’ E. 64 feet, more or less, to a point, in said division line between the Dare and McNutt tracts; thence with said division line N. 24o 34’ E. 300 feet, more or less, to a point in said division line at its juncture with the west line of 16 feet wide roadway, said point marking the northernmost corner of Lot 54, McNutt Farm Subdivision; thence with the west line of said 16 feet wide roadway, the following 6 courses and distances: S. 14o 34’ W. 35 feet to a point; thence S. 7o 47’ W. 121.9 feet to a point; thence S. 22o 51’ W. 170.9 feet to a point; thence S. 14o 50’ W. 192.8 feet to a point; thence S. 2o 56’ W. 83.7 feet to a point, the southeast corner of said Lot 54 and the northeast corner of Lot 53, in said Farm Subdivision; and, thence S. 15o 50’ E. 157.8 feet to a point where said 16 feet wide roadway joins to or becomes a 25 feet wide roadway; thence with the west line of said 25 feet wide roadway, S. 27o 30’ W. 373.6 feet to a point marking the northeast corner of Lot 45, in said J. R. McNutt Farm Subdivision; thence with the north line of said Lot 45, N. 62o 15’ W. 205.4 feet to a point; thence S. 27o 30’ W. (sometimes referred to as S. 27o 28’ W.) 49.45 feet to a point, the southeast corner of Lot 10, in said R. L. Hutcherson Subdivision; thence with the north line of an alley N. 64o 00’ W. 12 feet to a point, the northeast corner of Lot 9, in said R. L. Hutcherson Subdivision; thence with the west line of said last mentioned alley, 12 feet wide, the following 2 courses and distances; S. 27o 30’ W. 60 feet to a point, and thence S. 30o 35’ W. 244.4 feet to a point marking the juncture of said west line of said 12 feet wide alley with the north line of a County Road; thence with said north line of said County Road N. 69o 40’ W. 112k feet, more or less, to the point of BEGINNING.

2.Lots 56, 57, 58 and 59, J. R. McNutt Farm Sub-division, together more particularly bounded and described as follows:

BEGINNING at the point of juncture of the east line of a 25 feet wide roadway with the north line of a 40 feet wide roadway, the southwest corner of said Lot 59; thence with said east line of said 25 feet wide roadway, N. 27o 30’ E. 288 feet to a point, the southwest corner of Lot 55, in said Sub-division; thence with the south line of said Lot 55, S. 55o 00’ E. 261.4 feet to a point in the west line of a 16 feet wide roadway; thence with said line of said roadway the following two courses and distances: S. 56o 02’ W. 40.8 feet, and thence S. 15o 02’ W. 55 feet to a point, the juncture of said west line of a 16 feet wide roadway with the west line of a 10 feet wide roadway; thence with said latter west line S. 61o 45’ W. 224.5 feet to the point of juncture of said west line with said north line of a 40 feet wide roadway; thence with said north line, N. 54o 32’ W. 138.3 feet to the point of BEGINNING.

3.Lot 60, J. R. McNutt Farm Sub-division, more particularly bounded and described as follows:

BEGINNING at the point of juncture of the north line of a 40 feet wide roadway with the east line of a 10 feet wide roadway; thence with said east line, N. 61o 45o E. 220 feet to a point, the juncture of said east line with the east line of a 16 feet wide roadway; thence with said latter line, S. 27o 48’ E. 50 feet to a point, the northwest corner of Lot 61, in said Subdivision; thence with the west line of said Lot 61, S. 44o 10’ W. 228.5 feet to a point in said north line of said 40 feet wide roadway; thence with said line, N. 27o 46’ W. 120 feet to the point of BEGINNING.

There is excepted, however, from the above described properties the three (3) parcels containing 1.97 acres, more or less, 1.23 acres, more or less, and 0.10 acres, more or less, and the right by way of temporary easement in the fourth parcel containing .38 acre, more or less all as set forth in the Order in the Civil Action No. 17291 styled West Virginia Department of Highways, a Corporation, and William S. Ritchie, Jr., West Virginia Commissioner of Highways vs. M. Douglas Hodges and Evelyn H. Hodges, his wife, J. Marvin Coleman and Shirley Ann Coleman, his wife, W. T. Hancock, Robert M. Richardson, Trustee, Flat Top National Bank of Bluefield, a Corporation and Green Valley-Glenwood Public Service District, and Appalachian Power Company, a corporation, of record in said Clerk’s Office in Deed Book 497; at page 485. The parcel constituting this exception are portions of source deeds (3) and (4) set forth immediately above.

And being the same property, an undivided 1/2 interest of which was conveyed to Steven Patrick Coleman and James Douglas Coleman, Co-Trustees of the James Marvin Coleman Residuary Trust, by deed dated March 13, 2008 of Shirley A. Coleman Execturix of the Estate of James Marvin Coleman, of record in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Deed Book 924, at page 724, and an undivided 1/2 interest of which was conveyed to Steven Patrick Coleman and James Douglas Coleman, as Co-Trustees of the James Marvin Coleman Residuary Trust by John C. McLemore, Trustee in Bankruptcy by deed dated September 11, 2008, of record in the aforesaid Clerk’s Office in Deed Book 930 at page 130 and also by quitclaim deed dated October 3, 2017 of M. Douglas Hodges of record in the aforesaid Clerk’s Office in Deed Book 1058 at page 609.

The deeds of trust state that the address of this real estate is commonly known as 459 Blue Prince Road, Bluefield, West Virginia 24701.
J. Peter Richardson was appointed substitute trustee by the APPOINTMENT OF SUBSTITUTE TRUSTEE, dated December 28, 2023, of record in said Clerk’s Office in Trust Deed Book 1468, at page 114, and by the APPOINTMENT OF SUBSTITUTE TRUSTEE, dated December 28, 2023, of record in said Clerk’s Office in Trust Deed Book 1468, at page 115.
This sale will include all rights, easements, appurtenances, improvements and structures that are part of the real estate described above. This sale will be subject to all restrictions, rights-of-way, conditions, easements and matters of record, mechanic’s and materialmen’s liens, if any, whether of record or not of record, and unpaid real estate taxes, to the extent any of the foregoing apply and take priority over the lien of the deed of trust.
TERMS OF SALE: Cash in hand on day of sale. The conveyance of the real estate will be by deed without any warranty, expressed or implied. The real estate and any improvements thereon will be sold in “as is” condition without any warranties. The successful bidder will assume the risk of all loss or damage to the real estate and any improvements thereon after the sale, and be responsible for all costs of the conveyance including, but not limited to, any examination of title, preparation of the deed, excise tax and recording fees. Any announcements made at the sale, including postponement of the sale and withdrawal of the real estate from sale, will take priority over published notices.
Dated: January 10, 2024.

J. Peter Richardson, as trustee
Post Office Box 1778
Bluefield, West Virginia 24701
(304) 327-7158

ID: 766659