NOTICE OF
SUBSTITUTE TRUSTEES’
FORECLOSURE SALE
OF VALUABLE REAL ESTATE
Property Address:
318 North State Street, Athens, WV 24712
Property Description:
Parcel 4 (2.04 acres) Laurel Creek, Near Lerona Plymouth District, Mercer County
Upon notification by United Bank lnc., the holder of a Note secured by a Deed of Trust dated April 6, 2004, executed by James C. Jenkins and Marian M. Jenkins, unto Thomas Graff, Jr., and Michael J. Pleska as Trustees, recorded in the Office of the Clerk of the County Commission of Mercer County, West Virginia in Trust Deed Book 1003, at Page 65, of a default, and having been requested to institute these proceedings, and by virtue of the authority vested in us by a Substitution of Trustees, dated December 21, 2023, recorded in said Clerk’s Office in Resignation and Substitution of Trustee Book 1467, at Page 694, by which I was substituted as trustee for the said Thomas Graff, Jr., and Michael J. Pleska, I will
ON THE 22nd DAY OF FEBRUARY, 2024, AT 10:00 O’CLOCK A.M., at the front door of the Mercer County Courthouse at Princeton, West Virginia, offer for sale at public auction to the highest bidder, the following property, to-wit:
PARCEL 3
“BEGINNING at an iron pin set in the southeast line of West Virginia Route 20 which marks the northern corner of the Basil Dew Parcel; thence N. 37° 12’ 30” E. 64.40 ft. With the southeast line of Route 20 to an iron pin set in the centerline of a 25 ft. wide right of way; thence S. 53° 26’ 10” E. 206.06 ft. with the centerline of a said 25 ft. wide right of way to an iron pin set at the northern corner of Parcel 4; thence S. 12° 41’ 10” W. 600.78 ft. with the west line of Parcel 4 to an iron pin set in the northeast line of the Cleo Hopkins Tract; thence N. 55° 17’ W. 140.0 ft. with the northeast line of the Cleo Hopkins Tract to a fence intersection at the southern corner of C.M. Keaton parcel; thence N. 4° 12’ 45” E. 180.00 ft. with the east line of the C.M. Keaton Parcel to a fence corner; thence N. 25° 02’ 20” E. 226.54 ft. with the east line of the Basil Dew Parcel to an iron pipe found; thence N. 19° 00’ 50” W. 204.23 ft. continuing with the east line of the Basil Dew Parcel to the BEGINNING, containing 2.07 acres more or less.”
PARCEL 4
“BEGINNING at an iron pin set in the northeast line of the Cleo Hopkins Tract which marks the southern corner of Parcel 3; thence N. 12° 41’ 10” e. 600.78 ft. with the east line of Parcel 3 to an iron pin set in the centerline of 25ft. right of way at the common southern corner of Parcels 1 and 2; thence S. 31 ° 4 7’ 40” E. 286.16 ft. with said 25 ft. wide right of way to a fence corner at the western comer of the Johnnie Lamb Tract; thence S. 22° 52’ 05” W. 452.50 ft. with the western line of Parcel 5 to an iron pin set in the northeast line of the Cleo Hopkins Tract; thence N. 55° 17’ W. 130.0 ft. with the northeast line of the Cleo Hopkins Tract to the BEGINNING, containing 2.04 acres, more or less.”
The property is restricted as follows:
“No tent, shack, garage, barn or other outbuilding erected upon any of the said property shall be used as a residence temporarily or permanently, nor shall any structure of a temporary character be used as a residence. No junk yards or non-licensed junk automobiles will be allowed on any tract and there will be no accumulation of trash or garbage on any tracts in the subdivision. There will be no more than one mobile home per tract. No noxious or offensive trade or activity shall be carried upon any lot or tract, nor shall anything be done thereon which may be or become a nuisance to the neighborhood.”
“The right to construct and maintain water, lights and power, telephone, gas, sewer and all other utility lines, for the benefit of the subdivision, over, under, and across all of the said property including the streets and avenues, is expressly reserved. Such lines shall be located and constructed with as little injury to the property as reasonably possible.”
“No such building or structure shall be erected nearer, porches included, that 30 feet to the front line of the street, nor nearer than 10 feet to the side line of any lot or tract. Present buildings are excluded.”
“Any vacant tracts sold are subject to the condition that purchaser agrees to obtain a septic system permit from the Mercer County Health Department before establishing residence on said tract.”
AND BEING the same property conveyed unto James C. Jenkins and Marian M. Jenkins by deed of Harry Kosmatka by Jennifer Prinzbach, his attorney in fact, dated March 2, 2004, and of record in the Office of the Clerk of the County Commission of Mercer County, West Virginia in Deed Book 867 at page 570.”
The terms of the sale shall be cash in hand on the day of sale ( or such other arrangement as may be satisfactory to said Substitute Trustees and holder of the Note), and said property is being sold in “as is” condition. Said sale is subject to all taxes now due or to become due on said property, all liens, including but not limited to, sewer liens and restrictions, easements or other matters of record in said Clerk’s Office, affecting the title to said property. The purchaser is to pay the excise tax on the privilege of transferring said real estate.
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.
Notice is also given that any personal property and/or belongings remaining at the property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY.
Dated this the 17th day of January, 2024.
GREGORY K. BALL,
SUBSTITUTE TRUSTEE
ID: 768179