NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE OF REAL ESTATE
1.01 Acre Bluestone HT With
Addition and 0.58 Ac
Rocky Branch Rd
344 3 Rocky Branch Road
Princeton, West Virginia 24740
Tax Map & Parcel Nos:
Rock District Tax Map 33
Parcel 32.5 and Parcel 32.3
Upon notification by New Peoples Bank, Inc., the holder of a Note secured by a deed of trust dated March 8, 2023, executed by Amanda Thomas Taylor, Individual unto Mori Williams and Jamie Cox-Kidd, Trustees, and .recoded March 15, 2023 in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Trust Deed Book 1454, page 390, of a default, and having been requested to institute these proceedings, and by virtue of the authority vested un us by a substitution of trustee, dated November ·24, 2023, recorded in said Clerk’s Office in Book 1467 Page 543, by which we were substituted as Trustee for Mori Williams and Jamie Cox-Kidd, we the undersigned, Toby Lucas Jr., PLLC, Substitute Trustee, will ON THE 14TH DAY OF .FEBRUARY, 2024, AT 10:00 AM, offer for sale at public auction at the front door of the Mercer County, West Virginia Courthouse at Princeton, West Virginia, certain property described in said deed of tn1st lying in the Rock District of Mercer County West Virginia, with a known address of 3443 Rocky Branch Road, Princeton, West Virginia 24740, and more particularly described as follows:
(28-11-33-0032-0003-0000):
“A parcel of land located on the waters ofBluestone River in Rock District, Mercer County, West Virginia and·more particularly described as follows:
“BEGINNING at an iron pin set in the north line of Rocky Branch Road from which a fence comer of the Hardin Tract is located at N. 88° 22; W., 395.42 ft.; thence N. 15° 37’ W., 102.16 ft. leaving said road and crossing Rocky Branch to an iron pin set; thence N. 57° 39’ E. 342.18 ft. to an iron pin set on the. north bank of Rocky Branch; thence S. 61° 30’ E. 92.79 ft. to an iron pin set on the east bat:ik of Rocky Branch thence S. 15° 37’ E. 161.56 ft. crossing said branch to an iron pin set in tl1e north line of Rocky Branch Road; thence S. 74° 53’ W. 295.96 ft. with the north line of said road to a point; thence S. 87° 30’ W. 101.00 ft. continuing with said road to the BEGINNING and co-ntaining 1.59 acres more or less as shown on a plat entitled “Plat of Survey Showing a Lot Divided From the Mollie Hardin Tract as described in Deed Book 517 at Page 532 and Located on the Waters ofBluestone in Rock District, Mercer County, West Virginia DANA PETTREY & ASSOCIATES P.O. Box 641 Athens West Virginia Date: 6/8/69 Scale: 1” = 60’ /s/ Dana Pettrey”.
There is EXCEPTED and RESERVED from this conveyance that certain tract or parcel of real estate the following described tract or parcel of real estate conveyed to Amanda Jessee from Robert P. Thomas by Deed dated October 11, 2016 and recorded September 9, 2020, in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Deed Book 1093, page 124, and being more particularly bounded m1d described as follows:
“a certain tract or parcel of real estate situate on the waters of Rocky Branch approximately 2 miles southwest of the community of Gardner, on Rocky Branch Rd., Co. Rd. #7/1, Rock District Mercer Co. WV, as shown on a plat of survey entitled, “PLAT OF SURVEY SHOWING A 0,58 ACRE± TRACT OF THE ROBERT P. THOMAS PROPERTY TO BE CONVEYED BEING A PART OF THE PROPERTY DESCRIBED TN D.B. 871, Pg. 435, SITUATE ON THE WATERS OF ROCKY BRANCH, APPROX. 2 MILES SOUTHWEST OF THE COMMUNITY OF GARDNER, ON ROCKY BRANCH RD., CO. RD. #7/2, ROCK DIST., MERCER CO. WV., SCALE 1” = 50’, SURVEYED 09/17/16 BY .JOSEPH A. FINK, P.S., 414 THORN ST. PRINCETON, WV 24740”, and which tract or parcel of real estate is more particularly bounded and described as follows:
“BEGINNING at a ½” rebar found in the common corner of Robert P. Thomas property (D.B. 871 Pg.435) and the Carolyn Sue Hardin property (D.B. 918 Pg. 128), said rebar also being situate in the northern right-of-way line of Rocky Branch Rd #7/2; thence leaving the northern right-of-way line of said Co. Rd. #7 /2, and running with the common line of said Hardin property, the following two (2) courses and distances: N19°09’25”W – 101.90’ to a ½” rebar found; N53°57’54”E- 179.58’ to a point on a steep slope; thence leaving the common line of said Hardin, and running through the said Thomas property the following course and distance: S20°52’01”E – 176.87’ (passing through a 58” rebar with a cap set on-line @ 26.48’) to a 5/8” rebar with a cap set in the northern right-of-way line of said Co. Rd. #7/2; thence running with the northern right-of-way line of said Co. Rd. 7/2, the following four (4) chord bearings and distances: S71°04’10”W – 71.13’ to a point; S80°54’36”W – 40.45’ to a point; S85°51 ‘20” – 46.19’ to a point; S79°54’27”W – 21.81’ to the point of BEGINNlNG, and containing 0.58 acres, more or less.”
“This description is subject to all notes, references and exclusions noted on the aforesaid plat by Fink Engineering & Land Surveying, LLC, dated 09/17/16.
“This conveyance is made subject to those pertinent restrictions, reservations and easements of record.”
AND BEING the same property conveyed to Robert P. Thomas by Deed dated July 7, 2004 and recorded in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Deed Book 871, page 435, from Karen F. Thomas. And being further the same property conveyed unto Amanda Jean Taylor by deed from Robert P. Taylor., which said deed in recorded in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Deed Book 1123, page 414.
(28-l l-33-0032-0005-0000):
“a certain tract or parcel of real estate situate on the waters of Rocky Branch approximately 2 miles southwest of the community of Gardner, on Rocky Branch Rd., Co. Rd. #7/1, Rock District, Mercer Co. WV, as shown on a plat of survey entitled, “PLAT OF SURVEY SHOWING A 0.58 ACRE± TRACT OF THE ROBERT P. THOMAS PROPERTY TO BE CONVEYED BEING AP ART OF THE PROPERTY DESCRIBED IN D.B. 871, Pg. 435, SITUATE ON THE WATERS OF ROCKY BRANCH, APPROX. 2 MILES SOUTHWEST OF THE COMMUNITY OF GARDNER, ON ROCKY BRANCH RD., CO. RD. #7/2, ROCK DIST., MERCER CO. WV., SCALE 1” = 50’, SURVEYED 09/17/16 BY JOSEPH A. FINK, P.S., 414 THORN ST., PRINCETON, WV 24740’’, and which tract or parcel of real estate is more particularly bounded and described as follows :
“BEGINNING at a ½” rebar tound in the common comer of Robert P. Thomas property (D.B. 871 Pg.435) and the Carolyn Sue Hardin property (D.B. 918 Pg. 128), said rebar also being situate in the northern right-of-way line of Rocky Branch Rd #7/2; thence leaving the northern right-of-way line of said Co. Rd. #7/2, and running with the common line of said Hardin property, the following two (2) courses and distances: N19°09’25”W – 101.90’ to a ½” rebar found; N53°57’54”E – 179.58’ to a point on a steep slope· thence leaving the common line of said Hardin, and running through the said Thomas property, the following course and distance: S20°52’01 “E – 176.87’ (passing through a 58” rebar with a cap set on-line @ 26.48’) to a 5/8” rebar with a cap set in the northern righ,t-of-way line of said Co. Rd. #7/2; thence running with the northern right-of-way line of said Co. Rd. 7/2, the following four (4) chord bearings and distances: S71 °04’10”W – 71.13’ to a point; S80°54’36”W – 40.45’ to a point· S85°51 ‘20” – 46.19’ to a point; S79°54’27”W – 21.81’ to the point of BEGlNNING, and containing 0.58 acres,
more or less.’’
“This description is subject to all notes, references and exclusions noted on the aforesaid plat by Fink Engineering & Land Surveying, LLC dated 09/17/16.”
“This conveyance is made subject to those pertinent restrictions, reservations and easements of record.’’
AND BEING the same property conveyed to Amanda Jessee by Deed dated October 11, 2016 and recorded September 9, 2020, in the O·ffice of the Clerk of the County Commission of Mercer County, West Virginia, in Deed Book 1093, page 124, from Robert P. Thomas.
TOGETHER WITH all of the right, title, and interest of New Peoples Bank, Inc., in and to that certain personal property, as described in said note and security installment hereinbefore mentioned.
As provided in the deed of trust and pursuant to the provisions of applicable law, the undersigned Substitute Trustee may exercise all of the powers, rights, authority, and duties granted in the deed of trust.
TERMS: Cash in hand on the day of sale (or such other arrangements as may be satisfactory to said Substitute Trustee and the holder of the Note). Additional te1n1s and conditions may be announced at the sale. Closing shall occur at the office of the trustee within 10 days of the date of the sale, at which time the balance of the purchase price will be due and payable in cash. The property will be sold “AS IS’’ and will be conveyed by special warranty deed, subject to all taxes, now due or to become due on said property, all, including but not limited to sewer liens, objections, rights, reservations, leases, covenants, conditions, easements, and restrictions superior to the lien of the deed of trust as they may lawfully affect the property. Neither the Substitute Trustee nor the holder of the note secured by the deed of trust will deliver possession of the property to the successful bidder. The purchaser at the sale will be required to pay all closing costs including but not limited to 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 19th day of January, 2024.
Toby Lucas Jr., PLLC
Substitute Trustee
ID: 768744