NOTICE OF FORECLOSURE
Default having occurred in the payment of an obligation to the New Peoples Bank, Inc. by Akers Family Investments LLC and Tonya Clemons a/k/a Tonya Akers, which obligation was secured by a Deed of Trust executed by Phil Allen Akers, II, Chief Executive Member of Akers Family Investments, LLC; Phil A Akers, Sr., Member of Akers Family Investments, LLC; and Tonya Clemons a/k/a Tonya Akers, to Susan Kaye Bradley and Lynn Mayberry, Trustees, which Deed of Trust is dated February 13, 2019, and is of record in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Trust Deed Book 1368 at Page 156, and
That Trustee of that Deed of Trust having been substituted in favor of William S.Winfrey, II, by Substitution of Trustee recorded in said Clerk’s Office in Trust Deed Book 1468 at Page 113.
The undersigned Substitute Trustee, acting under the authority of a Substitution executed by L. Mori Williams, Senior Vice President of New Peoples Bank, Inc., dated January 4, 2023, recorded in said Clerk’s Office.
The undersigned Trustee will sell at public auction at the front door of the Courthouse in Princeton, Mercer County, West Virginia, on February 20, 2024, at 10:00a.m. to the highest bidder in the following described properties situate in Beaver Pond District, Mercer County, West Virginia bounded and described as follows:
1900 Coal Heritage Trail:
“Tract shown on plat prepared by Appalachian Engineering & Surveying, Inc. entitled ‘ALTA/ASCM LAND TITLE SURVEYED FOR AIRPORT SQUARE SHOPPING CENTER PARCELS 70, 70.2 & 79.1 TAX MAP 25 U.S. RTE. 52 & STATE ROUTE 123 -BRUSHFORK BEAVER POND DIST., MERCER CO., WEST VIRGINIA Job No.: 00161A Date: 08/22/00 Revisions: 09/05/00 Ck’d By: WHL.”
“BEGINNING at an iron pipe (found) in the eastern right-of-way line of U.S. Route 52, said iron pipe being the southwest corner of Parcel 69 and a northwest corner of Parcel 70 and the herein described tract; thence leaving said right-of-way and along the southern line of Parcel 69 N 55o 09’ 00” E 70.80 feet to an iron bar (set); thence along the eastern line of Parcels 69 and 106.1 N 34o 21’ 00” W 130.10 feet to a car axle (found) in the southern right-of-way line of State Route 52/8; thence along said right-of-way for the following three calls: S 75o 55’ 00” E 88.83 feet to an iron pipe (found); S 86o 07’ 00” E 221.65 feet to an iron pipe (found); S 84o 41’ 00” E. 142.14 feet to a pinched pipe (found); thence leaving said right-of-way and along the western line of Parcel 70.1 S 01o 17’ 00” E 112.81 feet to an iron bar (set); thence along the western line of Parcel 77 S 02o 47’ 00” W 315.23 feet to a car axle (found); thence along the southern line of Parcel 77 N 72o13’ 00” E 304.00 feet to an iron bar (set); thence along the western line of Parcel 79 S 20o 51’ 00” E passing an iron bar (set) at 354.00 feet and continuing for a total distance of 543.75 feet to an iron bar (set) at the edge of Brush Fork Creek in the northern right-of-way line of State Route 123 (Airport Road); thence along said State Route 123 and with the edge of Brush Fork Creek with a curve to the left chord bearing S 78o 14’ 42” W (Radius = 868.51 feet; Arc Length = 121.63 feet) 121.53 feet to an iron bar (set); thence continuing along said State Route 123 and through Brush Fork Creek with a curve to the left chord bearing S 68o 12’30” W (Radius = 868.51 feet; Arc Length = 183.15 feet) 182.81 feet to an iron bar (set); thence continuing along said State Route 123 S 62o 10’ 00” W 66.29 feet to a point; thence leaving State Route 123 and along the eastern line of Parcel 79.1 N 16o 20’ 00” W 184.38 feet to a point; thence through Parcel 70 for the following two calls: N 24o 34’ 57” W 124.21 feet to a point; S 68o01’ 02” W 217.35 feet to a point in the eastern right-of-way line of U.S. Route 52; thence along said U.S. Route 52 N 20o 51’ 00” W passing an iron bar at 127.11 feet and an iron pipe at 243.16 feet, and continuing for a total distance of 706.16 feet to the point of Beginning and containing 9.86 acres more or less.
“LESS AND EXCEPT that certain parcel or tract of land conveyed to U. S. Restaurant Properties Operating, L.P. in Deed dated January 10, 2003 and recorded in Book 852 at Page 253 of the Mercer County Commission Clerk’s Office, West Virginia and more particularly shown as Parcel 70.2 containing 0.44 acres, more or less, on that survey entitled, ALTA/ACSM Land Title Survey for Airport Square Shopping Center” prepared by Appalachian Engineering & Surveying, Inc. (Job No. 00161A) dated August 22, 2000 and last revised April 23, 2001.”
“LESS AND EXCEPT that certain parcel or tract of land conveyed to Into the Light Outreach International, Inc. In Deed dated November 5, 2013 and recorded at Book 998 at Page 627 of the Mercer County Commission Clerk’s Office, West Virginia and more particularly shown as “Part Tract III, Part Parcel 70 Tax Map 25”, containing 4.00 acres, more or less, on that survey entitled “ALTA/ASCM Land Title Survey for Airport Square Shopping Center Parcels 70, 70.2 & 79.1 Tax Map 25 U.S. Rte. 52 & State Route 123 – Brushfork Beaver Pond Dist., Mercer Co., West Virginia” by Appalachian Engineering & Surveying, Inc. dated August 22, 2000, last revised July 30, 2013.”
“LESS AND EXCEPT that certain parcel or tract of land being all of that “Out Parcel ‘C’ located on State Road 123, Beaver Pond District, Mercer County, West Virginia”, more particularly described as follows:
“BEGINNING at an iron bar located in edge of creek, in the Southwest corner of Parcel 79 (referred to herein as the Vacant Parcel); thence along the right-of-way of State Route 123 along a curve to the left having a radius of 868.51 feet, an arc length of 121.63 feet anda chord bearing and distance of S 78o 14’ 42” W 121.53 feet to a capped rebar set; thence leaving the right-of-way of State Route 123 N 20o 51’ 00” W 170.54 feet to a railroad spike in pavement (found); thence N 69o 09’ 00” E 120.00 feet to a capped rebar set; thence S20o 51’ 00” E 189 .75 feet to the point of BEGINNING; and containing 0.49 acre more or less; all as shown on that survey entitled “ALTA/ASCM L and Title Survey for Airport Square Shopping Center Parcels 70, 70.2 & 79.1 Tax Map 25 U.S. Rte. 52 & State Route 123 – Brushfork Beaver Pond Dist., Mercer Co., West Virginia” by Appalachian Engineering & Surveying, Inc. Dated 8/22/00 last rev. 7/30/13.”
111 Julep Court:
“all that certain tract or parcel of real estate, together with the improvements thereon, situate on County Route 11, in Bluewell, as shown on map entitled, ‘MAP SHOWINGPART PARCEL 57 TAX MAP 17H COUNTRY ROUTE 11, BLUEWELL BEAVER POND DIST., MERCER CO., WV’ dated 5/9/01, prepared by Appalachian Engineering andSurveying, Inc.”, a copy of which is recorded in the Office of the Clerk of the County Commission of Mercer County, West Virginia, as Microfilm Plat No. 14350, and more particularly bounded and described as follows:
“BEGINNING at an iron pipe or pin located in the east line of the old Bluefield – Bramwell road, at a distance of 407 feet northwardly from the northwest corner of Lot 7, as shown on a map showing location of Sect. No. 2. Harry – Johnston Addition, near Bluewell, Mercer County, West Virginia, made under the direction of Elmer C. Barton, C.E. May 17, 1947; thence with the east line of the Bluefield – Bramwell road N. 11o 21’ W. 118.40 feet to a point at another iron pin; thence leaving the road N. 64o 24’ E. 99.76 feet to another iron pin; thence S. 12o 18’ 16” E. 152.48 feet; thence S. 84o 07’ 19” W. 99.68 feet to the point of BEGINNING.”
And being the same property conveyed to Tonya Clemons, by Robert C. Honaker and Naida M. Honaker, husband and wife, by Deed dated May 11, 2001, of record in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Deed Book 831 at Page 716.
“Grantors reserve a right of access across the 30 feet wide strip as shown on the above map to provide a means of access to the remainder of the property owned by the Grantors located to the east of the hereinabove described parcel. Grantee shall have the right to use the parcel of real estate so reserved for parking of vehicles so long as Grantors have access through such reserved easement to the remainder of their property.”
The terms of the sale shall be cash in hand on the date of sale; the purchaser shall assume any and all property taxes which are now due or to become due. A minimum bid will be announced at the time of sale. Please contact the Trustee with any pre-sale questions.
The undersigned reserves the right to reject any and all bids.
WILLIAM S. WINFREY, II.,
Substitute Trustee
1608 West Main Street
P.O. Box 1159
Princeton, WV 24740
Phone: (304)487-1887
ID: 769376