TRUSTEE’S SALE OF
VALUABLE REAL ESTATE
The undersigned Substitute Trustee, by virtue of the authority vested in him by that certain Deed of Trust, dated July 9, 2007, and duly recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Document No. 50280227, in Book No. 5028, at Page 0227, Jeremy A Bemak and Wendy M Hendricks did convey unto Thomas H. Gilpin, Trustee(s), certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Seneca Trustees, Inc., as Substitute Trustee; and default having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by JPMorgan Chase Bank, National Association to foreclose thereunder, will offer for sale at public auction at the front door of the Raleigh County Courthouse in Beckley, West Virginia, on
April 15, 2024 at 1:15 PM
the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in 05 – Marsh Fork District, Raleigh County, West Virginia, and more particularly described as follows:
The surface of those certain tract or parcels of land situated in Marsh Fork District, Raleigh County, West Virginia, and being more particularly described as follows: First Tract: Beginning at an iron pipe set in the south right of way line of State Route No. 3 and at the east side of a road leading to the residence of Arthur Sarrett; thence with the east side of the road leading to said Sarretts residence S. 21 degrees 00 min. W. 47.6 feet to a stake; thence around the hillside near the lower side of a fill N. 62 degrees 35 min. E. 59.6 feet; N. 78 degrees 40 min. E. 53.0 feet; N. 57 degrees 00 min. E. 62.9 feet; N. 52 degrees 50 min. E. 66.6 feet; N. 27 degrees 30 min. E. 168.4 feet to a white oak; thence up the hill N. 63 degrees 00 min. W. 45.2 feet to a stake in the said south right of way line of State Route No. 3; thence with said right of way line on a curve eight degrees right a distance of 335 feet to the beginning, containing .46 of an acre. Second Tract: Beginning at a stake on the south right of way line of the State Highway at the intersection of the Surrett Road; thence leaving State Highway and with the north side of the Surrett Road as it meander: S. 237 45 min West. 35 feet S. 45 degrees W. 32.5 feet S. 59 degrees 33 min W. 62 feet to a stake; thence leaving Surrett Road. 70 degrees 26 min. W. 35 feet to a stake; North 10 degrees 25 min W. 18.6 feet to an iron pipe in the southern right of way line of the State Highway; thence with same as it meanders N. 70 degrees 35 min. E. 55 feet; N. 60 degrees 55 min E. 83.5 feet to the beginning, containing 0.11 acres, more or less. Third Tract: Beginning at a point, and being a corner of the George Elkins property, south of State Highway No. 3; thence N. 78 degrees 40’ E. 10 feet to a point thence N. 57 degrees E. 62.9 feet to a point; thence N. 52 degrees 50 min. E. 66.6 feet to a point; thence N. 27 degrees 30 min. E. 168.4 feet to a white oak; thence N. 63 degrees W. 45.2 feet to a stake on State Highway No. 3; thence along said State Highway, N. 32 degrees 50 min. E. 287 feet to a small poplar on said State Highway; thence S.9 degrees 00 min. E. 542 feet to a point in the Marsh Fork of Coal Rivier; thence down Marsh Fork of Coal River, S. 51 degrees 00 min. W. 228 feet to a point in said Marsh Fork of Coal River; thence N. 50 degrees 30 min. W. 297 feet to the point of beginning, and containing 2.72 acres; as shown on a map recorded and made a part of the deed mentioned below in Deed Book No. 305, at page 15. Fourth Tract: Beginning at a stake on the edge of State Route No. 3; thence running with a tract of land of 2.72 acres in extent belonging to the parties of the first part herein, S. 46 degrees E. 300 feet to a stake on the northern edge of Marsh Fork of Coal River; thence running southwest with said river 69 feet to stake on the northern edge of said river; thence N. 40 degrees W. 330 feet to a stake on the southern edge of State Route No. 3; thence running with the southern edge of State Route No. 3, 43.5 feet to the point of beginning. Fifth Tract: Beginning at a fence post, the northwest corner of Tract No. 4, as shown on the hereinafter described map; thence with line of said tract S. 44 degrees 30 min. E. 330.0 feet to a point in Marsh Fork of Coal River; thence down stream S. 4 degrees 33 min. W. 96.0 feet to a point in said stream; thence leaving stream and running through land of Arthur Sarrett, N. 44 degrees 30 min. W. 394.20 feet to an iron pin, set in base of fill of the Sarrett private roadway thence with said roadway N. 22 degrees 20 min. E. 22.0 feet to a corner of No. 1 tract; thence with a line of No. 1 tract N. 62 degrees 35 min E. 49.6 feet to the point of beginning, containing 0.57 of an acre, as shown on a map entitled, Plot Plan Combine Acreage of Five Continuous Tracts Containing 4.25 Acres, Marsh Fork District, Raleigh County, West Virginia, Owned by George C. Elkins and Gladys Elkins, his wife, Scale 1 Inch to 100 Feet, Sept. 29, 1967. Geo. Q. Gunnoe, County Surveyor, attached to a deed recorded in the aforesaid Clerks Office in Deed Book No. 462, at page 191. Sixth Tract: Beginning at an iron pipe on a private driveway of the Arthur Sarrett property; thence S. 44 degrees 30 min E. 83 feet to a fence post; thence continuing S. 44 degrees 30 min E. 394.20 feet to a point in the center of Marsh Fork Coal River; thence along the center of said river in a southern direction as the same meanders approximately 120 feet; thence N. 32 degrees 30 min. W. 375 feet to a telephone pole; thence N. 44 degrees 00 min. W. 92 feet to a stake on the eastern side of a said driveway; thence along N. 55 degrees 00 min. 84 feet to a point, the place of beginning, as shown on a map attached to and made a part of the hereinafter described deed. There is excepted and reserved, however, a certain parcel of land described as follows: Beginning at a point of the bank of Marsh Fork of Coal River, said point being the common corners of the property now owned by the grantors herein and Arthur Sarrett; thence along the common boundary of property owned by the parties of the first part herein and Arthur Sarrett a distance of 172 feet to a concrete post; thence cutting across the property of the parties of the first part herein in a straight line 104 feet to a concrete post; thence in a southern direction through the property of the parties of the first part a distance of 83 feet to an oak tree, said oak tree being located on the bank of Coal River; thence along the river as it meanders 137 feet to the point and place of beginning and being a portion of the sixth tract above. There is also excepted and reserved, herefrom and not hereby conveyed is that certain 0.87 acre portion of Tract Nos. First, Third and Fourth heretofore conveyed by James R. Webb and Mable M. Webb, his wife, to Oma Webb and Sallie Webb, his wife, by Ded dated April 12, 1988, and of record in the said County Clerks Office in Deed Book 732, at page 710.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: 131 Jimmys Rock Rd, Arnett, WV 25007.
The referenced real estate will be conveyed with no covenants of warranty, and subject to all covenants, restrictions, easements, rights of way and reservations which may be a matter of record in the aforesaid Clerk’s Office or visible upon the ground, all prior liens and encumbrances, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges. The purchasers at the sale shall be responsible for paying the recording costs and also the tax on the privilege of transferring real property (the cost of the tax stamp to be affixed to the deed). The purchasers shall be responsible for payment of all real estate taxes.
The subject property will be sold in “AS IS” condition. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
TERMS: $7000.00 in cash and/or certified funds as deposit at the time of sale with the balance due and payable within 30 days of the day of sale.
FEDERAL TAX LIEN: In the event that 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.
Pursuant to the Deed of Trust, the Trustee may postpone the sale by public announcement at the time and place designated or by posting a notice of the same, and act by agent in the execution of the sale. The parties secured by the Deed of Trust reserve the right to purchase the property at such sale.
SENECA TRUSTEES, INC.
5000 Coombs Farm Drive,
Suite 104
Morgantown, WV 26508
(304) 413-0044
(304) 292-2918
Toll free: (888) 534-3132
Reference File No. 87952