NOTICE OF SUBSTITUTE TRUSTEE’S SALE
NOTICE is hereby given that, by virtue of the authority vested in the undersigned Substitute Trustee under that certain Deed of Trust dated the 24th day of October, 2018 and executed by PAMELA L. HOKE AND JACKIE L. HOKE, to Justin M. Raber, trustee, Bruner Land Company, Inc., Beneficiary, said Deed of Trust have been duly recorded in the Clerk of the County Court of Fayette County, West Virginia, in Trust Deed Book 1007, at Page 513, under which authority PAUL E. BISER, who was substituted as Trustee under the Deed of Trust by a Notice of Substitution of Trustee dated the 1st day of April, 2020 and recorded in the aforesaid Clerk’s office in Substitution of Trustee Book 1028, at Page 587, now acts, by which was conveyed to the said Substitute Trustee the said hereinafter described real estate, to secure the payment of a certain note set out and described therein, and default having been made under the terms and conditions of said
Deed of Trust, and the provisions of said Deed of Trust concerning acceleration having been complied with by the Lender and present holder of the note, and Paul E. Biser having been requested so to do by the owner and holder of said note, shall sell to the highest bidder, on JUNE 23, 2020 at 11:00 o’clock a.m., at the front door of the Court House of Fayette County, West Virginia, the following described real estate:
A tract of land located near the community of Maplewood, situate on the south side of Shades of Death Road and Frazee Ridge Road, and on the waters of Shades of Death Creek of Glade Creek in New Haven District, Fayette County, West Virginia and being more particularly described as follows:
Beginning at a 3/4″ x 30″ rebar with a 2 1/2″ aluminum cap (3/4″ rebar, hereafter) set, a new division corner to Bruner Land Company, Inc.’s 494.20 acres, a corner to Tract #5, Tract #9 and Tract #12 all surveyed concurrently with this survey, from which a 3/4″ rebar set, a corner to said Tract #5, said Tract #9 and Tract #6 bears S 72E 36′ 30″ E at 423.20 feet, and from which a 3/4″ rebar set, a corner to Tract #4, said Tract #5 and said Tract #I2 bears S 18E 26′ 40″ E at 262.89 feet,
thence through said Bruner Land Company, Inc.’s 494.20 acres for a new division line N 18E 26′ 40″ W passing a 3/4″ rebar set on the south edge of Shades of Death
Road, a corner to said Tract #9, from which a 3/4″ rebar set, a corner to Tract #8 and said Tract #9 bears S 25E 23′ 10″ W at 684.02 feet, in all 1476.59′ feet, to a point in the centerline of said Shades of Death Road, thence with said centerline of Shades of Death Road for eleven (11) lines and with the centerline of Frazee Ridge Road for two (2) lines N 22E 09′ 00″ E 50.17 feet to a point, thence N 36E 56′ 50″ E 36.07 feet to a point, thence N 47E 27′ 30″ E 114.99 feet to a point, thence N 58E 58′ 30″ E 83.12 feet to a point, thence N 74E 58′ 10″ E 57.46 feet to a point, thence N 88E 01′ 30″ E 124.91 feet to a point, thence S 70E 39′ 20″ E 43.78 feet to a point, thence S 53E 11′ 30″ E 78.65 feet to a point, thence S 79E 37′ 30″ E 45.49 feet to a point, thence N 61E 58′ 40″ E 39.55 feet to a point, thence N 37E 48′ 30″ E 214.30′ to a point, thence leaving said Shades of Death Road and with said Frazee Ridge Road S 69E 28′ 20″ E 65.49 feet to a point, thence S 45E 03′ 30″ E 128.63 feet to a point, thence leaving said centerline of Frazee Ridge Road and through said Bruner Land Company, Inc.’s 494.20 acres for a new division line S 13E 06′ 50″ W passing a 3/4″ rebar set at 26.85 feet, a corner to said Tract #11, from which a 14″ poplar, flagged as reference, bears S 16″ 09′ 00″ E at 1.7 feet, from which a 3/4″ rebar set, a corner to said Tract #11 and Tract #12 bears S 62E 47′ 50″ East 319.11 feet, in all 1663.47 feet to the Point of Beginning containing 16.53 acres, excepting therefrom 0.50 right-of-way acres, leaving 16.03 net acres, as surveyed on the grid north meridian by Allegheny Surveys, Inc. of
Birch River, West Virginia in February through April 2018 and shown on a plat titled “Plat of Survey for Bruner Land Company, Inc. Tract #10”
TERMS OF THE SALE: 1) The property will be conveyed in an AS IS physical condition by Deed containing no warranty, express or implied, subject to the all property taxes, prior deeds, liens, reservations, encumbrances, restrictions, rights-of- ways, easements, covenants, conveyances and conditions of record in the Clerk’s office or affecting the subject property. 2) The Purchaser shall be responsible for the payment of the transfer taxes imposed by the West Virginia Code 11-22-1. 3) The Beneficiary and/or the Servicer of the Deed of Trust and Note reserve the right
to submit a bid for the property at sale. 3) The Trustee reserves the right to continue sale of the subject property from time to time by written or oral proclamation, which continuance shall be in the sole discretion of the Trustee. 4) The Trustee shall be under no duty to cause any existing tenant
or person occupying the property to vacate said property, and 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. 5) 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. 6) 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. 7) The total purchase price is payable to the Trustee by certified or cashier’s check within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale by certified or cashier’s check. GIVEN under my hand this 19th day of May, 2020.
Paul E. Biser – Trustee – W.Va. Bar #7319
FREDEKING & BISER LAW OFFICES, PLLC
511 Eighth Street
Huntington, West Virginia 25701
(304)525-7701
[email protected]