NOTICE OF TRUSTEE SALE
Notice is hereby given by the undersigned Substitute Trustee, in accordance with the provisions of that certain Deed of Trust made by Citizens Conservation Corps of West Virginia, a West Virginia corporation, as Grantor, to James B. Hayhurst, as Trustee, dated February 10, 2012 and recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia (the “Clerk’s Office”) in Deed Book 5050 at Page 7263 (the “Deed of Trust”). United Bank, a Virginia banking institution, successor by merger to United Bank, Inc. (“Lender”), the owner and holder of the note and obligations secured by the Deed of Trust, appointed Maggie B. Burrus of the law firm of Bailey & Glasser LLP to serve as Substitute Trustee under the Deed of Trust pursuant to that certain Notice of Appointment of Substitute or Successor Trustees dated March 22, 2019 and recorded in the Clerk’s Office in Deed Book 5069 at Page 2971. Grantor defaulted under the terms of the Deed of Trust and the undersigned Substitute Trustee will sell at public auction on Thursday, November 7, 2019 at 1:00 p.m., at the front door of the Raleigh County Courthouse located at 215 Main Street, Beckley West Virginia 25801, certain real property located in Raleigh County, West Virginia, located at 198 George Street, Beckley, West Virginia 25801, being more particularly described as follows:
That certain parcel of land located near Beckley, in the Town District, Raleigh County, West Virginia, and being a part of Lot No. 22 of the Harper Industrial Park (MF 1-PG 158A).
Beginning at a tack in a fence post (found), being a common corner of Lot No. 22 of Harper Industrial Park, the Gregory Scott Rodgers (DB5006-PG4145), parcel of land, at the boundary line of the Kanawha Shoals, LLC (MR147-PG934), tract of land, thence with the boundary line of the said Rogers parcel of land; S 35deg. 32′ 00′ E 291.89′ to a rebar (set), at the right of way of George Street, being a common corner of the said Rodgers parcel of land and Lot No. 22 of Harper Industrial Park, thence with the right of way of George Street, two courses and distances; S 09deg. 26′ 00″ W 13.97′ to a rebar (set) thence; S 54deg. 26′ 00″ W 140.84′ to a rebar (set), a new corner, at the back of a sidewalk, thence leaving the right of way of George Street, and with nine (9), new lines through Lot No. 22; N 16deg. 32′ 28″ W 117.83′ to a rebar (set), a new corner, thence N 78deg. 44′ 22″ E 13.33′ to a mag nail (set), a new corner, thence; N 20deg. 56′ 37″ W 15.30′ to a mag nail (set), a new corner, thence; N 26deg. 49′ 22″ W 49.06′ to a mag nail (set), a new corner, thence; N 33deg. 37′ 12″ W 16.16′ to a mag nail (set), a new corner, thence: N 27deg. 05′ 27″ W 68.70′ to a mag nail (set), a new corner, thence; N 24deg. 19′ 36″ W 34.26′ to a rebar (set), a new corner, thence; S 65deg. 40′ 24″ W 107.75′ to a mag nail (set), a new corner, thence; N 24deg. 19′ 36″ W 57.64′ to a rebar (set), a new corner at the boundary line of Kanawha Shoals, LLC, tract of land, thence with the boundary line of the said Kanawha Shoals, LLC, tract of land; N 74deg. 38′ 00″ E 177.31′ to the point of beginning, containing 0.843 acres, more or less, as surveyed by ESI, Inc., Beckley, West Virginia and as shown on a plat of survey dated July 13, 2004.
Included within the area conveyed by this deed is a 12′ foot access easement for ingress and egress to and from George Street to the residue of the property owned by the grantors. The parties of the first part of their own behalf and for their successors and assigns hereby reserve from this conveyance the perpetual right to continue to use this 12′ foot wide access easement for ingress and egress to the remainder of Lot No. 22, and the residue of the property which they currently own. Accordingly, this 12′ foot wide ingress/egress access right of way/easement will be used by the party of the second part, it successors and assigns in conjunction with the parties of the first part, and their successors and assigns. Accordingly, the parties of the first part reserve the continued right to use this access easement/right of way which shall not be in any way blocked or obstructed by the party of the second part, its successors or assigns.
And being the same property conveyed unto Citizens Conservations Corps of West Virginia, by Deed of Daniel Bickey and Cynthia Bickey, his wife, dated January 5, 2005, of record in the Office of the Clerk of the Raleigh County Commission in Deed Book 5016, at Page 2727.
TERMS OF SALE
Said property will be sold for cash in hand on date of sale, or under any different, other, or additional sale terms as may be determined to be appropriate or advisable in the reasonable discretion of the Substitute Trustee, by auction to the highest bidder. The sale shall be further subject to the following:
1. Real estate taxes delinquent, due or payable or to become due and payable;
2. Any statutory lien or liens that may affect the property;
3. All covenants, conditions, restrictions, reservations, easement, rights-of-way and other matters of record in the chain of title to the property, or which may be visible form a physical inspection.
4. The above property will be sold “AS IS, WHERE IS,” in the present condition and with all faults and defects, if any, and without any warranty or representation, express or implied.
5. The rights of parties in possession of such property, if any.
6. The undersigned Substitute Trustee shall have the right to postpone, continue, and/or adjourn the sale of such property without notice other than by oral proclamation at the time and place designated for such sale and/or the posting of notice at the courthouse prior thereto. Such postponement, continuation or adjournment may be for a period of time deemed expedient by the beneficial owner and shall not be construed to be a waiver of the beneficial owner’s right to conduct said sale.
7. The undersigned Substitute Trustee expressly reserve the right to reject any and all bids.
8. The undersigned Substitute Trustee shall have the right to offer such property for sale and to sell, grant, convey, transfer, and dispose of such property as separate and independent lots, parcels and/or tracts or as a whole, as the Substitute Trustee shall determine, and in such order as the Substitute Trustee shall determine.
9. The successful purchaser(s), if any, as to and in relation to each respective lot, parcel and/or tract in the event the same shall be sold separately and independently, shall be required to deliver a deposit equal to ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the bid price in cash on the foreclosure date and close on the property on the fifteenth (15th) day following the foreclosure date, and shall be required to execute and deliver a memorandum of sale and purchase with the undersigned Substitute Trustee immediately following the conclusion of the sale of such property, a proforma version of which shall be available for review and inspection prior to the sale of such property.
10. The successful purchaser(s), if any, shall be required to pay all excise taxes and recording fees connected and associated with the sale and transfer of such property by the undersigned Substitute Trustee. Any inquiries regarding this sale may be directed to Maggie B. Burrus, Substitute Trustee, Bailey & Glasser LLP, 209 Capitol Street, Charleston, WV 25301, Telephone: (304) 345-6555.
Dated this 10th day of October, 2019.
Maggie B. Burrus,
Substitute Trustee
ID: 315619