Legal
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NOTICE OF TRUSTEE’S SALE
Under authority of that certain Deed of Trust dated December 29, 2015, from Terri Renee Smith and James Jackson Smith to Marc B. Lazenby, Trustee, of record in the office of the Clerk of the County Commission of Clay County, West Virginia in Trust Deed Book No. 137, at page 262, securing a promissory note in the principal amount of $51,999.32, payable to Vanderbilt Mortgage and Finance, Inc., and default having been made under the promissory note secured by the aforesaid Deed of Trust and sale requested by Vanderbilt Mortgage and Finance, Inc., the undersigned Trustee will offer for sale at the front door of the Clay County Courthouse in Clay, West Virginia on January 12, 2017 at 10:00 a.m., subject to all reservations, exceptions, easements and other matters which appear of record, and subject to all unpaid taxes, if any, that certain piece or parcel of land, together with the improvements thereon and appurtenances thereunto belonging, situate on the waters of Middle Creek, in Pleasant District, Clay County, West Virginia, more particularly described as follows:
Beginning at a No. 5 rebar set by the property owner at the common corner between property owned by Dozer in Deed Book 211, Page 872, Stanley Ramsey in Deed Book 160, Page 381 and the property of which this conveyance is a part, thence N25-31 E 113.87 feet, leaving the said Dozer and running with the said Ramsey to a utility pole below a graded road which serves as a right of way to all adjoining parties; thence S85-23-30E, leaving the said Ramsey and running through the property of which this conveyance is a part, passing a point at the center of a right-of-way at the southerly terminus thereof at 36.15 feet and a No. 5 rebar with cap set on line at 95.15 feet in all 169.05 feet, crossing Middle Creek and running up the hill to a point on the westerly line of Fola Road or Clay County Route 24/1; thence CH. S3-07-30E 47.21 feet, running with the said road in a curve to the left to a point at a corner of the aforementioned Dozer; thence S79-11 W, leaving the said road and running down the hill with the said Dozer, passing a 30” white oak on line pointed out by the owner at 17.06 feet, in all 224.11 feet, crossing the aforementioned Middle Creek and running to the point of beginning, containing 0.327 acre, more or less, all as shown more fully upon a map entitled “PLAT SHOWING A 0.327 ACRE PARCEL OF LAND BEING PART OF A TWO ACRE TRACT ON MIDDLE CREEK PLEASANT DISTRICT, CLAY COUNTY, WEST VIRGINIA TO BE CONVEYED TO TERRI SMITH SCALE: 1” = 60’ December 5, 2015” AS SURVEYED AND MAPPED BY William R. Gunnoe, Registered Professional Surveyor.
There is included in this conveyance a right-of-way for ingress and egress as well as for the installation, maintenance, repair, replacement and removal of such utilities as may be required for the full and free use and enjoyment of the herein conveyed property, said right-of-way to run with the land and to be taken as part of same, said right-of-way to follow the existing gravel road as shown on the above referenced map or plat by metes and bounds along the centerline thereof.
Being the same property conveyed from Sabrina Grose and David Grose, wife and husband, to Terri Renee Smith and James Jackson Smith, wife and husband, by Deed dated December 29, 2015, of record in the aforesaid Clerk’s office in Deed Book No. 215, at page 788.
Terms of the sale: cash on date of sale.
Given under my hand this 8th day of December, 2016.
/s/ Marc B. Lazenby
Trustee