Source: October 5, 2015 Read More →

NOTICE OF TRUSTEE’S SALE

NOTICE OF TRUSTEE’S SALE NOTICE is hereby given that default having been made under the terms of a Deed of Trust dated April 16, 2014, and of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Book 5055 at page 0440, executed by Casey E. Mills and Amy B. Rife to Alan R. Terry and Carl W. Roop, Trustees, securing Pioneer Community Bank, which was given to secure the payment of the note therein described, and demand having been made upon the undersigned so to do, the undersigned Trustee, Carl W. Roop will, on the 4th day of November, 2015, at the front door of the Raleigh County Courthouse, in the City of Beckley, West Virginia, at 9:10 a.m., sell the property hereinafter described, which property was conveyed in said Deed of Trust, and being more particularly described as follows: The following parcel of land situate at Crab Orchard, in Town District, Raleigh County, West Virginia, described as follows: PARCEL ONE: The following tract of land, situate in Crab Orchard, Town District, Raleigh County, West Virginia, and more particularly described as follows: TRACT ONE: Beginning at a stake on the east side of the old State Road (now abandoned) and 15 feet from the center line thereof, which stake is a corner of Lilly Land Company; thence with the Lilly Land Company line S 81 55 E 229.3 feet to a stake ; thence leaving the Lilly Land Company line S 41 51 W 261.4 feet to a stake; thence N 55 38 W 145.4 feet to a stake onto the east side of the above mentioned old State Road and 15 feet from the center line thereof; thence with said road N 24 57 E 159.8 feet to the point of beginning, containing 0.84 acres more or less. There is hereby excepted and reserved from this tract that certain 0.238 acre portion heretofore conveyed to Robert D. Beckett and Geneva Beckett by L.C. Hale and Reafie J. Hale, by Deed dated December 10, 1948, recorded in Deed Book 267 at page 106. TRACT TWO: Beginning at a stake on the east side of the old State Road ( now abandoned) and 15 feet from the center line thereof, which stake is a corner of the above Tract Number One; thence with said Tract Number One S 55 38 E 145.4 feet to a stake, a corner of Tract Number One; thence leaving Tract Number One S 41 51 W 67.4 feet to a stake; thence N 52 45 W 136.0 feet to a stake on the east side of the above mentioned old State Road and 15 feet from the center line thereof; thence with said read N 33 36 E 60.00 feet to the point of beginning, containing 0.20 acres more or less. TRACT THREE: Beginning at a stake, being a common corner of the Leona Lilly property and the L.C. Hale property; thence with the boundary line of said Hale property N 41 51 E 258.0 feet to a stake on the south western bank of Stovers Fork; thence S 29 41 E 21.5 feet to a stake; thence S 41 43 E 134.4 feet to a stake; thence S 51 55 W 131.2 feet to a stake on the north western right-of-way line of the Coal Company Railroad Tramway, being twenty five (25) feet from the center line of said Tramway, measured at right angles therefrom; thence with said right-of-way line and twenty five ( 25 ) feet from the center line of said Tramway, measured at right angles therefrom S 64 10 W 107.8 feet to a stake, being a corner of said Lilly property; thence with the boundary line of said Lilly property N 52 45 W 90.45 feet to the point of beginning, containing 0.72 of an acre more or less. And being the same property conveyed to Amy Rife by deed dated the 11th day of June, 2013 from Harold Richardson and Cliffene Richardson, which said Deed is of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Deed Book 5051, at page 9646. There is also excepted and reserved hear from the portions of the aforesaid tracts conveyed to the State Road Commission of West Virginia by L.C. Hale and Reafie J. Hale by two deeds , one dated August 2, 1965, recorded in Deed Book 443 at page 51 and the second dated November 8, 1965, recorded in Deed Book 445 at page 227. PARCEL TWO: That certain tract or parcel of land, with the improvements and appurtenances thereunto belonging, situate at Crab Orchard, in Town District, Raleigh County, West Virginia, described as follows: Beginning at a stake, a common corner of O. C. Prince and Leona Lilly and being on the southeastern side of the Old Public Highway (now abandoned) leading from Crab Orchard to Beckley; thence with the southeastern side of said Old Highway N 55 32 E 105.2 feet to a stake, a corner of the J. C. McGuire property; thence leaving said Old Highway and with the boundary line of said McGuire property S. 50 52 E. 207.8 feet to a stake on the northern right-of-way line of the Coal Company Railway Tramway, and being 25 feet distance from the center line of said tramway measured at right angles therefrom; thence with the north right-of-way line of said Tramway, and 25 feet distant from the center line of said Tramway, and 25 feet distant from the center line of said tramway, measured at right angles therefrom S. 61 24 W., 126.25 feet to a stake, being a corner of the O. C. Prince property; thence leaving said right-of-way line, and with the boundary line of the said Prince property N. 46 03 W. 190.3 feet to the point of beginning, containing 0.51 of an acre, more or less. EXCEPTING, HOWEVER, from the hereinbefore described tract or parcel that portion thereof taken by the State Road Commission of West Virginia, in Civil Action No. 2712; by order entered September 27, 1967, by the Circuit Court of Raleigh County, West Virginia, and placed of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Book No. 462, at Page 512, consisting of a tract containing 2,100 square feet, more or less, described as “Parcel No. 53, Non-controlled access right-of-way partial take,” and a “Permanent Drainage Easement” containing 1,570 square feet and a Temporary easement for construction purposes only for Project F 315 (11), containing 600 square feet, more or less. And being the same property acquired by Amy Rife by Deed dated the 15th day of April, 2014, incorrectly dated 2015, from Phillip A. Farrington and Candice R. Farrington, which said Deed is recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Deed Book 5055 at page 0439. Said property will be sold upon the following terms and conditions: 1. Cash in hand on day of sale. 2. The property will be conveyed in an “AS IS” condition by Deed containing Special Warranty of Title, subject to the Internal Revenue Service right of redemption, all property taxes, prior Deeds, validly enforceable prior liens, reservations, encumbrances, restrictions, right-of-ways, easements, covenants, conveyances and conditions of record in the Clerk’s office or affecting the subject property. 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. 4. 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. 5. The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate said property, or remove any personal property and/or belongings remaining at the property. 6. The purchaser(s) at the sale shall be responsible for paying the recording costs and also the tax on the privilege of transferring real property. 7. In the event 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. CARL W. ROOP, TRUSTEE 10-12-MON-2-R L 3506