NOTICE OF TRUSTEE’S SALE
NOTICE OF TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, Pill & Pill, PLLC, by that certain Deed of Trust dated February 15, 2002, executed by Borrower(s), David L. Ellison and Pamella S. Ellison, to James B. Crawford III, the Trustee of record in the office of the Clerk of the County Commission of Greenbrier County, West Virginia, in Book 469, at Page 816. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 409 13th St, Rainelle, WV 25962. Pill & Pill, PLLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated May 9, 2016, of record in the Clerk’s Office in Book 762, Page 167. The borrower(s) defaulted under the Note and Deed of Trust and the Substitute Trustees have been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustees will sell the following described property to the highest bidder at the front door of the Courthouse of Greenbrier County, in Lewisburg, West Virginia, on the following date:
July 13th, 2016 at 8:30 A. M
The property is described as of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in Meadow Bluff District, Greenbrier County, West Virginia, and being more particularly described as follows:
“Situate on the waters of Little Sewell Creek, Meadow Bluff District, Greenbrier County, West Virginia, and more particularly bounded and described as follows:
FIRST: “Beginning at a stake on the western boundary line of a 1.57 acre tract, conveyed to Laurence Clayton Bragg and Mary Katherine Bragg, his wife, and situate 149.0 feet from a marked fence post, the south west corner of the said 1.57 acre tract; thence with said boundary line N 7-09 W 139.0 feet to the north west corner of said lot; thence leaving said lot S 65-45 E 77.0 feet to a gate post, the eastern gate post of said gate; thence S 13-00 E 67.0 feet to a stake in a hollow; thence S 60-00 E 85.6 feet to the beginning, containing 0.32 of an acre, more or less.”;
SECOND: (a) Beginning at an iron pipe, a corner to the Deal land and with N 67-48 E 132.3 feet to an iron pipe; S 41-19 E 235.0 feet to a stake, thence leaving Deal and through the survey S 69-07 W 181.0 feet to a stake; S 65-45 W 200.0 feet to a stake, on the division line between a one acre tract, conveyed to the said Hill Kincaid and N.M. Crookshanks, et al, and a 4.8 acre tract conveyed to the said Hill Kincaid by the Meadow River Coal and Land Company; thence N 15-00 E, passing a stake corner to the one-acre tract at 16 feet, more or less, in all 282.9 feet, more or less, to the beginning, containing 1.28 acres, more or less.
(b) Beginning at a stake, a corner to the first tract and described as being on the division line, between the two tracts owned by the said Hill Kincaid; N 15-00 E 16 feet, more or less to the north east corner of the one acre tract, and with S 65-45 W 224.0 feet to a stake; S 10-48 E 14.0 feet, more or less, to a stake; thence through the survey N 65-45 E 217.0 feet, more or less, to the beginning, containing 0.07 acres, more or less.
THIRD: “Beginning at a stake, a corner to the 1.28 acre tract of Joe E. Brown, Jr., and Charlotte Brown, his wife, and the 1.57 acre tract of Laurence Clayton Bragg, Jr. and Mary Katherine Bragg, his wife, thence with the division line S 69-07 W 181.0 feet to a stake an original corner to both said tracts; thence leaving the 1.28 acre tract and with the 1.57 acre tract S 7-09 E 10.2 feet to a stake; thence through the boundary of the 1.57 acre tract N 69-07 E 187.0 feet to a stake on the eastern property line of the said 1.57 acre tract, and with it, N 41-19 W 10.6 feet to the beginning, containing 0.03 of an acre, more or less.”
FOURTH: “Beginning at a fence post, a corner to S.J. Sims 0.21 acre tract; thence with Sims N 2-40 W 167.0 feet to a stake on the boundary line of the said 1.57 acre tract and with N 41-19 E 128.5 feet to a stake, a corner to a 0.03 of an acre tract, conveyed to the parties of the first party by deed dated on the 19th day of April, 1948; thence with the said 0.03 acre tract S 69-07 W 187.0 feet to a stake; thence leaving the said 0.03 acre tract and with the original boundary S 7-09 E 277.8 feet to a stake, corner of the original tract, and with N 71-25 E 246.0 feet to the beginning, containing 1.54 acres, more or less.”;
THERE IS EXCEPTED AND RE-SERVED FROM THIS CONVEYANCE a certain tract or parcel of land conveyed by deed dated the 23rd day of September 1960, unto Leland R. Rexrode and wife, which said deed is of record in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia, in Deed Book 211 at Page 574, and said tract is more particularly described as follows:
“Beginning at a stake corner to the Rexrode lot on the north side of a roadway; thence with said roadway N 59-30 E 75.3 fee to an iron stake on the Deal line; thence with Deal S 41-19 E 153 feet to a stake; thence leaving Deal and with Neff N 67-48 E 34.8 feet to corner to Leland Rexrode lot and thence with his line N 27-00 W 153.3 feet to the beginning containing .19 acre, more or less.”
This deed is also made and accepted subject to the following reservations, exceptions and easements:
1. A conveyance out of Second (a) of 35/100 acre by Deed from Joe E. Brown, Jr., and wife unto Joe E. Brown, Sr., and wife, dated April 3, 1948, and of record in the aforesaid Clerk’s Office in Deed Book No. 163, at Page 354.
2. A conveyance out of Second (a) of 35/100 acre by deed from Joe E. Brown, Jr., and wife unto Woodrow Leon Brown and wife, dated April 3, 1948, and of record in the said Clerk’s Office in Deed Book No. 163, at Page 355.
3. An outsale unto J.R. Neff of 3,100 square feet, more or less, in 1978.
4. The following easements over and a-cross Parcels Second (a) and (b):
a. A right-of-way for ingress and egress granted by the said Joe E. Brown, Jr., and wife unto Joe E. Brown, Sr. and wife by the above mentioned deed to them of April 3, 1948.
b. A right-of-way for ingress and egress granted by the said Joe E. Brown, Jr., and wife unto Woodrow Leon Brown and wife by the above mentioned deed to them of April 3, 1948.
c. A right-of-way for the construction and maintenance of a water distribution line granted by the said Joe E. Brown, Jr., and wife to the West Virginia Water Service Company, a corporation, by deed dated March 31, 1949, and re-corded in said Clerk’s Office in Deed Book No. 169, at Page 429.
5. As to parcels Second (a), Third and Fourth, all of the mineral reservations and easements set forth in a deed from the Meadow Rive Coal and Land Company, a corporation, to Hill Kincaid and Maggie Kincaid, his wife, dated December 7, 1931, and recorded in said Clerk’s Office in Deed Book No. 119 at Page 493.”
And being the same property conveyed to David Lee Ellison, single, by Deed dated June 25, 1986, from L.D. Shawver and Lena Shawver, his wife, which said Deed is of record in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia, in Deed Book 374, at Page 648.
TERMS OF SALE:
1) The property will be conveyed in an “AS IS” physical condition by Deed containing no warranty, express or implied, subject to the Internal Revenue Service right of redemption, 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.
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, 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.
6) The total purchase price is payable to the Trustee within thirty (30) days of the date of sale, with ten (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the Trustee at sale.
Pill & Pill, PLLC, Substitute Trustee
BY:
Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
[email protected]
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