Raleigh

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 June 28, 2013, and of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Book 5052, at page 1942, executed by Jeffrey K. Thompson and Melisa Thompson to Robert L. Milam, Jr. and Carl W. Roop, Trustees, securing Whitesville State 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 18th day of May, 2015, at the front door of the Raleigh County Courthouse, in the City of Beckley, West Virginia, at 9:00 a.m., sell the property hereinafter described, which property was conveyed in said Deed of Trust, and being more particularly described as follows: All that certain tract or parcel of land, situate, lying and being situate on the waters of Soak Creek, Slab Fork District, Raleigh County, West Virginia, and more particularly described as follows: PARCEL ONE: BEGINNING at a 3/4″ steel rebar (found) at the common corner of the Anthony & Wanda Williams 5.028 acre tract and on the line of the Larry I. Dunn 11.378 acre tract; thence, with the line of 11.378 acre tract N. 89 f 02′ 36″ W. for 236.47 feet to a point on the Dunn 11.378 acre tract; thence, passing through the 17.155 acre tract, the following three (3) courses and distances; N. 12 f 46′ 16″ E. for 534.42 feet to a steel rebar (set); thence, S. 75 f 35′ 58″ E. for 210.01 feet to a point, passing a steel rebar (set) at 160.01 feet; thence, N. 14 f 25′ 00″ E. for 200.00 feet to a point; thence, N. 75 f 34′ 47″ E. for 210.01 feet to a steel rebar (set), passing a steel rebar (set) at 50.00 feet; thence, N. 23 f 32′ 06″ E. for 577.68 feet to a point on the northern line of 17.155 acre tract and the southern line of the Gulf Highway Addition; thence, with the line of the Gulf Highway Addition S. 84 f 30′ 18″ E. for 97.23 feet to a 1/2″ iron pipe in a fence line (found) at the common corner the Jackie Gray & Katherine Gayle Dunn 18.181 acre tract; thence, with the 18.181 acre tract the following two (2) courses and distance: S. 00 f 42′ 14″ W. for 545.01 feet to a 3/4″ steel rebar (found), passing a 1″ steel bolt 290.34 feet located 0.16 feet east on the line; thence, S. 16 f 27′ 37″ W. for 165.02 feet to a 3/4″ steel rebar (found) at the common corner of the Anthony & Wanda Williams 5.028 acre tract; thence, with the line of the 5.028 acre tract the following four (4) courses and distances: S. 05 f 47′ 44″ W. for 299.98 feet to a 15″ white oak (found); thence, S 28 f 18′ 22″ W. for 130.67 feet to a 24″ white oak (found); thence, S. 36 f 43′ 07″ W. for 167.65 feet to a 24″ white oak (found); thence, S. 29 f 35′ 50″ W. for 143.84 feet to the point of beginning and containing 8.171 acres more or less. ALSO GRANTED AND CONVEYED the right to use that certain 40′ right of way and that certain 30-foot right of way as located a shown on a map entitled, “PLAT OF SURVEY OF LANDS STANDING IN THE NAMES OF JACKIE GRAY DUNN AND KATHERINE GAYLE DUNN SITUATED NEAR SOPHIA SLAB FORK DISTRICT, RALEIGH COUNTY, WEST VIRGINIA”, dated January 6, 1998, and prepared by James E. Cook, of record in the aforesaid County Clerk’s Office in Map File 3-4445. EXCEPTING AND RESERVING, AND NOT HEREBY CONVEYING, that certain parcel containing 2.00 acres, more or less, conveyed by a deed dated May 12, 2011, from Jeffery Thompson and Melisa Thompson to Travis Milam and Angela Milam of record in the aforesaid Clerk’s Office in Deed Book 5043, at Page 2982. ALSO EXCEPTING AND RESERVING, AND NOT HEREBY CONVEYING, that certain parcel containing 3.324 acres, more or less, conveyed by a deed dated September 18, 2012 from Jeffrey K. Thompson and Melisa Thompson to Joseph M. Stiles of record in the aforesaid Clerk’s Office in Deed Book 5049 at page 0807. PARCEL TWO: The surface of that certain tract or parcel of land containing 0.963 acres, situate on the waters of Soak Creek, Slab Fork Tax District, Raleigh County, West Virginia, and being more particularly bounded and described as follows: BEGINNING at a steel rebar (set) on the western line of the 8.171 acre tract described herein, said rebar being located N. 12 f 46′ 16″ E. and 543.42 feet from the southwest corner of the said 8.171 acre tract; thence, with the line of the 8.171 acre tract the following three (3) courses and distances: S. 75 f 34′ 47″ E. for 201.01 feet to a point, passing a steel rebar (set) at 160.01 feet; thence, S. 14 f 25′ 00″ W. for 200.00 feet to a point, thence, N. 75 f 35′ 58″ W. for 201.01 feet to the point of beginning and passing a steel rebar (set) at 50.00 feet and containing 0.963 acres, more or less. ALSO GRANTING AND CONVEYING a 20′ roadway right-of-way to the 0.963 acre tract described as follows: BEGINNING at a point of the northern right-of-way line of West Virginia Route 16/14, said point being N. 89 f 30′ 42″ E. and 10.31 feet from a steel rebar (found) at the southwest corner of a twenty foot (20′) private right-of-way; thence, along the centerline of twenty foot (20′) private right-of-way, the following nine (9) courses and distances: N 15 f 26′ 17″ E for 350.99 feet to a point of curvature; thence, along a curve to the left with a radius 9.33 feet and a chord of N 44 f 55′ 47″ E and 9.26 feet to a point of tangency; thence, N 72 f 08′ 56″ E for 42.13 feet to a point of curvature; thence, along a curve to the left with a radius 63.76 feet and a chord of N 31 f 57′ 30″ E and 74.24 feet to a point of reverse curvature; thence, along a curve to the right with the radius 400.15 feet and a chord of N 03 f 23′ 43″ E and 98.13 feet to a point of compound curvature; thence, along a curve to the right with a radius of 140.45 feet and a chord of N 47 f 36′ 35″ E and 165.61 feet to a point of tangency; thence, N 87 f 49′ 06″ E for 87.17 feet to a point of curvature; thence, along a curve to the left with a radius 283.84 feet and a chord of N 76 f 59′ 51″ E and 108.03 feet to a point of compound curvature; thence, along a curve to the left with a radius of 167.89 feet and a chord of N 33 f 13′ 46″ E and 195.67 feet to a point on the southern line of a 0.963 acre lot, said point being N 75 f 35′ 38″ W and 10.16 feet from a steel bar (set), with said centerline of the right-of-way being 1,164.49 feet long and containing 0.535 acre, more or less. ALSO GRANTING AND CONVEYING a 10′ sewer line easement right-of-way described as follows: Beginning at a point on the northern line of Ricky & Deborah Rubles said point being S 89 f 02′ 36″ E for 140.39 feet from the southwest corner of the 9.134 acre tract; thence N 17 f 59′ 26″ W for 77.87 feet to a centerline of a twenty foot right-of-way being conveyed herein and being ten foot (10′) in width and containing 778.70 square foot, more or less. The sanitary sewer line shall be constructed within the 20′ roadway right-of-way conveyed herein. ALSO GRANTING AND CONVEYING a 10′ underground power right-of-way described as follows: Beginning at a point on the northern line of a 9.193 acre tract, said point being S 84 f 30′ 18″ E and 184.40 feet from a 1/2″ steel pipe (found); thence, passing through the 9.193 acre tract S 28 f 59′ 36″ E for 181.62 feet to a point on the western line of the 9.134 acre tract, said point being S 23 f 23′ 06″ W and 139.19 feet from the common corner of the two (2) tracts; thence, passing through the 9.134 acre tract, the following six (6) courses and distances: S 28 f 59′ 36″ E for 63.25 feet to a point; thence, S 21 f 40′ 53″ E for 76.80 feet to a point; thence, S 11 f 19′ 46″ E for 47.79 feet to a point; thence, S 21 f 29′ 41″ W for 135.80 feet to a point; thence, S 38 f 11′ 16″ W for 71.37 feet to the approximate location of a pad mounted transformer; thence, S 22 f 26′ 42″ W for 221.67 feet to a point on the northern line of the 0.963 acre lot and said centerline being 798.30 feet in length and containing 0.183 acre, more or less. ALSO GRANTING AND CONVEYING the right to use that certain 40′ right of way and that certain 30-foot right of way as located as shown on a map entitled, “PLAT OF SURVEY OF LANDS STANDING IN THE NAMES OF JACKIE GRAY DUNN AND KATHERINE GAYLE DUNN SITUATED NEAR SOPHIA SLAB FORK DISTRICT, RALEIGH COUNTY, WEST VIRGINIA,” dated January 6, 1998, and prepared by James E. Cook, of record in the aforesaid Clerk’s Office in Map File 3-445. And being a part of the same property conveyed to Jeffery K. Thompson and Melisa Thompson by deed dated the 22nd day of January, 2003 from Jeffery K. Thompson and Billy R. Thompson, Jr., of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Book 5009 at page 472 and at page 479. 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 4-23-THU-2-RH; L 2846

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