NOTICE OF TRUSTEE’S SALE
NOTICE is hereby given that default having been made under the terms of a Deed of Trust dated February 13, 2004, and of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Trust Deed Book 5012, at page 3714, executed by Timmy A. Martin and Andrea M. Martin 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 by Substitution of Trustee of record in the aforesaid Clerk’s office in Book 5071 at Page 6233 and demand having been made upon the undersigned so to do, the undersigned Substitute Trustee, Clyde A. Smith, Jr., will, on the 23rd day of June, 2020, at the front door of the Raleigh County Courthouse, in the City of Beckley, West Virginia, at 10:00 a.m., sell the property hereinafter described, which property was conveyed in said Deed of Trust, and being more particularly described as follows:
That certain tract of land located in Town District, Raleigh County, West Virginia, bounded and described as follows:
BEGINNING at the center of the bridge above the mill dam, a corner to S.J. Snuffer and J.W. Ball, and with the latter line N 41o W 624.8 feet to a pine stump and stone, a corner of Beaver Coal Company, an with its N 79o E about 500 feet to the road leading down Big White Stick Creek; thence with said road about 800 feet to the Maple Meadow Road and with the same to the beginning, containing 5 acres more or less.
And also described as:
That certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate and located in Town Tax District, Raleigh County, West Virginia and being more particularly described as a former tract of five (5) acres, more or less, now containing 4.993 acres, more or less, Maple Meadow Road, and being more particularly described as the five (5) acre tract in Deed dated May 12, 1960, recorded in Deed Book 395, at page 104, and a Deed dated January 31, 1980, recorded in Deed Book 624, at page 21, less that certain out-conveyance as bounded and described in Deed dated March 5, 1985, recorded in Deed Book 694 at page 778 from Howard E. Shrewsberry and Minnie Ruth Shrewsberry, his wife, to the West Virginia Department of Highways containing 315 square feet.
And being the same property conveyed to Timmy A. Martin and Andrea M. Martin, by Deed dated the 13th day of February, 2004 from Elizabeth J. Harden, which said Deed is of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Deed Book 5012 at page 3711.
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.
CLYDE A. SMITH, JR.,
SUBSTITUTE TRUSTEE
ID: 394047