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, WV Trustee Services, LLC, by that certain Deed of Trust dated July 13, 2007, executed by Borrowers, Cindy Lou Aust and Arthur Aust, to Carl W. Roop, the Trustee of record in the office of the Clerk of the County Commission of Raleigh County, West Virginia, in Book 5027, at Page 7860, re-recorded on 7/1/2015 in Book 5059, Page 1759. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 2472 Clearfork Road, Beckley, WV 25801. WV Trustee Services, LLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated November 4, 2019, of record in the Clerk’s Office in Book 5071, Page 2638. The borrowers 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 Raleigh County, in Beckley, West Virginia, on the following date:
1st day of December, 2020
at 11:30 a.m.
BEING THE SAME PARCEL OR TRACT OF LAND CONVEYED FROM ROSA L. CROWDER HUMPHREY AND JAMES HUMPHREY, HER HUSBAND, TO RAYMOND CROWDER BY DEED DATED APRIL 28, 1937 AND OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF RALEIGH COUNTY IN DEED BOOK 153, AT PAGE 28, DESCRIBED AS FOLLOWS: SITUATE ON THE WATERS OF CREAR CREEK OF COAL RIVER, CLEAR FORK DISTRICT, RALEIGH COUNTY WEST VIRGINIA, AND DESCRIBED AS FOLLOWS: BEGINNING AT A LOCUST STAKE ON THE EAST SIDE OF THE ROAD, THENCE WITH READ 490 FEET TO SCHOOL LOT, THENCE WITH SCHOOL LOT 200 FEET TO LOCUST STAKE CORNER, THENCE FURTHER WITH SCHOOL LOT 221 FEET TO LOCUST STAKE CORNER OF RASAL L. HUMPHREY, SCHOOL LOT AND J. W. STOVER, THENCE WITH ROSA L. HUMPHREY AND J.W. STOVER LINE 350 TO A LOCUST STAKE CORNER, THENCE RUNNING A LINE THROUGH ROSA L. HUMPHREY TRACT 740 FEET TO A BLACK OAK TREE CORNER, THENCE FURTHER THROUGH ROSA L. HUMPHREY TRACT 544 FEET TO THE BEGINNING, CONTAINING 8 ACRES MORE OR LESS. LESS THE FOLLOWING DESCRIBED PROPERTY: THAT CERTAIN PARCEL OF LAND LOCATED ALONG WEST VIRGINIA ROUTE 1, IN CLEAR FORK DISTRICT OF RALEIGH COUNTY, WEST VIRGINIA, CONVEYED FROM MARGARET COLLINS AND MABLE WILLIAMS TO MABLE WILLIAMS AND RILEY WILLIAMS, HUSBAND AND WIFE, BY DEED DATED JANUARY 3, 2005 AND OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF RALEIGH COUNTY IN DEED BOOK 5016, AT PAGE 2629, TOGETHER WITH ANY IMPROVEMENTS THEREON AND ALL APPURTENANCES THEREUNTO BELONGING AND BEING BOUNDED AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AN IRON PIPE (FOUND) IN A FENCELINE, SAID PIPE BEING REFERENCED AT S. 30deg.35`30″ E. 388.51` FROM A FENCE POST (FOUND) AT THE COMMON CORNER OF JOE ALFRED & LINDA ANN TERRY (MR 112-PG 153); THENCE INTO AND THROUGH THE CROWDER TRACT WITH A NEW LINE; N. 55deg.01`22″ E. 178.93` TO A REBAR (SET), IN A CROSS FENCE; THENCE S. 29deg.33`47″ E. 227.28` TO A FENCE CORNER (FOUND), AT THE COMMON CORNER OF CINDY COCHRAN (DB 752-PG 730); THENCE LEAVING AUST S. 54deg.46`43″ W. 162.05` TO A REBAR (SET) ALONG THE NORTHERN RIGHT OF WAY (40`) OF WEST VIRGINIA ROUTE 1; THENCE WITH THE RIGHT OF WAY N. 35deg.20`08″ W. 226.96` TO A REBAR (SET) THENCE LEAVING THE RIGHT OF WAY N. 55deg.01`22″ E. 5.99` TO THE POINT OF BEGINNING, CONTAINING 0.902 ACRES, MORE OR LESS, AS SURVEYED BY ESI, INC. BECKLEY, WEST VIRGINIA. AND BEING MORE PARTICULARLY SET OUT ON A PLAT ATTACHED HERETO AND MADE A PART OF THIS DEED FOR ALL PURPOSES OF DESCRIPTION, WHICH PLAT IS IDENTIFIED AS “PLAT OF SURVEY SHOWING A PARCEL OF LAND DESCRIBED IN THE WILL OF ELZA RAYMAND CROWDER CLEAR FORK DISTRICT – RALEIGH COUNTY -WEST VIRGINIA, SCALE: 1 = 60` DATE: DECEMBER 17, 2003”, AND WHICH PLAT WAS PREPARED BY ESI, INC., 119 APPALACHIAN DRIVE, BECKLEY, WEST VIRGINIA 25801. LESS THE FOLLOWING DESCRIBED PROPERTY: THAT CERTAIN PARCEL OF LAND LOCATED IN CLEAR FORK DISTRICT, RALEIGH COUNTY, WEST VIRGINIA, CONVEYED TO ARBUTUS WILLIAMS FROM RAYMOND CROWDER AND HESSIE CROWDER, HIS WIFE BY DEED DATED JULY 9, 1952 AND OF RECORD IN THE OFFICER OF THE COUNTY COMMISSION OF RALEIGH COUNTY IN DEED BOOK 318, AT PAGE 306, TOGETHER WITH ALL IMPROVEMENTS THEREON AND APPURTENANCES THEREUNTO BELONGING AND BEING BOUND AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ON A STAKE AT THE UPPER BACK CORNER OF SCHOOL HOUSE IN ROBERT PENNINGTON LINE AND WITH SAID SCHOOL HOUSE LOT BACK LINE 293 FEET PASSING SAME ON SAME DEGREE TO A STAKE; THENCE N 48 EAST 165 FEET TO A STAKE; THENCE S. 37 1/2 EAST APPROXIMATELY, 332 FEET TO ROBERT PENNINGTON (SIC) LINE AND A STAKE; THENCE DOWN THE HILL WITH PENNINGTON (SIC) LINE 165 FEET TO CORNER OF SCHOOL HOUSE LOT THE BEGINNING CORNER CONTAINING 1 1/4 ACRES MORE OR LESS
Being the same property conveyed to Cindy Lou Aust by court order dated May 24, 2004 and recorded in Book 5046 at Page 1395 in the Office of the Clerk of the County Commission of Raleigh County, West Virginia.
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%) of the total purchase price payable to the Trustee at sale.
WV Trustee Services, LLC,
BY: Dionne Reynolds,
Limited Signing Officer
WV Trustee Services, LLC
McGuire Office Center
618 Tenth Street, Suite 108
Huntington, WV 25701