NOTICE OF TRUSTEE’S SALE
In execution of the deed of trust, dated June 5, 2013, from Circleview Trailer Court L.L.C. to Stephen M. Feola and Gary R. Mills, as trustees, of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Book 5051, at page 9448, and the deed of trust, dated June 5, 2013, from Circleview Trailer Court L.L.C. to Gary R. Mills and Stephen M. Feola, as trustees, of record in said Clerk’s Office in Book 5051, at page 9453, the undersigned trustee will offer for sale at public auction on November 26, 2018, at 10:00 a.m. at the Main Street entrance of the Raleigh County Courthouse, 215 Main Street, Beckley, West Virginia, all those certain tracts or parcels of land more particularly bounded and described as follows:
TRACT ONE:
A tract or parcel of land being Lots 29, 30 and 31 of Hedrick Homesteads Extension situated in Trap Hill District, Raleigh County, West Virginia, and being more particularly described as follows:
Beginning at a chestnut stump, found from previous survey, on the southern rightofway line of Church Street, said stump being a corner of Lot 23 of the Light Addition; thence leaving said rightofway line and running with said Light Addition
S 19deg. 39′ W 258.80 feet to a point, said point being the northeastern corner at the end of a 1 foot reservation; thence leaving said Light Addition and with the northern line of said reservation:
N 75deg. 42′ W 205.16 feet to a 1/2inch rebar, set from previous survey, said rebar being on the previously mentioned rightofway line of Church Street; thence leaving said reservation and with said rightofway line the following two (2) calls:
N 48deg. 26′ E 91.16 feet to a point;
N 58deg. 39′ E 254.81 feet to the POINT OF BEGINNING and containing 28,491 square feet (0.654 acres), more or less as surveyed by Eastern Surveying, Inc. and shown on a plat entitled “PLAT SHOWING BOUNDARY SURVEY OF PROPERTY STANDING IN THE NAME OF THOMAS BENNETT AND BETTY JANE BENNETT SITUATED IN THE VICINITY OF BECKLEY, TOWN AND TRAP HILL DISTRICTS, RALEIGH COUNTY, WEST VIRGINIA, SCALE: 1″=100″‘ dated May 28, 2002 and revised September 26, 2005.
Being part of the same First Parcel of land conveyed to Thomas Bennett and Betty Jane Bennett from Irene Lavaughn Bennett by Deed which is of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Instrument #50076008.
TRACT TWO:
A tract or parcel of land being Lots 1 thru 28, Lots 32 thru 45, part of Lots 46 thru 51, Lot 52 and Lots 54 thru 70 of Hedrick Homesteads Extension situated in Town District, Raleigh County, West Virginia, and being more particularly described as follows:
Beginning at a railroad spike, set from previous survey, on the intersection of the eastern rightofway line of Circleview Drive and the northern rightofway line of Church Street, said spike being a corner of Lot 28; thence leaving said rightofway line of Church Street and with said rightofway line of Circleview Drive the following five (5) calls:
N 09deg. 50′ E 77.50 feet to a point;
N 23deg. 39′ E 152.60 feet to a point, said point being a common corner of Lots 26 and 27;
N 40deg. 35′ E 149.40 feet to a point, said point being a common corner of Lots 24 and 25;
N 58deg. 51′ E 943.70 feet to point;
N 43deg. 12′ E 13.72 feet a 1/2inch rebar, set from previous survey, said rebar being situated S 43deg. 12′ W 3.78 feet from the common corner of Lots 46 and 47; thence leaving said rightofway line of Circleview Drive and running thru Lot 46, then thru Lot 47
S 45deg. 40′ 33″ E 145.01 feet to a 1/2inch rebar, set from previous survey thence continuing thru Lot 47, then thru Lot 48
N 52deg. 02′ 27″ E 132.04 feet to a 1/2inch rebar, set from previous survey; thence continuing thru Lot 48, then Lot 49
N 38deg. 16′ 27″ E 99.09 feet to a 1/2inch rebar, set from previous survey; thence continuing thru Lot 49
S 68deg. 37′ 17″ E 105.39 feet to a 1/2inch rebar, set from previous survey, on the common line between Lots 49 and 69; thence continuing with said common line
N 07deg. 43′ W 115.10 feet to a 1/2inch rebar, set from previous survey; thence leaving Lot 67 and running thru Lot 50, then thru Lot 51
N 72deg. 10′ 34″ W 278.95 feet (passing a 24inch wild cherry on line at a distance of 92.80 feet) to a 1/2inch rebar, set from previous survey, on the previously mentioned eastern rightofway of Circleview Drive, said rebar being situated N 09deg. 43′ W 20.08 feet from the common corner of Lots 50 and 51; thence with said rightofway line
N 09deg. 43′ W 87.92 feet to a fence post, found from previous survey, said post being a common corner of Lots 52 and 53; thence leaving said rightofway of Circleview Drive and with the common line between Lots 52 and 53
N 82deg. 17′ E 254.76 feet to a 1/2inch rebar, set from previous survey, said rebar being a common corner of Lots 52, 53, 62 and 63; thence leaving Lots 52 and 63 and with the common line between lots 53 and 62
N 07deg. 43′ W 50.00 feet to a 1/2inch rebar, set from previous survey, said rebar being a common corner of Lots 53, 54, 61 and 62; thence leaving Lots 61 and 62 and with the common line between Lots 53 and 54
S 82deg. 17′ W 256.50 feet to a 1/2inch rebar, set from previous survey, on the previously mentioned eastern rightofway of Circleview Drive; thence leaving Lot 53 and with said rightofway line
N 09deg. 43′ W 39.50 feet to a point on the intersection of said rightofway of Circleview Drive and the southern rightofway line of Slate Road; thence leaving said rightofway of Circleview Drive and with said rightofway line of Slate Road the following five (5) calls:
N 09deg. 20′ E 110.30 feet to a point;
N 22deg. 17′ E 63.50 feet to a point, said point being a common corner of Lots 55 and 56;
N 46deg. 49′ E 82.90 feet to a point;
N 60deg. 26′ E 85.05 feet to a point, said point being a common corner of Lots 56 and 57;
N 77deg. 13′ E 248.30 feet to a 1/2inch rebar, set from previous survey, on the intersection of said rightofway of Slate Road and the western rightofway line of Locust Vale Street, said rebar being the northeast corner of Lot 59; thence leaving said rightofway line of Slate Street and with said rightofway line of Locust Vale Street
S 07deg. 43′ E 736.09 feet to a 1/2inch rebar, set from previous survey, said rebar being a corner of Lot 70 and Simon P. King; thence leaving said rightofway line of Locust Vale Street and with said King
S 49deg. 01′ 48″ W 205.91 feet to a 1/2inch rebar, set from previous survey, said rebar being a corner of Lots 48, 49, 70 and said King; thence leaving Lots 49 and 70 and continuing with said King in part, then with Harper Heights Missionary Baptist Church
S 10deg. 30′ 35” E 381.84 feet (passing a common corner of Lots 48 and 1) to a 1/2inch rebar, set from previous survey, on the end of previously mentioned northern rightofway line of Church Street, said rebar being a corner of Lot 1; thence leaving Harper Heights Missionary Baptist Church and with said rightofway line of Church Street the following four (4) calls:
S 83deg. 23′ W 1126.00 feet to a point;
S 58deg. 35′ W 260.00 feet to a point;
S 48deg. 26′ W 84.60 feet to a point, said point being a corner of Lot 28;
N 75deg. 38′ W 75.30 feet to the POINT OF BEGINNING and containing 19.265 acres, more or less as surveyed by Eastern Surveying, Inc. and shown on a plat entitled “PLAT SHOWING BOUNDARY SURVEY OF PROPERTY STANDING IN THE NAME OF THOMAS BENNETT AND BETTY JANE BENNETT SITUATED IN THE VICINITY OF BECKLEY, TOWN AND TRAP HILL DISTRICTS, RALEIGH COUNTY, WEST VIRGINIA, SCALE: 1″=100′” dated May 28, 2002 and revised September 26, 2005.
Being a part of the same First Parcel of land conveyed to Thomas Bennett and Betty Jane Bennett from Irene Lavaughn Bennett by Deed dated the 1st day of July, 2002 which is of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Instrument #50076008.
TRACT THREE:
A tract or parcel of land being a 3.647 acre tract situated in Town District, Raleigh County, West Virginia, and being more particularly described as follows:
Beginning at a 1/2inch rebar, set from previous survey, on the intersection of the eastern rightofway line of Circleview Drive and the southern rightofway line of a 30 foot right-ofway; thence leaving said rightofway of Circleview Drive and running with said right-ofway line of 30 foot rightofway
S 58deg. 51′ E 332.68 feet to a railroad spike, set from previous survey, on the western rightofway line of a 12 foot alley; thence leaving said rightofway line of 30 foot right-ofway and with said right-ofway line of 12 foot alley the following three (3) calls:
S 16deg. 00′ E 180.26 feet to a point;
S 12deg. 28′ E 48.97 feet to a point;
S 09deg. 00′ E 100.84 feet to a 1/2inch rebar, set from previous survey, on the northern rightofway line of Slate Road; thence leaving said rightofway line of 12 foot alley and with said rightofway line of Slate Road the following three (3) calls:
S 77deg. 13′ W 257.14 feet to a point;
S 60deg. 26′ W 93.06 feet to a point;
S 46deg. 49′ W 85.36 feet to a railroad spike, set from previous survey, on the previously mentioned eastern rightofway of Circieview Drive; thence leaving said rightofway line of Slate Road with said rightofway line of Circleview Drive the following five (5) calls:
N 05deg. 24′ E 10.48 feet to a point;
N 02deg. 00′ B 282.29 feet to a point;
N 04deg. 18′ E 67.52 feet to a point;
N 14deg. 40′ E 16.27 feet to the POINT OF BEGINNING and containing 3.647 acres, more or less as surveyed by Eastern Surveying, Inc. and shown on a plat entitled “PLAT SHOWING BOUNDARY SURVEY OF PROPERTY STANDING IN THE NAME OF THOMAS BENNETT AND BETTY JANE BENNETT SITUATED IN THE VICINITY OF BECKLEY, TOWN AND TRAP HILL DISTRICTS, RALEIGH COUNTY, WEST VIRGINIA, SCALE: 1″=100′” dated May 28, 2002 and revised September 26, 2005.
And being the same property conveyed to Circleview Trailer Court, LLC, by Deed dated the 15th day of May, 2006, which is recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Book 5022, at page 2714.
This conveyance is subject to all reservations, exceptions, limitations, restrictions, and conditions contained in all former conveyances of said property or any part thereof, excepting those pertaining to race, color, or creed.
This sale will exclude the real estate conveyed by Circleview Trailer Court L.L.C. to Richard E. Gray and Drema Gray by the deed, dated March 19, 2015, of record in said Clerk’s Office in Book 5058, at page 1964, the real estate conveyed by Circleview Trailer Court L.L.C. to Ronald L. Bailey by the deed, dated September 16, 2015, of record in said Clerk’s Office in Book 5060, at page 3833, and the real estate conveyed by Circleview Trailer Court L.L.C. to Wesley Eastridge by the deed, dated April 20, 2016, of record in said Clerk’s Office in Book 5061, at page 9924.
The deeds of trust state that the address of this real estate is Circleview Drive, Beckley, West Virginia 25801.
J. Peter Richardson was appointed substitute trustee by the APPOINTMENT OF SUBSTITUTE TRUSTEE, dated October 9, 2018, of record in said Clerk’s Office in Book 5068, at page 4974, and by the APPOINTMENT OF SUBSTITUTE TRUSTEE, dated October 9, 2018, of record in said Clerk’s Office in Book 5068, at page 4975.
This sale will include all rights, easements, appurtenances, improvements and structures that are part of the real estate described above. This sale will be subject to all restrictions, rights-of-way, conditions, easements and matters of record, mechanics’ and materialmen’s liens, if any, whether of record or not of record, and unpaid real estate taxes, to the extent any of the foregoing apply and take priority over the lien of the deed of trust.
TERMS OF SALE: Cash in hand on day of sale. The conveyance of the real estate will be by special warranty deed. The real estate and any improvements thereon will be sold in “as is” condition without any warranties. The successful bidder will assume the risk of all loss or damage to the real estate and any improvements thereon after the sale, and be responsible for all costs of the conveyance including, but not limited to, any examination of title, preparation of the deed, excise tax and recording fees. Any announcements made at the sale, including postponement of the sale and withdrawal of the real estate from sale, will take priority over published notices.
Dated: October 26, 2018.
J. Peter Richardson, as trustee
Post Office Box 1778
Bluefield, West Virginia 24701
(304) 327-7158
11-19-MON-2-RH; LG 165605
ID: 165605