Source: February 20, 2019 0 Comments Read More →

NOTICE OF TRUSTEES SALE NOTICE OF

NOTICE OF TRUSTEE’S SALE
NOTICE OF TRUSTEE’S SALE is hereby given pursuant to by virtue of the authority vested in the Trustee, J R Wilson, by that certain Deed of Trust dated October 30, 2014, executed by CHARLES D. BURDETTE and CINDY L. BURDETTE to the Trustee, of record in the office of the Clerk of the County Commission of Raleigh County, West Virginia in Book 5056, at Page 9947. Eric S. Embree was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated January 23, 2019, of record in the Clerk’s Office in Book 5068 at Page 9364. The borrowers defaulted under the Note and Deed of Trust and the Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Trustee will sell the following described property to the highest bidder at the front door of the said real property of Charles D. Burdette and Cindy L. Burdette, 11954 Coal River Road, of Raleigh County, in Whitesville, West Virginia, on:
THURSDAY,
FEBRUARY 21, 2019
at 12:45 P.M.

All of the following described real estate, together with the improvements thereon and the appurtenances thereunto belonging to Grantors, situate in Pettus, Marsh Fork District, Raleigh County, West Virginia, and being more particularly described as follows:
BEGINNING at a point in the east right-of-way line of West Virginia State Highway Route #3, a distance of 206.7 feet, south along said right-of-way line from a corner to the Honaker lot; thence N. 78deg. 02′ E a distance if 221 feet to the center of Marsh Fork Creek; thence up said creed S 6deg. 40′ E a distance of 113.6 feet; thence along and with a line of the Clay lot N 87deg. 26′ W a distance of 212.6 feet to a stake in said right-of-way line; thence with said right-of-way line N 16deg. 23′ W a distance of 60 feet to the place of beginning, and being more particularly described by more recent survey as follows:
That certain parcel of land located at Pettus and in the Marsh Fork District, of Raleigh County, West Virginia, being a 0.483 acre parcel of land situate on WV Route 3 and on the waters of Marsh Fork of Coal River, bounded and more particularly described as follows:
BEGINNING at a post (found) being the common corner of Marquis B. and Snoma Gregory (DB 714-PG 374) parcel of land and Howard S. and Grada Clay (DB 268-PG 347) parcel of land and on the right-of-way of WV Route 3. thence leaving the said Gregory parcel of land and with the right-of-way of WV Route 3, the following two (2) courses and distances, N 28deg. 32′ W 25.73 feet to a point, thence; N 16deg. 23′ W 60.00 feet to a post (found) being the common corner of the said Clay parcel of land and Edwin O. Stump, III c/o Ben Franklin Stores (MR 71- FR 243) parcel of land, thence leaving the right-of-way of the said Route and with the boundary line of the said Clay and Stump parcel of land; N 78deg. 02′ E 221.00 feet to a point in the center of Marsh Fork of Coal River, being the common corner of the said Clay and Stump parcels of land, thence with the Marsh Fork of Coal River, S 03deg. 08′ E 134.91 feet to a point in the center of Marsh Fork of Coal River, being the common corner of the said Clay and Gregory parcels of land, thence leaving the said Marsh Fork of Coal River and with the boundary line of the said Clay and Gregory parcel of land, the following three (3) courses and distances; N 80deg. 53′ W 87.00 feet to a post (found), thence; N 80deg. 53′ W 47.60 feet to a roof bolt (found), thence S 77deg. 36′ W 60.50 feet to the point of beginning, containing 0.483 acres more or less as surveyed by Engineering Services, Inc., Beckley, West Virginia.

Being the same property conveyed unto Charles D. Burdette and Cindy L. Burdette, husband and wife, by James H. Clay and Teresa H. Clay, husband and wife, and John D. Clay and Bernadette Clay, husband and wife, by deed dated February 18, 1997, and recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Book 110, at page 518.
It is the intention of this notice to sell the secured property by proper description as was intended to be transferred and conveyed in the aforesaid deed of trust. The described real estate is reported to have a mailing address of: 11954 Coal River Road, Whitesville, 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. In the event that there are federal tax liens against the property, the United States would have the right to redeem the property within a period of one hundred twenty (120) days from the date of such sale or the period allowable for redemption under local law, whichever is longer. Any buyer is advised to retain counsel before the sale.
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 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 sale discretion of the Trustee. Should the Trustee no appear at the time appointed for the sale and there is no notice posted of a continuance please contact the office of the Trustee to make further inquiry. Any sale may be conducted or adjourned by the designated agent or attorney of the Trustee. The undersigned is fully vested with the authority to sell said property as Trustee by instrument of record.
5) The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate the 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 by cashier’s check, cash or the equivalent within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale by cashier’s check, cash or the equivalent. If the purchaser at the sale is unable to complete the terms of purchase within thirty (30) days, the Trustee reserves the right to transfer the property to the next highest bidder.
7) Should any party have any inquires, objections the sale or protests regarding the sale, or request regarding the sale, please notify the Trustee below.
8) The part(ies) secured by the Deed of Trust reserve the right to purchase the property as such sale.
9) The Trustee, pursuant to the Deed of Trust may act by agent in the execution of the sale and Joe R. Pyle Complete Auction and Realty Service may assist with the sale as auctioneer. The successful Purchaser at the foreclosure shall be responsible for the payment of six (6%) percent Buyers Premium Payable to Joe R. Pyle Compete Auction and Realty Service.

GIVEN UNDER MY HAND THIS THE 24th DAY OF JANUARY, 2019.

ERIC S. EMBREE, Trustee
WVSB#7061
Tyree, Embree &
Associates, PLLC
3564 Teays Valley Road
Hurricane, WV 25526
T: (304)757-0021
F: (304) 757-0795
Email: eric@tyreeembree.com
2-20-WED-2-RH; LG 206870

ID: 206870