Raleigh

NOTICE OF TRUSTEE’S SALE OF VALUABLE REAL ESTATE

NOTICE OF TRUSTEE’S SALE OF VALUABLE REAL ESTATE The undersigned Trustee, Barry L. Bruce, by virtue of that certain Deed of Trust dated May 7, 2014, executed by WHITTAKER, LLC, by Andrew J. Whittaker, its Member, and ANDREW J. WHITTAKER, Individually, unto Barry L. Bruce, Trustee, of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Trust Deed Book 5055 at page 2474, the Borrowers of the Note and obligation secured thereby having failed to pay the same as provided under the terms of said Note and Deed of Trust, and default not cured within the terms of said Note and Deed of Trust, the Holder of the Note having declared the whole thereof to be due and payable and Barry L. Bruce, Trustee, having been requested so to do by the Secured Creditor, and the provisions in said deed of trust concerning acceleration having been complied with by the Secured Creditor and present Holder of the Note, said Trustee will sell at public auction to the highest bidder at 2:00 p.m. on the 5th day of February, 2016 at the location of said property, Beckley Speedway, 302 Racetrack Road, Prosperity, WV 25909, the following described real estate, to wit: All that certain property situate in Town District, Raleigh County, West Virginia, and being more particularly bounded and described as follows: PARCEL I: The following surface tracts, together with the improvements thereon, situate in Raleigh County, West Virginia, and more particularly described as follows: TRACT ONE: The surface, together with all improvements thereon and appurtenances thereunto belonging of those certain lots or parcels of land situate on the head waters of Sand Branch, near Prosperity, Town District, Raleigh County, West Virginia, and being Lots Nos. One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7),Eight (8), Nine (9), Seventeen (17), Eighteen (18), and Nineteen (19), as shown and designated on a map entitled “Phillips Subdivision, situate on Sand Branch Road, Prosperity WV owned by Blackburn-Patteson Realty Co., Mount Hope WV recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Map Book No. 8 at page 212. EXCEPTING AND RESERVING, HOWEVER, AND NOT HEREBY CONVEYED, a portion of said Lot No. 17, more particularly bounded and described as follows, to wit: BEGINNING at a stake at the common corner of Lots Nos. 15 and 16; thence S 25 10′ W 60 feet to a stake in Lot No. 17; thence N 59 40′ W 75.85 feet to a stake in the western boundary line of Lot No. 17l; thence along the western boundary line of Lot No. 17, N 25 10′ E 60 feet to a stake a common corner to Lot No. 16 and Lot No. 17, thence along the common boundary line between Lots Nos. 16 and 17 S 59 40′ E 75.85 feet to the place of beginning. TRACT TWO: The surface, together with the appurtenances thereto belonging, of those two tracts or parcels of land situate on the headwaters of South Sand Branch in Town District, Raleigh County, West Virginia, described as follows: FIRST PARCEL: Beginning at a stake in the old J.E. F. Miller line, said stake N 24 45′ E 607 feet from a poplar located on the south prong of South Sand Branch; thence N 45 20′ W and along a barbed wire fence 940 feet to a fence post situate on the bank of the north prong of South Sand Branch; thence along said North prong of South Sand Branch N 70 30′ E 240 feet to a stake; thence continuing along said branch N 50 10′ E 313 feet to a stake; thence leaving said branch S 80 54′ E 579 feet to a stake in the old J. E. F. Miller line; thence along said line S 24 45′ W 202 feet to a stake; thence S 62 00′ E 313.5 feet to a stake; thence S 48 45′ E 528 feet to a stake; thence S 23 00′ W 724 feet to a stake; thence N 53 46′ W 838 feet to the point and place of beginning, containing 25 acres, more or less, and shown on a map of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Deed Book 245 at page 395. SECOND PARCEL: Beginning at a stake in the old J. E. F. Miller lines said stake a corner to a tract of 25 acres, more or less, Tract First above, thence along the common line of said tract S 53 46′ E 838 feet to a stake; thence S 23.00′ W 630 feet, more or less, to the South prong of South Sand Branch; thence down said branch as it meanders about 58 poles to a poplar and wahoo about 1 1/2 poles from and on the east side of said branch, a corner to the old J. E. F. Miller tract; thence N 24 45′ E and along the old J. E. F. Miller line 607 feet to the point and place of beginning, and being shown on a map of record in the said Clerk’s Office in Deed Book 247 at page 48. That certain parcel of land situate on south Sand Branch, in Town District, Raleigh County, West Virginia, bounded and described as follows: TRACT THREE: Beginning at a stake in the center of the northfork of Sand Branch, a corner to Dewey Toney; thence with line fence of Toney S 48 18 E 940.00 feet to a fence post on the north side of a road, a corner to Toney; thence with another line fence of Toney and said road S 22 52 W 258.;01 feet to a stake, a corner to the West Virginia Turnpike Commission (formerly H. L. Strickland); thence with lines of West Virginia Turnpike Commission N 57 42 W 164.94 feet to a stake, said stake being at right angles 150.00 feet from station 2155 plus 39.31; thence parallel and 150.00 feet from the center line and with a curve to the left N 32 47 W 263.50 feet to a stake; N 34 43 W 1.82 feet to a stake; N 43 45 W 648.00 feet, more or less, to a stake; thence N 37 22 E 40.00 feet to a stake; said stake being 190.00 feet at right angles from station 2164 plus 00; thence parallel and 190.00 feet from center line N 52 25 W 39.00 feet, more or less, to a point in the center of the north fork of Sand Branch; thence up the branch as it meanders N 78-17 E 140.00 feet, more or less, to the beginning, containing 4.70 acres, more or less. (Note: The above bearings referring to the Turnpike meridian). EXCEPTING AND RESERVING, however, and not hereby conveyed 20.431 acres condemned by the West Virginia Department of Highways, as will more fully be shown by Final Order entered September 6, 1979 by the Hon. C. Berkley Lilly, Judge of the Circuit Court of Raleigh County, West Virginia, in Deed Book 617 at page 634 and to which Final Order reference is here made for a more particular description of said property condemned. And being the same property conveyed to Black Diamond Raceways, Inc., a WV corporation from Fred R. Arthur and Betty L. Arthur, his wife, by Deed dated April 19, 1982 of record in the Office of the Clerk of Raleigh County, West Virginia in Deed Book 654 at page 898. PARCEL II: The following described tract or parcel of surface land, together with the improvements thereon, rights incidental thereto and the appurtenances thereunto belonging, situate in Town District of Raleigh County, West Virginia, and being more particularly bounded and described as follows, to wit: BEGINNING at a 3″ iron pipe set on the line between James Emma Martilda and Black Diamond Raceways, Inc., said pin being S 27 09′ W 79.36 feet from a 1” iron pipe (found), common corner to C. W. James, Sr., James Emma Martilda and Black Diamond Raceways, Inc.; thence, S 27 09′ W 1,274.78 feet to a point at the south prong of South Sandbranch, thence N 61 03′ W 35.13 feet to a point at the edge of the road in the south prong of South Sandbranch, said corner being a corner to William Boyko; thence N 23 30′ W 160.00 feet to a point at the edge of the road; thence, N 36 30′ W 200.00 feet to a point at the edge of the road; thence, S 53 30′ W 15.0 feet to a point near the right of way fence of West Virginia Turnpike I-77, said corner being a corner to William Boyko and said Rt. I-77 right of way line; thence leaving William Boyko, N 22 14′ W 364.00 feet to a point on said right of way line; thence, N 3 15′ W 460.00 feet to a point on said right of way line; thence, 3 33′ W 280.00 feet to a concrete right of way marker (found); thence, N 48 44′ E 293.28 feet to a point on said right of way line; thence, leaving said right of way line on a new established property line, S 58 36′ E 860.36 feet to the beginning, containing 20.38 acres, more or less, as further described in a “Map of Property To Be Deeded to Jack Williams from Black Diamond Raceways Inc, Being Park of Tracts from Deed Book 645, page 898, Containing 20.38 Acres As Surveyed Located Near Prosperity, Raleigh County, West Virginia, July 1994. EXCEPTING AND RESERVING from Parcel II, and not herein conveyed the property described in Deed dated November 3, 1999, from Black Diamond Raceway, Inc., a West Virginia corporation, to James L. Williams, recorded November 12, 1999, in Deed Book 5001 at page 1269. Grantor further conveys unto Grantee a right of way and easement 50 feet in width through the Black Diamond Raceway, Inc., property, running along the eastern property line through Lots 1, 2, 3, 4 and 19 of the Phillips Subdivision, entering the above described property at the northwest corner. And being the same property conveyed to Whittaker, LLC, from Beckley Motor Speedway Mortgage Trust, by Deed dated the 9th day of April, 2003, recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Book 5009 at page 4419. It is the intention of this notice to sell the secured property by proper description as was intended to be transferred and conveyed in aforesaid deed of trust. TERMS OF SALE: Cash in hand on day of sale or within 30 days of date of sale upon terms to be agreed upon between Trustee and successful bidder, time being of the essence; payment for unpaid real estate taxes to be assumed by purchaser. The Trustee does not warrant title or fitness to this property; it is being purchased as is; this is a buyer beware sale and any buyer is advised to retain counsel before the sale. If there is any part of the process of sale which is found to be objectionable, the trustee reserves the right to cancel the sale. No purchaser should take possession or make improvements to the premises until the Trustee Deed is delivered or recorded. A third party purchaser at sale will be required to pay the purchase price plus all recording and transfer fees. Trustee at sale is under no duty to cause any existing tenant or person occupying the subject property to vacate said property. FEDERAL TAX LIEN: 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. The party(ies) secured by the Deed of Trust reserve the right to purchase the property at such sale. If the purchaser at sale is unable to complete the terms of purchase within 30 days, Trustee reserves the right to transfer the property to the next highest bidder. Any sale hereunder may be adjourned from time to time without any notice other than oral proclamation at the time and place appointed for this sale or by posting notice of same. Should the Trustee not appear at the time appointed for the sale and there is no notice posted of a continuance, please contact the Office of Trustee to make further inquiry. Any sale may be adjourned by the designated agent or attorney of Trustee. The undersigned is fully vested with the authority to sell said property as Trustee by instrument of record. Should any party have any inquiries, objections to the sale or protests regarding the sale or requests regarding the sale, please notify the Trustee below by one of the means of communication set forth: BARRY L. BRUCE, TRUSTEE PO Box 388 Lewisburg, WV 24901 Telephone: (304) 645-4182 Fax: (304) 645-4183 1-15-FRI-2-RH; 3862