TRUSTEES’ SALE OF VALUABLE REAL ESTATE
2661 Church Hollow Road,
Lashmeet, WV 24733
The undersigned Trustees, by virtue of the authority vested in them by that certain deed of trust dated September 20, 2007, and duly recorded in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Deed of Trust Book 1123, at page 625, Kerrie C. Graham and Charles Roy Graham convey unto CTC Real Estate Services, Trustee, certain real property described in said deed of trust; and the beneficiary has elected to appoint Terra Abstract Trustee West Virginia, Inc. as substitute Trustees by a Substitution of Trustee recorded in the aforesaid Clerk’s Office; and default having been made under the aforementioned deed of trust and the undersigned Trustees, having been instructed by the secured party to foreclose thereunder, will offer for sale at public auction at the front door of the Mercer County Courthouse, 1501 Main Street, Princeton, West Virginia 24740 on:
December 20, 2019
At 1:00 PM
All that certain parcel of land situated on the waters of Rich Creek, in Rock District, County of Mercer, State of West Virginia, being bounded and described as follows:
Beginning at a point In the Northern line of the Old County Road, which point is at the Southwest corner of a tract or parcel of land heretofore conveyed to the Lashmeet Public Service District; thence with two lines of the same. North 1deg. 58` West 70 feet and South 86deg. 00` East 60 feet to a point in the West line of a 16` wide alley; thence crossing the Northern end of the alley, South 86deg. 00` East about 10 feet to a point in the West line of property being retained by the parties of the first part: thence with said reserved property, North 5deg. 57` West about 70 feet to an iron pin marked for a corner; thence North 89deg. East 63.3 feet to a point In the Western line of a lot conveyed by deed of May 6, 1969 to Buford L. Hurst;
thence with said Hurst Lot, North 8deg. 00` West 95.1 feet and North 69deg. 40` East 155 feet to a corner in the E.L. Dunavant land; thence and with the same, North 8deg. 35` West 160.3 feet to a fence post, corner E.L. Dunavant; thence North 84deg. 00` West 159.8 feet to a 2 small white oaks; thence North 83deg. 50` West 68.7 feet to a stake 8″ North of a chesnut; thence North 58deg. 35` West 561.2 feet to a maple; thence South 28deg. 15` West 35 feet to the North Bank of Mire Branch; thence South 28deg. 18` West 627 feet to a stake in the line of Burnett Lexton`s tract; and the Northern line of the Pinoak to Matoake Road; thence and with the same, the following courses and distances, South 66deg. 40` East 258.5 feet; South 76deg. 15` East 158.5 feet; South 81deg. 40` East 230.7 feet; and South 83deg. 40` East 180 feet to the place of beginning, containing 11 acres.”
And Being the same property conveyed unto Willie Graham and Garie L. Graham, husband and wife, by J.C. Walker and Pearl Walker, his wife, by deed dated May 12, 1969 of record in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Deed Book 451, at page 775. The said Garie L. Graham died on the ___ day of ______, 19__, and the interest of the said Garie L. Graham in said real estate passed to Willie Graham by the survivorship clause in said deed.
There is reserved from the operation of this conveyance that tract or parcel of land described on a plat bearing the legend, “Plat of Willie Graham`s & Carie L. Graham`s 1.295 acre parcel of land lying on the waters of Pocosin Fork of Rich Creek of Bluestone River Rock District Mercer County Pinoak West Virginia Scale 1″= 40` May 25, 1984 A. M. Shields, III,” which plat is intended to be made a part hereof and recorded simultaneously herewith, and which tract or parcel of land is more particularly bounded and described as follows:
Beginning at a 3/4 Inch iron pipe set in the property divisional line between Willie Graham and the Lashmeet Public Service District; thence leaving said Service District and through Willie Graham`s property the following: North 22deg. 18` 20″ West, 300.40 feet to a 1/2 inch Iron pipe set; thence North 88deg. 42` 10“ East 342.78 feet to a 1/2 Inch square Iron bar set In the property divisional line between Willie Graham and James Brammer and in a fence line; thence with said divisional line and with a wire fence line South 08deg. 58` 08″ East 82.34 feet to a fence post standing at the Northeast corner of Buford L. Hurst`s property; thence leaving the James Brammer property and with the divisional line between Willie Graham and Buford L. Hurst and with a wire fence line South 69deg. 40` 00″ West 153.09 feet to a corner fence post; thence continuing with said divisional line and a wire fence South 07deg. 54` 45″ East 95.31 feel to a corner fence post standing at the Northeast corner of John W. Taylor`s property; thence leaving the Buford L. Hurst property and with the property divisional line between John W. Taylor and Willie Graham and with wire fence lines the following: South 88deg. 04` 25″ West 63.24 feet to a fence post; thence South 06deg. 03` 00″ East 56.90 feet to a fence post standing at the Northeast corner of the above mentioned Lashmeet Public Service District property; thence leaving the John W. Taylor property and with the divisional line between said Service District and Willie Graham North 87deg. 55` 05″ West 53.91 feet to the point of beginning, containing 1.295 acres.
The parties of the first part further convey unto the parties of the second part a right-of-way over and across the above-described 1.295 acre tract for the purpose of Ingress and egress.
The aforesaid property is SUBJECT TO any and all easements, rights-of-way, conditions, covenants and restrictions of record or in existence.
The sale of the foregoing real property will be made subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real estate, subject to all matters disclosed by an examination and inspection of the property, subject to any and all unpaid taxes as recorded against said property, and to any further matters announced at said sale. The property is sold subject to an accurate survey at purchaser’s expense.
The sale of the foregoing real property will also be made expressly subject to any and all other deeds of trust, judgments, liens, and all other encumbrances of any nature whatsoever, if any, having priority over the deed of trust referred to herein.
The Trustees reserve the right to adjourn the sale, for a time, or from time to time, without further notice, by announcement at the time and place of sale describe above or any adjournment thereof. The Trustees reserve the right to reject any and all bids.
The subject property will be sold in “AS IS” condition. The Trustees shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. The Trustees will deliver a trustees’ deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code 38-1-6. The Trustees make no representations and warranties about the title of the real estate to be conveyed. If the Trustees are unable to convey insurable or marketable title to purchaser for any reason, purchaser’s sole remedy is return of deposit.
TERMS OF SALE: $3,000.00 cash in hand at the time of sale in the form of a certified check or cashier’s check made payable to “Stern & Eisenberg Mid-Atlantic, PC, counsel for Terra Abstract” and the balance in cash closing within 30 days of the date of the sale. Purchaser shall pay for transfer stamps and recording fees. Additional terms of sale may be announced prior to the sale.
Terra Abstract Trustee
West Virginia, Inc.
9920 Franklin Square Drive,
Suite 100
Baltimore, MD 21236
(410) 635-5127, (443) 815-3931
www.sterneisenberg.com
ID: 327894