TRUSTEES’ SALE OF VALUABLE REAL ESTATE
2811 Grimes Rdg,
Valley Grove, WV 26060
In a Deed of Trust dated July 6, 2016, and duly recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed of Trust Book 1528, at page 220 Gregory L. Lemasters, Jr. and Stacey Lemasters did convey unto LOUIS GEORGE ESQUIRE AND RAYMOND A. NOAN, ESQUIRE JT., Trustee, certain real property. The beneficial holder of that Deed of Trust 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. Default having occurred under the Deed of Trust and the beneficial holder having instructed the undersigned Trustees to foreclose, this real property will be sold at public auction at the front door of the Ohio County Courthouse, 1500 Chapline Street, Wheeling, West Virginia 26003 on:
January 5, 2023
At 02:30 PM
The property for sale as described by the Deed of Trust is as follows:
SITUATE IN LIBERTY DISTRICT, OHIO COUNTY, WEST VIRGINIA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIN AT THE INTERSECTION OF A LINE S. 58 DEGREES 30` W AND S 4 DEGREES E LOCATED ON THE EASTERN SIDE OF THE PARCEL AND ADJOINED BY LANDS NOW OR FORMERLY BELONGING TO MR. ROBERT HAROLD FISH AND EVELYN L. FISH, HIS WIFE. THEN S 4 E 18.65 FEET TO A NAIL IN THE CENTERLINE OF 6 TRAVELED PUBIC ROAD; THENCE S 74 DEGREES 35` W 281.85 FEET TO A NAIL IN SAID CENTERLINE OF THE TRAVELED PUBLIC ROAD; THENCE N 15 DEGREES 20` W 18.70 FEET TO AN IRON PIN; THENCE N 28 DEGREES 29` E 280.18 FEET TO AN IRON PIN; THENCE 81 DEGREES 21` E 518.41 FEET TO AN IRON PIN: THENCE S 19 DEGREES 51` E 18.88 FEET TO AN IRON PIN IN THE ORIGINAL LINE OF HELEN GARRISON AND FOLLOWING THIS LINE S 58 DEGREES 30` W 442.36 FEET TO THE PLACE OF BEGINNING CONTAINING 2.01 ACRES, MORE OR LESS, ACCORDING TO A SURVEY BY KENNETH D. DAVIDSON, PROFESSIONAL ENGINEER, DATED JULY 15 1981.
LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL OF LAND:
A CERTAIN PARCEL OR LAND SITUATE UPON THE NORTH SIDE OF COUNTY ROUTE 53/3, THE WEST LIBERTY AND POTOMAC ROAD, LOCATED IN THE
LIBERTY DISRICT OF OHIO COUNTY, WEST VIRGINIA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING FOR THE SAME AT A FOUND IRON BAR LOCATED AT THE MOST WESTERN CORNER OF A 2.01 ACRE PARCEL OR LAND THAT WAS CONVEYED TO GARY E. CARTER AND MARY A CARTER, HIS WIFE, BY DEED DATED OCTOBER 29, 1993 AND OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF OHIO COUNTY, WEST VIRGINIA IN DEED BOOK 675 AT PAGE 831
THENCE, FROM THE SAID PLACE OF BEGINNING, AND WITH THE WESTERN LINE OF THE SAID 2.01 ACRE PARCEL, AND ALSO WITH THE WESTERN SIDE OF AN POSTING GRAVEL ROADWAY, A RIGHT OF WAY 12.00 FEET WIDE TO BE USED IN COMMON WITH THE PARTIES OF THE FIRST PART AND THE PARTIES OF THE SECOND PART HEREIN FOR INGRESS AND DEGREES, HERERNAFTER MENTIONED, N 28 DEGREES 29` E FOR A DISTANCE OF 147.94 FEET TO A SET IRON BAR THENCE, THROUGH THE LANDS REMAINING TO THE GRANTORS HEREIN, S. 58 DEGREES 27 E, FOR A DISTANCE OF 52.46 FEET TO A SET IRON BAR, THENCE, WITH THE SAME, S 28 DEGREES 29` W PASSING ON LINE AN IRON BAR SET AT 94.52 FEET, FOR A TOTAL DISTANCE OF 120.58 FEET TO A POINT IN THE SAID COUNTY ROAD, SAID POINT IS LOCATED IN THE SOUTH LINE OF THE GRANTORS TRACT. THENCE, WITH THE SAME, S 74 DEGREES 35` W. FOR A DISTANCE OF 54.73 FEET TO A POINT. THENCE, LEAVING THE SAID TOTALLY ROAD, AND WITH THE SAID 2.01 ACRE TRACT N. 15 DEGREES 20` W. FOR A DISTANCE OF 18.70 FEET W THE PLACE OF BEGINNING, CONTAINING 0.173 ACRES, MORE OR LESS, AS SHOWN UPON A PLAT ATTACHED HERETO AND INTENDED TO BE MADE A PART OF THIS DESCRIPTION
THE ABOVE DESCRIBED PARCEL OF LAND IS MADE SUBJECT TO A RIGHT OF WAY 12.00 FEET WIDE, PREVIOUSLY MENTIONED, OVER AND UPON AN EXISTING GRAVEL ROADWAY LEADING FROM THE SAID COUNTY ROAD ALONG THE MOST WESTERN LINE TO THE LANDS REMAINING TO THE GRANTORS HEREIN TO BE USED IN COMMON BY THE PARTIES OF BOTH PARTS HEREIN AND THEIR HEIRS AND ASSIGNS.
THE EXACT QUANTITY OF LAND OR NUMBER OF ACRES AND/OR SQUARE FEET CONTAINED WITHIN THE PROPERTY DESCRIBED HEREIN IS NOT GUARANTEED BY THIS COMPANY
THE ABOVE DESCRIBED PARCEL OF LAND IS SUBSET TO ALL EXCEPTIONS, COVENANTS AND CONDITIONS REFERRED TO IN THIS DEED AND ALL PRIOR DEEDS OF RECORD AND TO ALL RIGHTS OF WAY AND EASEMENTS OF RECORD
The purchaser will take the property subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real property.
The purchaser will be responsible for paying any transfer stamp, excise taxes, and recording costs associated with recording the Trustee’s Deed into their name.
The purchaser will be responsible for paying any unpaid property taxes owed to the Sheriff of Ohio County prior to or following the sale directly to the Sheriff.
The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance having priority over the deed of trust referred to herein.
The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance that is junior (“junior claims”) to this Deed of Trust and to which sufficient notice was not given. In that case, unless such right to notice is waived, the chain of title shall not merge with this Deed of Trust as to those unnoticed deeds of trust, judgments, liens, and other encumbrances and will be subject to a further noticed and published sale under this Deed of Trust pursuant to W.Va. Code 38-1-4, in which bidding shall resume at the last highest bid given. In the event of a surplus of such sale, the mortgagors and noticed junior lienholders are hereby on notice that if such surplus is less than Two Thousand Five Hundred Dollars ($2,500.00), then the Substitute Trustee will disburse those proceeds to the most senior interest holder as it sees fit, unless an objection is made in writing.
The Trustees do not guarantee or represent that the boundaries described above are accurate, are not encroached upon, or that any particular structure located on the property is contained within the described boundaries. The property is therefore sold subject to an accurate survey at purchaser’s expense.
The Trustees reserve the right to adjourn the sale, for a time, or from time to time, by announcement at the time and place of sale described above or any adjournment thereof. Such adjournment will be noticed by posting a notice at the front door of the county courthouse or where such notices are traditionally posted at the county courthouse. Such notice will include the date and time when such sale will reconvene.
The Trustees reserve the right to reject any and all bids for any reason.
ASSESSOR`S PARCEL NO: 03 L2 0012 0001 0000
The Trustees make no representations as to the condition of the property. The property will be sold in “AS IS” condition.
The Trustees make no representations as to whether the property is occupied. The purchaser is responsible for gaining access and possession of the property. Trustees shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
The purchaser may assign its rights prior to the delivery of the trustee’s deed by a signed request in writing to the trustee; the assignee of the purchaser shall be bound by all terms and conditions applicable to the purchaser.
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 section 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: Purchaser must bring $13,000.00 cash in hand at the time of sale as a deposit in the form of a certified check or cashier’s check made payable to “Stern & Eisenberg, PC, counsel for Terra Abstract Trustee West Virginia, Inc.” Those appearing without their deposit will not be allowed to bid. The balance of the successful purchaser’s bid must be proffered in cash 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
Int. Oct 31, Nov 7, 2022