NOTICE OF SALE
UNDER DEED OF TRUST
Notice is hereby given that, under authority of a certain deed of trust hereinafter described, the undersigned Substitute Trustee will, at the front door of the Randolph County Courthouse, in Elkins, West Virginia, on
May 3, 2023
11:00 a.m.
offer for sale certain property described in that certain deed of trust executed by CURLIE E. RAY, SR., to R. Mike Mullens, as Trustee, which deed of trust is dated the 28th day of October, 2008, and of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Trust Deed Book 449, at Page 163; and given to secure DAVIS TRUST COMPANY, the payment of a note therein described.
By Substitution of Trustee dated March 22, 2023, and of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Trust Deed Book 626, at Page 817, Jennifer L. Morgan was appointed Substitute Trustee.
The premises subject to the above described deed of trust, which premises will be sold at the above stated public auction are that certain real property located at 507 Curly Bend Road, Elkins, West Virginia, and more particularly described as follows:
All that certain tract or parcel of real estate, containing 0.58 acres, more or less, situate in Leadsville District, Randolph County, West Virginia, together with any and all appurtenant easements which may benefit same and being more particularly bounded and described as follows:
Commencing at a found iron pipe, the southeast corner of the Curlie Ray Sr., 86 acre tract recorded in Deed Book 379, at page 182 and located S 9 31 00 W 1597.36 feet from a found stump hole in a fence line (two chestnuts called for) and S 9 31 00 W 2431.82 feet from a found iron pipe on the northern right of way boundary of WV Route 25/3.
Thence, northerly, N 8 33 33 E 1145.78 feet to a set iron pin, the point of beginning of this survey;
Thence, thru the original tract, 4 lines:
S 65 54 30 W 267.14 feet to a set iron pin;
N 11 36 35 W 133.54 feet to a set iron pin;
N 82 32 30 E 282.94 feet to a set iron pin;
S 9 31 00 W 59.30 feet to the point of beginning, containing 0.58 acres, as surveyed in September, 2008, by Hannah Engineering.
TOGETHER WITH a 20-foot right of way from WV Route 25/3 (Evans Road) to access the property herein.
EXCEPTING AND RESERVING a 30-foot wide right of way thru the southwest part of the 0.58 tract, (partition tract), being more particularly bounded and described as follows:
Beginning at a point on the western property line of the partition tract, S 11 36 35 E 54.15 from a set iron pin, being the northwest corner of the partition tract;
Thence, thru the partition Tract, 2 lines;
S 56 48 10 E 41.36 feet to a point;
S 42 25 40 E 45.00 feet to a point on the southern property line of the partition tract.
And being part of the same real estate conveyed to Curlie E. Ray, Sr., by Curlie E. Ray, Jr., and Tanya R. Ray by deed dated July 28, 1995, and of record in the Office of the Clerk of the County Commission Randolph County, West Virginia, in Deed Book 441, at Page 353; and further being the same real estate conveyed to Curlie E. Ray, Sr., from Curlie E. Ray, Sr., by deed dated October 28, 2008, of record in the aforesaid Clerk’s Office in Deed Book 529 at page 396.
By deed dated August 30, 2017, of record in Deed Book 588 at page 694, Curlie E. Ray, Sr., conveyed the above-described real estate to his son, Daniel Christopher Ray, reserving a life estate in said real estate.
By deed dated August 30, 2021, of record in Deed Book 623 at page 214, Daniel Christopher Ray conveyed the above-described real estate to his daughter, Natasha Leann Hulver.
This conveyance is made subject to any and all reservations, restrictions, exceptions, rights-of-way and easements as set forth in prior instruments of record in the chain of title to said real estate.
The above described property will be sold subject to all reservations, restrictions, exceptions and conditions contained in all prior deeds conveying said real estate except those pertaining to race, color or creed, and subject to all unpaid levies and assessments including real estate taxes.
TERMS OF SALE: Cash in hand on day of sale, or ten percent (10% down), or approved line of credit with closing to occur within thirty (30) days. Purchaser accepts subject real estate “AS IS”.
The undersigned Substitute Trustee reserves the right to reject any and all bids received, and to continue said sale from time to time, upon announcement thereof given verbally, on day of sale and any continuance thereof.
Dated this 23rd day of March, 2023.
Jennifer L. Morgan, Substitute Trustee
4/29, 4/5