NOTICE IS HEREBY GIVEN that pursuant to the authority under that certain Deed of Trust and Fixture Filing dated November 8, 2024, from Alvis Properties, LLC to Matthew P. Kingery and Mark A. Sadd, Trustees, securing Jones Properties WV, L.L.C. in the amount of Four Hundred Fifty Thousand Dollars ($450,000.00), of record in the Office of the Clerk of the County Commission of Mercer County, West Virginia in Trust Book 1481, at page 349 ("Deed of Trust");
Under the authority vested in the undersigned Trustee, Matthew P. Kingery, default having occurred under the terms of the Deed of Trust, and Secured Party, as the beneficiary under the Deed of Trust, as amended, having directed the Trustee in writing to commence sale proceedings thereunder, the Trustee will offer for sale at public auction to the highest bidder at the front door of the Courthouse of Mercer County, located at 1501 E. Main Street, in the City of Princeton, West Virginia, on
JULY 17, 2026, at 2:00 P.M.
All of the following described real estate, together with the improvements thereon and the appurtenances thereunto belonging, to-wit: situate in the East River District of Mercer County, West Virginia, and more particularly bounded and described as follows:
BEGINNING at a capped rebar (set) in the southern right-of-way line Hilltop Drive, said rebar being the northeast comer Parcel 12 and the northwest corner Parcel 13 and the herein described tract; thence along said right-of-way for the next two calls: N 82° 36' 11" E 266.96 ft. to a capped rebar (set); with a curve to the right chord bearing S 80° 26" 19" E, radius 510.00 ft., chord length 273.33 ft., arc length 276.71 ft. to a capped rebar (found); thence leaving said right-of-way and along the western line Parcel 15.1 for the next two calls: S 30° 11' 58" W passing a rebar (set) on line at 115.35 ft. and continuing for a total distance of 213.00 ft. to a capped rebar (set); S 01° 34' 05" W passing a rebar (set) on line at 131.49 ft. and continuing for a total distance of 579.87 ft. to a masonry nail in rock (found); thence along the western line Parcel 23 for the next two calls: S 31° 13' 56" W 154.70 ft. to a rebar (found); Spd 51° 47' 52" W 365.21 ft. to a fence post (found); thence along the eastern line Parcel 11.1 for the next three calls: N 10°42' 21" E 399.82 ft. to a rebar (found); N 00° 16' 07" W 200.39 ft. to a capped rebar (set); thence along the eastern line Parcel 12 for the next two calls: N 12° 03' 13" W 218.67 ft. to a rebar (found); N 12° 24' 53" W passing a rebar (set) on line at 120.69 ft. and continuing for a total distance of 333.62 ft. to the point of BEGINNING and containing 8.09 acres more or less. The above described tract shown on map entitled "Map Showing Parcel 13, 14 & 15 Tax Map 25 Hill Top Drive East River Dist., Mercer Co., WV" by Appalachian Engineering & Surveying, Inc. Dated 10/11/18, a copy of which is attached hereto and recorded herewith.
Being a tract of land conveyed to Jones Properties WV, LLC by New Peoples Bank, Inc. On the 2nd day of November, 2011 and recorded in the office of the County Clerk of Mercer Co., WV in deed book 969 page 326.
TERMS OF SALE
The Trustee will offer the Property for sale upon the following terms and conditions:
1.The purchaser shall pay the amount of the successful bid to the Trustee in cash or cash equivalent in hand on the day of the sale.
2.The sale shall be made subject to any and all unpaid assessments and taxes against the Property and any and all prior liens and encumbrances against the Property of any type whatsoever.
3.The purchaser shall pay the excise transfer tax imposed by W. Va. Code § 11-22-2.
4.The Trustee reserves the right to adjourn the sale for a time or from time-to-time without further notice by verbal announcement made at the time and place of the sale as set forth above or at any subsequent adjournment date.
5.The Trustee will have no duty to cause any tenant or other person occupying the Property to vacate. The purchaser of the Property assumes sole responsibility for removal of any tenants or occupants of the Property.
6.The Property will be sold in "as is, where is" condition. The Trustee makes no representations or warranties about the physical condition of the Property, the habitability of the Property, or the fitness of the Property for any particular purpose.
7.The Trustee makes no representations or warranties regarding the title to the Property. The Trustee will deliver a trustee's deed to the purchaser in the form prescribed by W. Va. Code § 38-1-6, and the trustee's deed will not contain any warranty of title.
8.If the Property is subject to any liens for unpaid Federal taxes, the United States will have the right to redeem the Property from the purchaser within a period of 120 days from and after the date of the sale or the period allowed for redemption under state law, whichever is longer.
9.If the sale of the Property is subject to reporting under rules promulgated by the United States Financial Crimes Enforcement Network ("FinCEN"), the purchaser of the Property shall authorize Trustee to report the sale of the Property to FinCEN if, in Trustee's sole judgment, the sale of the Property constitutes a reportable transaction.
10.The Lender reserves the right to purchase the Property at the sale.
Any questions regarding the Property or the terms of sale should be directed to the Trustee at telephone number (304) 345-2000, or by email to [email protected].
Given under my hand this 17th day of June, 2026.
/s/ Matthew P. Kingery,
Matthew P. Kingery, Trustee
Lewis Gianola PLLC
300 Summers Street, Suite 700
Charleston, West Virginia 25301
