NOTICE OF TRUSTEE’S SALE
In execution of the deed of trust, dated January 2, 2004, from Randall L. Kirby and Sharon Y. Kirby to John Feuchtenberger and Thomas Lilly, as trustees, of record in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Trust Deed Book 995, at page 781, the undersigned trustee will offer for sale at public auction on July 2, 2018, at 10:00 a.m. at the North Walker Street entrance to the Mercer County Courthouse, Princeton, West Virginia:
PARCEL ONE:
all of that certain tract or parcel of real estate lying to the North and East of a 0.43 acre parcel now owned by the parties of the second part, said parcel shown on “PLAT OF SURVEY SHOWING REVISION OF THE RANDALL AND SHARON KIRBY PARCEL AS DESCRIBED IN DEED BOOK 743 AT PAGE 557 WHICH IS SITUATE NEAR BRUSHFORK IN BEAVER POND DISTRICT OF MERCER COUNTY, WEST VIRGINIA, SCALE: 1″ = 70′, DATE: 7/25/95, DANA PETTREY, LAND SURVEYOR, P.O. BOX 641, ATHENS, W.V 24712 (304) 384-7040,” said plat intended to be recorded herewith and made a part of this deed and being more particularly bounded and described as follows:
BEGINNING at an iron pin set on the east side of West Virginia Secondary Route 23 which marks a common corner of the Randall Kirby and Norman Flowers Parcels; thence N. 223 41′ E. 108.46 feet leaving said road and running through the Norman Flowers Parcel to a “V” cut on the west edge of a flat rock; thence N. 49 57′ E. 56.15 feet through the Norman Flowers Parcel to a steel post; thence S. 62 07′ E. 148.91 feet continuing through the Norman Flowers Parcel to an iron pin set on the north side of a road at the east corner of the Randall Kirby Parcel; thence N. 6230′ W. 149.0 feet with the northeast line of the Randall Kirby Parcel to an iron pin set; thence S. 32 34′ 38″ W. 159.74 feet with the north west line of the Randall Kirby Parcel to the BEGINNING and containing 0.03 acre, more or less.
AND BEING the same property conveyed unto the grantors by deed of Norman Earl Flowers dated the 1st day of August, 1995 and being recorded in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Deed Book 760 at page 712.
This conveyance is made expressly subject to all pertinent restrictions, reservations, and easements of record.
PARCEL TWO:
all that certain lot, tract or parcel of land situate, lying and being in the District of Beaver Pond, County of Mercer, and State of West Virginia, more particularly bounded and described as follows:
BEGINNING at a planted stone in the easterly right of way line of the State Road from Littlesburg to Brush Fork, the south corner of the tract of which this is a part; thence N. 32 50′ W., and with the east line of the State Road, 63 feet to a point; thence N. 332 34′ 38″ E., and leaving said road, 159.74 feet to a point; thence S. 62 30′ E. 149 feet to a point in an outer line of the parent tract; thence S. 57 10′ W. 219 feet to the place of beginning, containing 0.43 acre, more or less.
AND BEING the same property which was conveyed unto the grantors by Normal Earl Flowers and Christine V. Flowers, his wife, by deed dated the 30th day of March, 1994 filed for record in the aforesaid Clerk’s Office in Deed Book 743 at Page 557.
The deed of trust states that the address of this real estate is Route 1 Box 420C, Bluefield, West Virginia 24701.
J. Peter Richardson was appointed substitute trustee by the APPOINTMENT OF SUBSTITUTE TRUSTEE, dated May 29, 2018, of record in said Clerk’s Office in Trust Deed Book 1356, at page 158.
This sale will include all rights, easements, appurtenances, improvements and structures that are part of the real estate described above. This sale will be subject to all restrictions, rights-of-way, conditions, easements, and mechanics’ and materialmen’s liens, if any, whether of record or not of record, to the extent any of the foregoing apply and take priority over the lien of the deed of trust.
TERMS OF SALE: Cash in hand on day of sale. The conveyance of the real estate will be by special warranty deed. The real estate and any improvements thereon will be sold in “as is” condition without any warranties. The successful bidder will assume the risk of all loss or damage to the real estate and any improvements thereon after the sale, and be responsible for all costs of the conveyance including, but not limited to, any examination of title, preparation of the deed, excise tax and recording fees. Any announcements made at the sale, including postponement of the sale and withdrawal of the real estate from sale, will take priority over published notices.
Dated: June 8, 2018.
J. Peter Richardson, as trustee
Post Office Box 1778
Bluefield, West Virginia 24701
(304) 327-7158
ID: 99267