legal 3 col x 11-1/4”
0706 0713
NOTICE OF TRUSTEE’S SALE
Notice is hereby given that Wayne King, Attorney, residing in Clay County, West Virginia, as Successor Trustee, in accordance with the terms and provisions of that certain Deed of Trust signed and acknowledged on the 1st day of September, 2020 by Musa Rafiq Branham, borrower recorded in the Office of the Clerk of the County Commission of Clay County, West Virginia, in Trust Deed Book 147, at page 735, said Deed of Trust executed securing a promissory note payable to James McArthur Jones, lender will offer for public sale the property described therein and hereinafter, said sale ordered by the secured party therein as a result of default by the said Musa Rafiq Branham, the borrower.
The property to be offered for public sale is those certain tracts or parcels of land, together with the improvements thereon and appurtenances thereunto belonging, situate, lying and being in UNION DISTRICT, Clay County, West Virginia, described as follows:
Please See Exhibit “A” attached to this Notice of Sale and made a part hereof for description of
property/properties offered for sale and the property currently has an address of Near Mouth Porter
North of Route 2, Clendenin, WV 25045
Being the property, subject to any out-conveyances of record in said Clerk’s Office, described in that certain Deed of Trust of record in said Clerk’s Office in Trust Deed Book 147, at page 735, and also described in a deed of record in said Clerk’s Office in Deed Book 228, at page 807.
This sale and conveyance to purchaser is made subject to all reservations, exceptions, out-conveyances and other easements and rights of way of record in said Clerk’s Office.
This real estate will be offered for public sale to the highest bidder at public auction on the 18th day of July, 2023, at 10:00 a.m. at the front door of the Clay County Courthouse, Main Street, Clay, West Virginia 25043.
The sale may be cancelled or continued at the option of the Trustee.
TERMS OF SALE: CASH (MINIMUM OF 10% SALE PRICE on date of sale, balance within ten (10) days or upon delivery of the deed).
Title will be conveyed by Trustees Deed upon payment of balance of purchase price.
Dated this the 19th day of June, 2023.
Wayne King, Successor Trustee
Exhibit “A”
All that certain lot, tract or parcel of real estate, together with any building or improvements thereon, rights and rights of way incidental thereto, and appurtenances thereunto belonging, situate on the south side of Elk River, at the mouth of Porter’s Creek, in Union District, Clay County, West Virginia, more particularly bounded and described as follows:
BEGINNING at the mouth of Porter’s Creek, on the south side of Elk River: thence up said river and binding thereon, N. 6 E. 100 poles to a stake; thence N. 29 E. 16 poles to a stake; thence N. 48 E. 26 poles to a stake; thence leaving the river, S. 86-1/2 E. 108 poles to a large chestnut on top of a ridge; thence S. 51 E. 75 poles to a small hickory and some other brush marked as pointers; thence S. 10 W. 24 poles to a stake on a bench on a hill side; thence S. 40 1/2 W. 33 poles to a poplar in a branch; thence S. 28 W. 50 poles to a chestnut oak on a rock cleft; thence S. 56 W. 40 poles to a chestnut oak on a rock cleft; thence S. 56 W. 40 poles to a corner of a survey of land by Pease; thence with the Pease line, N. 78 W. 76 poles to a stake on the south side of Porter’s Creek; thence N. 61 W. 24 poles to a large beech near a coal bank; thence N. 75 W. 32 poles to the mouth of Porter’s Creek, the place of beginning, containing 154 acres, more or less.
There is excepted and reserved from the above-described real estate, and not conveyed hereby, the following out-conveyances of record, to wit:
1. A tract of land containing 1.77 acres (Lot #7), with right-of-way or easement, as conveyed by Michael A. Fry, single and Michael L. McCoy and Amy L. McCoy, his wife, to William Grimpe and Joanna Grimpe, his wife, by deed dated June 2, 2006, of record in the aforesaid Clerk’s Office in Deed Book 198 at Page 348.
2. A tract of land containing 1.88 acres (Lot #6), with right-of-way or easement, as conveyed by Michael A. Fry, single and Michael L. McCoy and Amy L. McCoy, his wife, to William Crimpe and Joanna Grimpe, his wife, by deed dated June 2, 2006, of record in the aforesaid Clerk’s Office in Deed Book 198 at Page 343.
3. A tract of land containing 1.40 acres (Lot #8), with right-of-way or easement, as conveyed by Michael A. Fry, single and Michael L. McCoy and Amy L. McCoy, his wife, to Craig Hollandsworth and Tammy Hollandsworth, his wife, by deed dated July 5, 2006, of record in the aforesaid Clerk’s Office in Deed Book 198 at Page 462.
4. A tract of land containing 1.38 acres (Lot #3), with right-of-way or easement, as conveyed by Michael A. Fry, single and Michael L. McCoy and Amy L. McCoy, his wife, to Ronald Houck and Tania Houck, his wife, by deed dated February 12, 2007, of record in the aforesaid Clerks Office in Deed Book 199 at Page 931.
5. A tract of land containing 1.90 acres (Lot #5), with right-of-way or easement, as conveyed by Michael A. Fry, single and Michael L. McCoy and Amy L. McCoy, his wife, to Joseph Collins and Marie Collins, his wife, by deed dated October 12, 2007, of record in the aforesaid Clerk’s Office in Deed Book 201 at Page 212.
6. A tract of land containing 1.92 acres (Lot #4), With right-of-way or easement, as conveyed by Michael A. Fry, single and Michael L. McCoy and Amy L. McCoy, his wife, to Delores Hughes, widow, by deed dated November 15, 2007, of record in the aforesaid Clerk’s Office in Deed Book 201 at Page 481.
It is understood and agreed by and between the parties that the residue of the above-described tract parcel of real estate originally containing 154 acres, more or less, includes Lot 2, containing 0.86 acres, more or less, and Lot 1, containing 0.34 acres, more or less, as shown and depicted on the plat attached hereto and made a part hereof.
And, for the consideration aforesaid, the Grantors do hereby further grant unto the Grantee, his heirs, successors and assigns, the non-exclusive right to use, jointly all who have or may hereafter be granted alike right, that certain access road indicated in purple and further designated as “Access Road” on the print [map/plat] of record in the Clay County Clerk’s Office in Deed Book 100 at page 262, reference to which is here made and had for a more particular description thereof. Said right is granted for the purpose of providing Grantee, Grantee’s heirs, successors and assigns, with a means of ingress and egress, and is partially shown on the plat attached hereto and is identified as “ACCESS ROAD AS SHOWN ON MAP D.B. 100 Pg. 262 TO SECONDARY 2.”
The Grantors grant and convey unto the said Grantee, his heirs, successors and assigns the non-exclusive right to use in common with the others who have or may hereafter be granted a like right, that certain 20’ right of way along the eastern boundary line of the aforesaid Lots 1 & 2, being part of the property herein conveyed, which is the common boundary with the Elk River Railroad, Inc., all as more particularly shown and depicted on the plat which is attached hereto and made a part hereof.
The Grantors further grant and convey unto the said his heirs, successors and assigns, all their right, title and interest in and to that certain Right-of-Way and Easement Agreement, dated February 20, 2007, by and between Randall Krise, et ux, and Michael Fry & Michael McCoy, Grantors herein, and all the rights, privileges, right-of-way, easement and use of roadway, as more specifically therein contained, which Right-of-Way and Easement is recorded in the aforesaid Clerk’s Office in Deed Book 200 at page 28, and which is incorporated herein by reference for a more particular disclosure of its terms and conditions.
This conveyance is further made subject to that certain Boundary Line Collection Agreement, dated December 20, 2007, by and between Michael A. Fry and Michael McCoy, first parties, and Homer S. Carmean, III, and Regina A. Carmean, husband and wife, second parties, which Boundary Line Correction Agreement is to be recorded in the Clay County Clerk’s Office simultaneously herewith.
Being the same real estate conveyed to James McArthur Jones from Michael A. Fly, Michael L. McCoy, and Amy L. McCoy, by Deed dated December 11, 2007, and recorded in the Office of the Clerk of the County Commission, Clay County, West Virginia in Deed Book 201, Page 851.