Legal 3 col x 9”
1228 0104
TRUSTEE’S SALE OF VALUABLE REAL ESTATE
The undersigned Substitute Trustee, by virtue of the authority vested in it by that certain Deed of Trust dated March 1, 2018, and duly recorded in the Office of the Clerk of the County Commission of Clay County, West Virginia, in Deed of Trust Book 142, at Page 254, Erica M. Davis and Jacob Grose did convey unto David G. Palmer, Trustee, certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Pill & Pill, PLLC as Substitute Trustee by a Substitution of Trustee recorded in the aforesaid Clerk’s Office; and default having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by the secured party to foreclose thereunder, will offer for sale at public auction at the front door of the Clay County Courthouse, in Clay, West Virginia, on
January 10, 2024, at 8:00 AM
The following described real estate, with its improvements, easements and appurtenances thereunto belonging, situate in the Henry District, Clay County, West Virginia, and more particularly described as follows:
All that certain lot or parcel of real estate, situate in Hanshaw Subdivision, on the waters of Hansford
Fork of Laurel Creek of the Elk River, in Henry District, Clay County, West Virginia, and being more
particularly described as follows:
BEGINNING at a point on the northwesterly side of State Route 36 and in the center of Secondary 36/7,
a corner to Lot 1, with State Route 36 for the next bearing and distance; South 48 degrees 47 minutes 05
seconds West, a distance of 17.50 feet to a point, a corner to Joey L. McCumbers, thence leaving said
road and with McCumbers; North 57 degrees 30 minutes 28 seconds West, a distance of 64.65 feet to a
1” iron rod found near the edge of the pavement of Secondary 36/7, thence; with a curve to the left,
having a delta angle of 18 degrees 01 minutes 16 seconds, a radius of 109.79 feet, and a chord of South
88 degrees 44 minutes 32 seconds West, a distance of 34.39 feet to a point near the edge of the pavement
of Secondary 37/6, thence; South 79 degrees 44 minutes 32 seconds West, a distance of 184.78 feet to
a point near the edge of the pavement of Secondary 36/7, thence; with a curve to the right, a delta angle
of 14 degrees 49 minutes 08 seconds, a radius of 336.00 feet, and a chord of South 87 degrees 09 minutes
02 seconds West, a distance of 86.66 feet to a 1” iron rod found near the edge of the pavement of Secondary
36/7, thence; South 17 degrees 23 minutes 38 seconds East, a distance of 24.42 feet to a point, thence;
North 68 degrees 12 minutes 58 seconds West, a distance of 292.08 feet to a 1” iron rod found a corner
to Justin Taylor and Lot 3, thence with Lot 3; North 18 degrees 33 minutes 16 seconds East, a distance of
13.68 feet to a point in the center of Secondary 36/7, thence with the center of said road for the next three
(3) bearings and distances and with Lot 3; Page 1 of 2, South 71 degrees 26 minutes 44 seconds East, a
distance of 54.54 feet to a point, thence; with a curve to the right, having a delta angle of 07 degrees
05 minutes 14 seconds, a radius of 500.00 feet, and a chord of South 67 degrees 54 minutes 07 seconds
East, a distance of 61.81 feet to a point, thence; South 64 degrees 21 minutes 30 seconds East, a distance
of 30.11 feet to a point, thence leaving the center of said road and continuing with Lot 3; North 51
degrees 16 minutes 17 seconds East, passing a 5/8 X 30” iron rod set with aluminum cap stamped
‘GILES LAND SURVEYING PS# 2040’ hereinafter called a ‘5/8” iron rod set’ at a distance of 25.96
feet, in all a distance of 277.87 feet to a 5/8” iron rod set, a corner to Lot 4 and Lot 1, thence with Lot
1; South 14 degrees 04 minutes 58 seconds East, passing a 5/8” iron rod set at a distance of 180.24 feet, in
all a distance of 200.79 feet to a point in the center of Secondary 36/7, thence with the center of
Secondary 36/7 for the next three (3) bearings and distances; North 79 degrees 44 minutes 32 seconds
East, a distance of 126.62 feet to a point, thence; with a curve to the right, having a delta angle of 52
degrees 00 minutes 44 seconds, a radius of 118.79 feet, and a chord of South 74 degrees 15 minutes 45
seconds East, a distance of 104.17 feet to a point, thence; South 48 degrees 15 minutes 00 seconds East,
a distance of 4.57 feet to the PLACE OF BEGINNING containing 0.88 acres, more or less and more fully
shown on a plat prepared by John M. Giles Land Surveying, attached to the Deed which is of record in
the Office of the Clerk of the County Commission of Clay County, West Virginia, in Deed Book 207, at
Page 117 and being made a part of this description.
FURTHER LOT 2 hereby conveyed is subject to and subservient to a 15 foot utility easement for the
use and benefit of Lots 5, 6 & 7 as same is shown on a plat of survey titled Hanshaw Subdivision
prepared by John M. Giles Land Surveying, dated 6 July 2010. Further, a predecessor in title has
RESERVED and EXCEPTED the right to emplace, construct and maintain all existing utility
easements and rights of way as may currently exist or that may reasonably be necessary to supply all 8
Lots in Hanshaw Subdivision with normal utilities-such as electric, water, telephone, gas line or sewage;
and with reasonable access for ingress and egress to what County Road is adjacent to said Lot.
BEING the same real estate as conveyed unto Erica M. Davis and Jacob Grose, by a Deed dated February
5, 2018 and to be recorded in the aforesaid Clerk’s Office immediately prior hereto.
At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of
6211 Frame Road Apt. B, Elkview, WV 25071.
AND BEING the same real estate which was conveyed to Erica M. Davis and Jacob Grose, by Deed dated February 5, 2018, from Jerry L. McCumbers and Carrie D. McCumbers, and recorded in the Office of the Clerk of the County Commission of Clay County, West Virginia, in Deed Book 221 , at Page 395.
The above-described property will be sold subject to any covenants, restrictions, easements, leases and conditions of record, and subject to any unpaid real estate taxes.
The subject property will be sold in “AS IS” condition. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
TERMS: Ten percent (10%) of the purchase price as a deposit with the balance due and payable within 30 days of the day of sale. Pill & Pill, PLLC, Substitute Trustee
Matthew R. Leonard, Authorized Signatory
P. O. Box 440, 85 Aikens Center, Martinsburg, WV 25404
Phone (304) 263-4971, Fax (304) 267-5840, e-mail: [email protected]