TRUSTEES’ SALE OF
VALUABLE REAL ESTATE
211 Flat Top Road,
Cool Ridge, WV 25825
The undersigned Trustees, by virtue of the authority vested in them by that certain deed of trust dated July 24, 2003, and duly recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed of Trust Book 5010, at page 2147, Daniel A. Quesenberry did convey unto Richard A. Pill or David D. Pill, either of whom may act, Trustee, certain real property described in said deed of trust; and the beneficiary has elected to appoint Terra Abstract Trustee West Virginia, Inc. as substitute Trustees 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 Trustees, having been instructed by the secured party to foreclose thereunder, will offer for sale at public auction at the front door of the Raleigh County Courthouse, 215 Main Street, Beckley, West Virginia 25801 on:
October 9, 2018
at 11:03 a.m.
The surface of that certain tract or parcel of land situated on Phillips Branch, a tributary of Glade Creek in Shady Spring District, Raleigh County, West Virginia, and being more particularly bounded and described as follows:
Beginning at a point in Phillips Branch; thence N. 10.50′ E. 246 feet to an iron pin driven in the ground; N. 79.15′ W. 663 feet west to an iron pin in the east right of way line of Stat Highway No. 19-21; thence with said right of way line, S. 10.50′ W. 240 feet to Phillips Branch; thence down said branch as it meanders to the beginning, containing three (3) acres.There is excepted and reserved, the following three (3) out-conveyances, as follows, to wit: 1. That certain 1.759 acre tract, more or less conveyed to Ernest W. Epling and Martha L. Epling, his wife, recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Deed Book 757, at Page 415; and 2. That certain 0.61 acre tract, more or less, conveyed to Ernest W. Epling and Martha L. Epling, his wife, recorded in the aforesaid Clerk’s Office in Deed Book 541, at Page 334; and 3. That certain 0.144 acre tract, more or less, conveyed to Ernest W. Epling and Martha L. Epling, his wife, recorded in the aforesaid Clerk’s Office on Roll 82, at Page 1968.
This conveyance is further made subject to a ten (10) foot right of way for the purpose of ingress and egress as shown upon a map entitled “Map Showing a 0.61 Acre Tract to be conveyed from Bernice (Lilly) Epling, to: Ernest W. & Martha L. Epling- located at Cool Ridge, Shady Spring District, Raleigh County, West Virginia, Scale: 1″=30′ May 13, 1974 Surveyed & Drawn by: S.N. Hale, Ghent, W.VA. (L.L.S. – Reg. No. 261)”
And being the same property acquired by Daniel A. Quesenberry and Melinda S. Quesenberry, husband and wife, by Deed dated July 24, 2003, from Ernest Wayne Epling, Conservator of Bernice Ella Maynard, a Protected Person, to be recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, prior to or simultaneously herewith.
A copy of the notice of foreclosure shall be served on the Grantors by certified mail, return receipt requested at the following address: 128 Irish Mtn. Rd., Shady Spring WV 25918 or at such other address as may be given to lender in writing by Grantors subsequent to the execution and delivery of this deed of trust.
The aforesaid property is SUBJECT TO any and all easements, rights-of-way, conditions, covenants and restrictions of record or in existence.
The sale of the foregoing real property will be made subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real estate, subject to all matters disclosed by an examination and inspection of the property, subject to any and all unpaid taxes as recorded against said property, and to any further matters announced at said sale. The property is sold subject to an accurate survey at purchaser’s expense.
The sale of the foregoing real property will also be made expressly subject to any and all other deeds of trust, judgments, liens, and all other encumbrances of any nature whatsoever, if any, having priority over the deed of trust referred to herein.
The Trustees reserve the right to adjourn the sale, for a time, or from time to time, without further notice, by announcement at the time and place of sale describe above or any adjournment thereof. The Trustees reserve the right to reject any and all bids.
The subject property will be sold in “AS IS” condition. The Trustees shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. The Trustees will deliver a trustees’ deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by West Virginia Code 38-1-6. The Trustees make no representations and warranties about the title of the real estate to be conveyed. If the Trustees are unable to convey insurable or marketable title to purchaser for any reason, purchaser’s sole remedy is return of deposit.
TERMS OF SALE: $4,000.00 cash in hand at the time of sale in the form of a certified check or cashier’s check made payable to “Stern & Eisenberg Mid-Atlantic, PC, counsel for Terra Abstract” and the balance in cash closing within 30 days of the date of the sale. Purchaser shall pay for transfer stamps and recording fees. Additional terms of sale may be announced prior to the sale.
Terra Abstract Trustee
West Virginia, Inc.
55 Meridian Parkway, Suite 108
Martinsburg, WV 25404
(304) 757-7956, (443) 815-3931
www.sterneisenberg.com
8-18-TUE-2-RH; LG 141129
ID: 141129