NOTICE OF TRUSTEE’S SALE
In execution of the deed of trust, dated July 2, 2018, from Gordene R. Bennett and Meridith F. Bennett, III to Jeffrey D. Noble, as trustee, of record in the Office of the Clerk of the County Commission of Summers County, West Virginia, in Book 291, at page 150, the undersigned trustee will offer for sale at public auction on August 29, 2024, at 10:00 a.m. at the Ballengee Street entrance to the Summers County Courthouse, Hinton, West Virginia, all those certain tracts or parcels of real estate located in Jumping Branch District, Summers County, West Virginia, and described as follows:
TRACT 1:
BEGINNING at a point set a 5/8 inch steel rebar and cap on the easterly right of way of West Virginia Secondary Route 44/19 as widened herein to 25’ east of the centerline of said Route 44/19; Thence with said right of way being 25’ east of said centerline the following several courses and distances: Thence N. 56°28’48” E. 89.30 feet; Thence N. 46°24’59” E. 23.99 feet; Thence N. 25°37’38” E. 69.10 feet; Thence N. 39°02’54” E. 36.25 feet; Thence N. 49°07’39” E. 51.84 feet; Thence N. 39°20’18” E. 98.30 feet; Thence N. 30°53’50” E. 147.77 feet; Thence N. 33°07’46” E. 108.19 feet; Thence N. 17°41’36’’ E. 45.00 feet to a point being a corner to Meredith Bennett and from which a point set a 5/8 inch steel rebar and cap bears N. 61°26’16” W. 10.18 feet; Thence leave said right of way and with said Bennett S. 61°26’16” E. 282.45 feet to a 14” white oak; Thence S. 73°47’50” E. 147.63 feet to a point set a 5/8 inch steel rebar and cap; Thence S. 86°38’05” E. 574.88 feet to a 6” ash on a ridge being a corner to the United States of America; Thence leave said Bennett and with said USA, S. 36°19’58” W. 324.97 feet to a point found a 5/8” steel rebar and USA cap; Thence S. 48°07’59” W. 580.35 feet to a point set a 5/8 inch steel rebar and cap, being a corner to Tract 1 of the Hinton Area Foundation Division; Thence leave said USA and through the survey, N. 65°37’01’’ W. 805.61 feet to the place of BEGINNING. Said tract of land contains 13.59 acres of land more or less as surveyed by Jeffery J. Chambers, PS in June of 2011 as shown on a map which is attached hereto and is asked to be taken and read as a part hereof.
IT IS HEREIN UNDERSTOOD that access to this parcel is along the westerly boundary, being West Virginia secondary Route 44/19 and that there are no other rights of way granted by this deed.
AND BEING the same property conveyed unto Meridith F. Bennett, Jr., and Gordene R. Bennett from Billy Joe Kessler, as Executor of the Estate of Elizabeth Roberts Bare a/k/a Elizabeth Ann Bare by deed dated August 3, 2011 of record in the Office of the Clerk of the County Commission of Summers County, West Virginia in Deed Book 239 at page 594.
TRACT 2:
BEGINNING at a sugar tree between the branch aud the public road; thence crossing the road and up the hill, S. 57 30’ E., 376.00 feet to a white oak; S. 71 E. 148 feet to a black oak; S. 85 E., 560 feet to a small black oak by the fence on top of ridge; thence with fence and top of ridge; N. 35 E, 38 feet to a black oak; N. 52 E., 72 feet to a locust; N. 65 E. 102 feet to a Spanish Oak; N. 67 E. 218 feet to a Spanish Oak; N. 65 E. 97 feet to a chestnut; N. 60 E. 45 feet to a locust; N. 42 E., 37 feet to another locust; N. 26 E. 92 feet to a black oak; N. 10 E. 120 feet to a hickory N. 37 W., 50 feet to a black oak supposed to be on patent line; with same N. 80 W., 1400 feet to a station by the public road; S. 10 W. 75 feet, S. 1 E. 156 feet, S. 6 W., 156 feet, S. 58 W., 175 feet to the BEGINNING, containing 18.2 acres, more or less.
THERE IS ALSO CONVEYED a 1992 Giles 58×14 S/N G17603.
AND BEING the same property conveyed unto Meridith F. Bennett, Jr. and Gordene R. Bennett from Laverne Dillon by deed dated February 28, 1998 of record in the Office of the Clerk of the County Commission of Summers County, West Virginia in Deed Book 193 at Page 381.
AND FURTHER BEING the same 2 parcels conveyed unto Gordene R. Bennett and Meridith F. Bennett, III from Gordene R. Bennett and Meridith F. Bennett, Jr., by deed to be recorded simultaneously herewith.
The deed of trust states that the address of this real estate is 1587 Surveyor Branch Road, Nimitz, West Virginia 25978.
J. Peter Richardson was appointed substitute trustee by the APPOINTMENT OF SUBSTITUTE TRUSTEE, dated July 2, 2024, of record in said Clerk’s Office in Book 319, at page 220.
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 matters of record, mechanics’ and materialmen’s liens, if any, whether of record or not of record, and unpaid real estate taxes, 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 a deed without any covenant or warranty, express or implied. 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: August 6, 2024.
J. Peter Richardson, as trustee
Post Office Box 1778
Bluefield, West Virginia 24701
(304) 327-7158
(14,21ag)
