TRUSTEE'S SALE - 116 BARKER AVE SW WISE, VA 24293

TRUSTEE'S SALE

116 BARKER AVE SW 

WISE, VA 24293

     In execution of the Deed of Trust in the original principal amount of $219,942.00, dated June 29, 2022, and recorded as Instrument Number 202203042 in Wise County land records, the appointed Substitute Trustee will offer for sale at public auction at the front doors of the courthouse of the County of Wise, Main Street, Wise, Virginia 24293-1248 on November 04, 2026 at 2:45 PM, the property described in said deed of trust, located at the above address and more particularly described as follows: 

  ALL THOSE CERTAIN TRACTS, PIECES OR PARCELS OF LAND SITUATE, LYING AND BEING IN WISE COUNTY, VIRGINIA, AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO-WIT:

     TRACT ONE:

    ALL THAT CERTAIN LOT OR PARCEL OF LAND SITUATED IN THE WEST END OF THE TOWN OF WISE, WISE COUNTY, VIRGINIA, AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO-WIT:

    BEGINNING AT A STAKE DRIVEN BY THE TELEPHONE POLE IN FENCE LINE BETWEEN THE TACKETT MULLINS HOME PLACE AND C.B. JOHNSON; CORNER TO GLENN'S DRIVE IN; THENCE S. 66 41 W. 196.15 FEET ALONG SAID MULLINS FENCE TO A CORNER FENCE POST AT INTERSECTION; AND LEAVING SAID MULLINS LINE; THENCE N. 29 10 W. 59.45 FEET TO A STAKE DRIVEN AGAINST A CORNER FENCE POST; THENCE N. 60 06 E. 190.53 FEET TO A STAKE IN FIELD, A CORNER IN THE GLENN'S DRIVE INN LINE, IN TELEPHONE LINE; THENCE S. 32 23 E. 82.02 FEET TO THE BEGINNING.

     TRACT TWO:

    ALL THAT CERTAIN LOT OR PARCEL OF LAND SITUATED IN THE WEST END OF THE TOWN OF WISE, WISE COUNTY, VIRGINIA, ON THE SOUTH SIDE OF U.S. HIGHWAY NO. 23, AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO-WIT:

     BEGINNING AT A CORNER FENCE POST AT INTERSECTION OF FENCES, CORNER TO GLENN BARKER, MILBURN KILLEN AND RONNIE STURGILL, AND WITH THE SAID BARKER LINE AND LEAVING SAID KILLEN LINE AND SAID STURGILL LINE; THENCE N 66 41 E 197.10 FEET TO A STAKE DRIVEN BY A TELEPHONE POLE IN FENCE LINE; THENCE N 73.00 E. 14.76 FEET TO AN IRON PIPE SIX (6) INCHES HIGH AND ONE FOOT SOUTHEAST OF FENCE; THENCE S 25 16 E 105.01 FEET TO A STEEL TRUCK AXLE, A CORNER TO MILBURN KILLEN AND WITH THE SAID MILBURN KILLEN LINE AND LEAVING SAID BARKER LINE; THENCE N 29 26 W 90.37 FEET TO A POINT; THENCE S 67 07 W 197.28 FEET TO A STAKE; THENCE N 33 18 W 16.32 FEET TO THE BEGINNING.

    EXCEPTING AND RESERVING, NEVERTHELESS, FROM THE OPERATION OF THIS CONVEYANCE, ALL THE COAL AND OTHER MINERALS, TOGETHER WITH SUCH MINING RIGHTS AND PRIVILEGES AS MAY HAVE BEEN HERETOFORE SOLD AND CONVEYED OR EXCEPTED AND RESERVED BY PRIOR OWNERS.

     TRACT THREE:

    ALL THAT CERTAIN LOT OR PARCEL OF LAND SITUATED IN THE WEST END OF THE TOWN OF WISE, WISE COUNTY, VIRGINIA, ON THE SOUTH SIDE OF U.S. HIGHWAY NO. 23, AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO-WIT:

   BEGINNING AT A FLAT IRON ROD IN THE NORTHEASTERN RIGHT OF WAY LINE OF A 30-FOOT STREET, AN OLD CORNER TO THE MILBURN KILLEN LAND IN LINE OF JIM GRAHAM LAND; AND FOLLOWING SAID RIGHT OF WAY 30-FOOT STREET, THENCE S 22 41 E 103.64, FEET TO AN IRON PIN, AND LEAVING SAID 30-FOOT STREET AND LEAVING OUTSIDE LINE OF SAID KILLEN; THENCE N 58 19 E 106.50 FEET TO AN IRON PIPE SEVEN FEET NORTHWEST OF THE CENTER OF A DRIVEWAY TO KILLEN'S HOUSE; THENCE N 38 09 W 78.77 FEET TO AN IRON PIPE WITH WELDED PIECE ON TOP; THENCE N 63 55 E 10.37 FEET TO A TRUCK AXLE, AN OLD CORNER BETWEEN GLENN BARKER AND SAID KILLEN; AND WITH THE SAID MARKER LINE; THENCE N 35 42 W 16.64 FEET TO A STAKE IN FENCE INTERSECTION, A CORNER TO JIM GRAHAM LAND, AND WITH THE SAID GRAHAM LINE AND LEAVING THE SAID BARKER LINE; THENCE S 63 41 W 90.96 FEET TO THE BEGINNING AND CONTAINING 9,359.38 SQUARE FEET MORE OR LESS.

     EXCEPTING AND RESERVING, NEVERTHELESS, FROM THE OPERATION OF THIS CONVEYANCE, ALL THE COAL AND OTHER MINERALS, TOGETHER WITH SUCH MINING RIGHTS AND PRIVILEGES AS MAY HAVE BEEN HERETOFORE SOLD AND CONVEYED OR EXCEPTED AND RESERVED BY PRIOR OWNERS.

     TRACT FOUR:

    ALL THAT CERTAIN LOT OR PARCEL OF LAND SITUATED IN THE WEST END OF THE TOWN OF WISE, WISE COUNTY, VIRGINIA, ON THE SOUTH SIDE OF U.S. HIGHWAY NO. 23, AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO-WIT:

     BEGINNING, AT AN IRON PIPE SIX (6") INCHES HIGH AND ONE FOOT SOUTHEAST OF A FENCE; THENCE S 27 21 E. 105.01 FEET TO A CAR AXLE NINE (9") INCHES HIGH IN FIELD; THENCE N 56 41 E. 75.45 FEET TO A STAKE IN THE SOUTHWESTERN RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 23; THENCE N 27 21 W 94.94 FEET TO A STAKE IN THE SOUTHWESTERN RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 23 NEAR GLENN'S DRIVE-INN RESTAURANT; THENCE S 64 21 W 75.00 FEET TO THE BEGINNING AND, CONTAINING ONE HUNDRED SEVENTY-TWO ONE-THOUSANDTHS (172/1000) OF ONE ACRE BY D.M.D. CALCULATIONS. BEARINGS ARE REFERRED TO MAGNETIC MERIDIAN.

     EXCEPTING AND RESERVING, NEVERTHELESS, FROM THE OPERATION OF THIS CONVEYANCE, ALL THE COAL AND OTHER MINERALS, TOGETHER WITH SUCH MINING RIGHTS AND PRIVILEGES AS MAY HAVE BEEN HERETOFORE SOLD AND CONVEYED OR EXCEPTED AND RESERVED BY PRIOR OWNERS.

     SAID PROPERTY IS CONVEYED SUBJECT TO THE FOLLOWING RESTRICTIONS AND COVENANTS AS CONTAINED IN THAT CERTAIN DEED OF RECORD IN DEED BOOK 514, AT PAGE 626:

 (1) IT IS MUTUALLY COVENANTED BY THE PARTIES OF THE FIRST PART AND THE PARTY OF THE SECOND PART, THEIR HEIRS AND ASSIGNS, THAT NO BUILDING SHALL BE CONSTRUCTED ON SAID LOT, EXCEEDING TWELVE (12) FEET IN HEIGHT MEASURED FROM THE LEVEL OF THE EXISTING U.S. HIGHWAY NO.23 RUNNING IN FRONT OF SAID PROPERTY,

    (2) IT IS ALSO MUTUALLY COVENANTED BY THE PARTIES OF THE FIRST PART AND THE PARTY OF THE SECOND PART THAT IN THE EVENT THAT SAID LOT IS GRADED OR LEVELED THAT A RETAINING WALL SHALL IMMEDIATELY BE ERECTED BY THE PARTY OF THE SECOND PART ON THE LINE OR LINES OF THE LANDS OF THE PARTIES OF THE FIRST PART, OF SUFFICIENT HEIGHT AND THICKNESS TO ADEQUATELY SUPPORT THE SURFACE OF THE ADJOINING LANDS BELONGING TO SAID PARTIES OF THE FIRST PART.

  (3) IT IS MUTUALLY COVENANTED BY THE PARTIES OF THE FIRST PART AND THE PARTY OF THE SECOND PART THAT NO BUILDING WHICH MAY BE ERECTED ON SAID PROPERTY SHALL EVER BE USED FOR OR OPERATED AS A DANCE HALL.

   THE ABOVE COVENANTS SHALL RUN WITH THE LAND AND SHALL BE BINDING UPON ALL SUBSEQUENT OWNERS AND ENFORCEABLE BY THE PARTIES OF THE FIRST PART, THEIR HEIRS AND ASSIGNS.

     TRACT FIVE:

     ALL THAT CERTAIN TRACT, PIECE OR PARCEL OF LAND SITUATE, LYING AND BEING IN THE WEST END OF THE TOWN OF WISE, WISE COUNTY, VIRGINIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO-WIT:

    BEGINNING AT AN IRON PIN ON THE SOUTHERN LINE OF THE RIGHT-OF-WAY OF U.S. HIGHWAY, ROUTE NO. 23, THENCE WITH THE SOUTHERN LINE OF SAID HIGHWAY S 26 00 E 154 FEET TO A STAKE, A COMER TO A TRACT OF LAND NOW OWNED BY OLLIE V. MULLINS; THENCE LEAVING SAID HIGHWAY AND WITH A LINE OF THE SAID OLLIE V. MULLINS TRACT S 64 00 W 92 FEET TO A STAKE; THENCE LEAVING THE SAID MULLINS TRACT, AND PARALLELING SAID HIGHWAY N 26 00 W 165 FEET TO AN IRON PIN; THENCE IN A NORTHEASTERN DIRECTION 108 FEET TO THE BEGINNING.

    C.B. JOHNSON AND MALGIA JOHNSON EXPRESSLY EXCEPTED AND RESERVED UNTO THEMSELVES, THEIR HEIRS OR ASSIGNS BY OPERATION OF THAT CERTAIN DEED OF RECORD IN DEED BOOK 349, PAGE 90, A PERMANENT EASEMENT OR RIGHT-OF-WAY FOR THE MAINTENANCE AND REPAIR AND USE OF A WATER AND SEWER LINE, WHICH SHALL RUN OVER AND ACROSS THE TRACT OR PARCEL OF LAND HEREBY CONVEYED, ALONG AND WITH THE WATER AND SEWER LINE PRESENTLY LOCATED UPON SAID TRACT OR PARCEL OF LAND, RUNNING FROM U.S. HIGHWAY, ROUTE NO. 23, TO THE REMAINING PORTION OR PORTIONS OF SAID TRACTS OR PARCELS OF LAND CONVEYED UNTO C.B. JOHNSON AND MALGIA JOHNSON BY COSSIE BOGGS AND WIFE, AS AFORESAID, SAID RIGHT-OF-WAY OR EASEMENT TO BE FOUR FEET IN WIDTH WITH SAID EXISTING WATER AND SEWER LINES IN THE CENTER THEREOF.

    THERE IS ALSO HEREBY GRANTED AND CONVEYED UNTO THE SAID PARTIES OF THE SECOND PART, THEIR HEIRS OR ASSIGNS, THE RIGHT TO CONNECT AND TIE ON ANY BUILDINGS OR STRUCTURES WHICH MAY, IN THE FUTURE, BE ERECTED BY THEM UPON SAID TRACT OR PARCEL OF LAND HEREBY CONVEYED, TO SAID WATER AND SEWER LINES PRESENTLY EXISTING UPON SAID TRACT OR PARCEL OF LAND AND HEREBY RESERVED UNTO THEM.

     THIS PROPERTY IS SUBJECT TO THAT CERTAIN COVENANT, RUNNING WITH THE LAND, THAT THERE WILL BE NO BUILDING OR OTHER STRUCTURE ERECTED UPON THE TRACT OR PARCEL OF LAND HEREBY CONVEYED MORE THAN ONE STORY IN HEIGHT ABOVE THE GROUND LEVEL, BY OPERATION OF THAT CERTAIN DEED OF RECORD IN DEED BOOK 349, PAGE 90 IN THE AFORESAID CLERK'S OFFICE.

    BEING THE SAME PROPERTY CONVEYED TO LEE H. HOUSTON, III BY DEED DATED JULY 15, 2009 AND RECORDED IN THE WISE COUNTY CIRCUIT COURT CLERK'S OFFICE AS INSTRUMENT NUMBER 200902456.

    THERE IS EXCEPTED FROM THE AFORESAID PROPERTY THAT CERTAIN 0.53-ACRE PARCEL AS DESCRIBED IN THAT CERTAIN DEED DATED APRIL 17, 1972, FROM GLENN E. BARKER, ET ALS, TO BELLE ADAMS, WHICH DEED IS OF RECORD IN DEED BOOK 448, AT PAGE 610, IN THE AFORESAID CLERK'S OFFICE.

   THERE IS FURTHER EXCEPTED FROM THE AFORESAID PROPERTY THAT CERTAIN 0.2144-ACRE TRACT OF LAND, BY SURVEY, CONVEYED TO KYLE SCOTT AND GWENDOLIN SCOTT BY DEED OF RECORD IN THE AFORESAID CLERK'S OFFICE, BEING TRACT NO. 3 OF THE PROPERTY AS DESCRIBED IN A DEED TO GLENN BARKER AND RUTH G. BARKER AND RECORDED IN DEED BOOK 687, AT PAGE 441.

    THERE IS ALSO GRANTED TO THE GRANTEE THE USE OF ANY AND ALL EASEMENTS, RIGHT OF WAYS, ROADWAYS, WATER RIGHTS, PIPELINE RIGHTS, SEWER SYSTEMS INCLUDING ANY FIELD LINES ATTACHED THERETO, IN EXISTENCE AND WHICH LAWFULLY MAY BE USED BY GRANTORS, WHETHER BY EXPRESS GRANT, PRESCRIPTIVE USE OR OTHERWISE, AND WHICH ARE APPURTENANT TO AND PART OF THE USE AND ENJOYMENT OF THIS PARTICULAR TRACT OF LAND.

   THERE IS ALSO CONVEYED BY THIS INSTRUMENT ALL BUILDINGS, IMPROVEMENTS, FIXTURES, EASEMENTS AND APPLIANCES NOW OR HEREAFTER ATTACHED TO OR USED IN CONNECTION WITH THE PROPERTY HEREIN ATTACHED.

  THIS CONVEYANCE IS MADE SUBJECT TO ALL PRIOR RECORDED CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND CONVEYANCES AFFECTING THE PROPERTY HEREBY CONVEYED.

    The property and improvements will be sold in "as is" physical condition without warranty of any kind. 

    TERMS OF SALE:  A non-refundable bidder's deposit of 10% of the sale price or 10% of the original principal amount of the subject Deed of Trust, whichever is lower, by cashier's or certified check required at time of sale except for the party secured by the Deed of Trust. Risk of loss on purchaser from date and time of auction. Balance of the purchase price must be paid by cashier's check within 15 days from sale date. Except for Virginia Grantor tax, all settlement costs and expenses are purchaser's responsibility.  Taxes are pro-rated to the date of sale.  Purchaser is responsible for obtaining possession of the property.  If purchaser defaults, deposit may be forfeited and property resold at the risk and cost of the defaulting purchaser who shall be liable for any deficiency in the purchase price and all costs, expenses and attorney’s fees of both sales.  If Trustee does not convey title for any reason, purchaser's sole remedy is return of deposit without interest. This sale is subject to post-sale audit of the status of the loan secured by the Deed of Trust including but not limited to determining whether prior to sale a bankruptcy was filed, a forbearance, repayment or other agreement was entered into or the loan was reinstated or paid off; in any such event this sale shall be null and void and purchaser’s sole remedy shall be return of deposit without interest.  This communication is from a debt collector and is an attempt to collect a debt and any information obtained will be used for that purpose.

SUBSTITUTE TRUSTEE: 

RAS Trustee Services, LLC 101 North Lynnhaven Road Suite 104

 Virginia Beach, Virginia 23452

FOR INFORMATION 

CONTACT:

RAS Trustee Services, LLC Substitute Trustee

c/o Robertson, Anschutz, Schneid, Crane & 

Partners, PLLC

11350 McCormick Road

Executive Plaza I, Suite 302

Hunt Valley, Maryland 21031

(844) 442-2150

(470) 321- 7112

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