Cabell

The Herald-Dispatch of Huntington Legal Advertisements for Aug. 7, 2105

NOTICE OF TRUSTEE’S SALE Notice is hereby given that by virtue of authority vested in the undersigned Trustee by that certain deed of trust executed by Rosaria Grigoraci Gonzales, to K. E. McGinnis and J. Maurice Clark, Trustees, either of whom has full power and authority to act, dated the 11th day of April, 2013, and recorded in the office of the Clerk of the County Commission of Cabell County, West Virginia, in Trust Deed Book No. 2481, at page 11, by which was conveyed to the said Trustees the hereinafter described real estate, to secure the payment of a certain note set out and described therein, and default having been made in the payment of said note, and the said J. Maurice Clark, Trustee, having been requested so to do by the owner and holder of said note, shall sell to the highest and best bidder, on WEDNESDAY, THE 26TH DAY OF AUGUST, 2015 at 10:00 o’clock A.M., at the front door of the Court House of Cabell County, West Virginia, the following described real estate: All those certain lots, pieces or parcels of land situate in Grant District, Cabell County, West Virginia, and being more particularly described as follows: FIRST (1) and SECOND (2) PARCELS: All those certain pieces, parcels or lots of real estate, situated in what is known as the R. H. Stewart Addition, Number Two (2) to the Town of Milton, in Grant District, Cabell County, West Virginia, described as follows, to-wit: LOTS NUMBERS ELEVEN (11) and TWELVE (12) in said Stewart Addition No. 2, as shown on the map thereof by Oliver and Maupin, Engineers, , as recorded in the Clerk’s Office of the Cabell County Commission, West Virginia, in Deed Book No. 196, at Page 51. THIRD PARCEL: BEGINNING at a stake at the southwest corner of the land conveyed to Stephen Patterson by Enoch Tackett and wife and running west with the Williams line 178 feet more or less to a stake in the line Glenn Perry; thence north with the Glenn Perry line 62 more or less feet to an alley; thence East with said Alley 162 more or less feet to the Northwest corner of the said Stephen Patterson lot; thence South with the Stephen Patterson line to the place of BEGINNING, containing about l/5 acre more or less. TERMS OF SALE: Cash in hand on day of sale, and subject to any and all unpaid taxes. Given under my hand this 5th day of August, 2015. J. Maurice Clark, Trustee LH-34805 8-7,14; 2015

LEGAL NOTICE COMMISSIONER’S NOTICE OF COMPLETION OF A REPORT IN THE MATTER OF THE SETTLEMENT OF THE ACCOUNTS OF: Waiver of Final Settlement of Gregory L. Howard, Jr. for the Estates of: Max L. Cooper, Julia R. Hampton and Elizabeth M. Long Notice is hereby given that the undersigned Fiduciary Commissioner of the County Commission of Cabell County, West Virginia, has completed his reports in the above-captioned matter(s). You are further notified that such reports will be retained by the said Commissioner at his office until September 4, 2015, to permit examination by interested parties and the filing of exceptions hereto, after which time, said Reports will be filed with the Clerk of the Cabell County Commission. Dated this 5th day of August, 2015. GREGORY L. HOWARD, JR. Fiduciary Commissioner County of Cabell State of West Virginia LH-34795 8-7,14; 2015

ORDER OF PUBLICATION FAMILY COURT OF CABELL COUNTY, WEST VIRGINIA Civil Action No. 15-D-682 IN RE THE MARRIAGE OF: TERRIE ANN BLAKE, PETITIONER, and DANIEL HALL, RESPONDENT. THE OBJECT OF THIS SUIT IS TO OBTAIN A DIVORCE. To the Above Named Respondent: It appearing by affidavit filed in this action that Daniel Hall is a non-resident of the State of West Virginia, it is hereby ordered that Daniel Hall serve upon Terrie Blake Hall whose address is One O’Hanlon Place, Barboursville, West Virginia, an Answer, including any related counterclaim or defense you may have to the Petition for Divorce filed in this action on or before August 28, 2015. If you fail to do so, thereafter judgment, upon proper hearing and trial, may be taken against you for the relief demanded in the Petition. A copy of said Petition can be obtained from the undersigned Clerk at his office. Entered by the Clerk of said Court July 29, 2015. JEFFREY E. HOOD Clerk of Court LH-34598 7-31; 8-7; 2015

NOTICE OF SUBSTITUTE TRUSTEE’S SALE OF 463 KANE STREET MILTON, WEST VIRGINIA Notice is hereby given that default having occurred in the payment of a certain indebtedness secured by a Deed of Trust dated April 27, 2012, between William E. Ball, as borrower, and J.R. Wilson, as Trustee, recorded in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Trust Deed Book 2429, page 115, and the beneficiary having substituted Alexander J. Ross, as Substitute Trustee, to act in the enforcement of said Deed of Trust in person and the undersigned Substitute Trustee having been requested by the beneficial owner of said indebtedness to enforce said Deed of Trust, will sell at a public auction to the highest bidder, the following hereafter described real estate on: FRIDAY, AUGUST 28, 2015 AT 1:00 P.M. IN FRONT OF THE CABELL COUNTY COURTHOUSE HUNTINGTON, WEST VIRGINIA All that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in Milton Tax District, Cabell County, West Virginia, Situate on the South Side of Mason Street, Town of Milton, Cabell County, West Virginia, known as Lot Number Eleven (11), really east of and adjoining Lot No. 112, and not appearing in the map, bounded and described as follows: BEGINNING at the southwest corner of the Essie Davis Lot in the east line of Kane Street (mentioned in former deed as a twelve foot alley owned by S. J. Kane), thence with the Essie Davis south line east 60 feet to a stake; thence north with the Essie Davis east line 50 feet to a concrete marker set in the ground; thence west running a parallel with the Essie Davis south line 60 feet to another concrete marker set in the ground in the east line of said Kane Street; thence south with the east line of said Kane Street 50 feet to the place of BEGINNING, and containing three thousand (3,000) square feet, and being a parcel of land fronting on said Kane Street 50 and extending back east 60 feet; And being the same property conveyed unto William E. Ball, (now deceased) and Barbara J. Ball (now deceased) by deed dated August 5, 1988, executed by William E. Ball and Barbara J. Ball, his wife, Dallas Timothy Ball, unmarried, and Eva Ball, widow, being all of the heirs-at-law of Louis W. Ball, and of record in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Deed Book 900, page 491. Said Barbara J. Ball died July 30, 2006. Said William E. Ball died January 19, 2013. They were survived by Tamara L. Davidson, their daughter, and by Gregory A. Ball and Michael Ball, their sons, as their sole and only legal heirs at law. Property is sold subject to trust deeds, encumbrances, restrictions and easements of records if any. The property is sold subject to an accurate survey at purchaser’s expense. FEDERAL TAX LIEN: In the event that there are Federal Tax Liens against the property, United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer. TERMS OF SALE: A deposit of $1,500.00 at sale made payable to Alexander J. Ross, Trustee, the balance in cash or by certified check at closing. Conveyance will be by Special Warranty Deed subject to all easements, covenants, rights-of-way, conditions and restrictions of record. The property is sold in “as is” condition. The beneficial owner of the Deed of Trust does not make any representations or warranties as to the physical condition of the property. Any and all legal procedural requirements to obtain physical possession of the premises after the closing are the responsibility of the purchaser. Risk of loss or damage will be purchasers from and after the foreclosure sale. All taxes and utility charges will be the responsibility of the purchaser. All settlement fees, costs of conveyance, examination of title, recording charges, and transfer taxes are at the expense of the purchaser. The purchaser will be required to complete settlement within 30 days of the date of sale, failing which the deposit made will be forfeited and the property resold at the risk and expense of purchaser. Trustee makes no representations regarding state of title. If Trustee cannot convey insurable or marketable title, purchaser’s sole remedy is a return of the deposit. The Trustee reserves the right to continue sale of the subject property from time to time by oral proclamation, which continuation shall be in the sole discretion of the Trustee. Alexander J. Ross, TRUSTEE LH-34537 7-31; 8-7; 2015

TRUSTEE’S SALE OF VALUABLE REAL ESTATE The undersigned Substitute Trustee, by virtue of the authority vested in him by that certain Deed of Trust, dated April 9, 2009, and duly recorded in the Office of the Clerk of the County Commission of Wayne County, West Virginia, in Document No. 3130 03201, in Book No. 683, at Page 803, Maxine M. Jeffrey and Stephen E. Jeffrey did convey unto Dru A. Shope, Trustee(s), certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Seneca Trustees, Inc., as Substitute Trustee by a Substitution of Trustee dated July 31, 2015 and 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 Flagstar Bank, FSB to foreclose thereunder, will offer for sale at public auction at the front door of the Wayne County Courthouse in Wayne, West Virginia, on September 8, 2015 at 12:15 PM the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in Kenova District, Wayne County, West Virginia, and more particularly described as follows: All those certain lots, pieces or parcels of land situate in the State of West Virginia, Wayne County, City of Kenova, being a part of Lot Number Nine (9), and all of Lot Numbers Ten (10), and Eleven (11) and a part of Lot Number Twelve (12), in Block Two Hundred Eight (208), as shown on that certain Plat No. 5 of Kenova, recorded in Map Book 1, Page 36, in the Office of the Clerk of the County Commission of Wayne County, West Virginia, and being more particularly bounded and described as follows: Beginning at a “T’ rail (found) in the southerly right of way line of Sycamore Street, marking a corner to the lands now or formerly owned by Ralph D. Kiser, et ux (D. B. 559 Pg. 17), and the lands now owned by the Huntington-West Virginia Area Habitat for Humanity, Inc. (D. B. 581, Pg. 385); thence, leaving the southerly right of way line of the said Street, and with the lands of the said Kiser, et ux, as follows: South 21 40′ 30” West 100.12 feet to a “T” rail (found); thence, South 6 16′ 17″ East 25.14 feet to a “T” rail (found) in the line between Lots Nos. 8 and 9; thence, leaving the lands of the said Kiser, et ux, and with the line between Lots Nos. 8 and 9, South 2 36′ 07″ West 39.92 feet to a 4″ concrete monument with an aluminum cap (recovered) in the northerly right of way line of a 20 foot alley; thence, leaving the line of the said Lot No. 8, and with the northerly right of way line of the said 20 foot alley, North 68 22′ 13″ West 75.10 fee to a 5/8″ x 32″ rebar with a yellow plastic cap (set); thence, leaving the northerly right of way line of the said 20 foot alley, and severing the lands of the said Habitat for Humanity, Inc., North 21 35′ 55″ East 140.04 feet to a 5/8″ x 32″ rebar with a yellow plastic cap (set) in the southerly right of way line of the said Street; thence with the southerly right of way line of the said Street, South 68 25′ 10″ East 50.09 feet to the BEGINNING, containing 0.184 acre (8,008 Square Feet), more or less, as surveyed by Ronald L. Eastham, Registered West Virginia Professional Land Surveyor No. 150, on July 2, 2001, as shown on map attached to Deed Book 619, at Page 886 And being subject to all restrictions, reservations, rights-of-ways, easements, utilities, covenants, exceptions, conveyances, leases and exclusions previously imposed and appearing of record. LSOT: Deed Book 659, Page 612, dated July 28, 2008, Office of the Clerk of the County Commission of Wayne County, West Virginia. At the time of the execution of the Deed of Trust, this property was reported to have an address of: 2018 Sycamore Street, Kenova, WV 25530-1643. The referenced real estate will be conveyed with no covenants of warranty, and subject to all covenants, restrictions, easements, rights of way and reservations which may be a matter of record in the aforesaid Clerk’s Office or visible upon the ground, all prior liens and encumbrances, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges. The purchasers at the sale shall be responsible for paying the recording costs and also the tax on the privilege of transferring real property (the cost of the tax stamp to be affixed to the deed). The purchasers shall be responsible for payment of all 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: $7,000.00 in cash and/or certified funds as deposit with the balance due and payable within 30 days of the day of sale. FEDERAL TAX LIEN: In the event that there are Federal Tax Liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer. Pursuant to the Deed of Trust, the Trustee may postpone the sale by public announcement at the time and place designated or by posting a notice of the same, and act by agent in the execution of the sale. The parties secured by the Deed of Trust reserve the right to purchase the property at such sale. SENECA TRUSTEES, INC. 5000 Coombs Farm Drive, Suite 104 Morgantown, WV 26508 (304) 413-0044 (304) 292-2918 Toll free: (888) 534-3132 Reference File No. 27872 LH-34798 8-7,14; 2015

NOTICE The Wayne County Solid Waste Authority will hold a hearing on the required update of the Wayne County Solid Waste Authority’s Commercial Solid Waste Facility Siting Plan and the second of two public hearings concerning the five-year update of the Wayne County Solid Waste Authority’s Comprehensive Litter and Solid Waste Control Plan. The hearings will take place at the Wayne County Solid Waste Authority’s office, located at 322 Bluefield Street, Wayne, WV, on the 11th day of September, 2015 at 1:00 p.m. during which time public comments will be heard. The plans may be reviewed at the Wayne County Public Library, 325 Keyser St., Wayne, WV, the Fort Gay Public Library, 8700 Vancouver St, Fort Gay, WV, the Ceredo-Kenova Public Library, 1200 Oak Street, Kenova, WV, the Wayne County Clerk’s office, 700 Hendrick’s Street, Wayne, WV, and the Region II Planning and Development office, 400 Third Ave., Huntington, WV. Written comments will be accepted until the 21st day of September, 2015 and may be sent to the Wayne County Solid Waste Authority, at 322 Bluefield Street, Wayne, WV 25570. LH-34738 8-7; 2015

ORDER OF PUBLICATION IN THE FAMILY COURT OF CABELL COUNTY, WEST VIRGINIA Civil Action No. 15-FIG-47 IN RE GUARDIANSHIP: ANDRE & MARSHA JOHNSON, PETITIONER, and MIRANDA JOHNSON, RESPONDENT. THE OBJECT OF THIS SUIT IS TO OBTAIN GUARDIANSHIP OF A MINOR. To the Above Named Respondent: It appearing by affidavit filed in this actin that Miranda Johnson is a non-resident of the State of West Virginia, it is hereby ordered that Miranda Johnson serve upon Andre & Marsha Johnson whose address is RR1, Box 308, Salt Rock, West Virginia, an Answer, including any related counterclaim or defense you may have to the Petition filed in this action on or before August 31, 2015. If you fail to do so, thereafter judgment, upon proper hearing and trial, may be taken against you for the relief demanded in the Petition. A copy of said Petition can be obtained from the undersigned Clerk at his office. Entered by the Clerk of said Court July 30, 2015. JEFFREY E. HOOD Clerk of Cabell County LH-34566 7-31; 8-7; 2015