Legal Notices

NOTICE OF TRUSTEE’S SALE NOTICE IS HEREBY GIVEN that by virtue of a deed of trust dated July 10, 2007 (the “Deed of Trust”), made by Simpkins & Thompson, LLC to Philip A. Vallandingham and Samuel A. Vallandingham, Trustees, of record in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Trust Deed Book 2176, at Page 11, to secure The First State Bank in the payment of the sum of $58,150.00, evidenced by a negotiable promissory note bearing even date therewith, and MVB Bank, Inc., as successor in interest to The First State Bank, being authorized and empowered to designate and appoint one or more substitute trustees in the place and stead of the trustees named in the Deed of Trust and the undersigned, Appalachian Title Services, LLC, a West Virginia limited liability company, having been so appointed by the terms of a Designation of Substitute Trustee of record in said Clerk’s office, and default having been made in the payment of said indebtedness and said Substitute Trustee having been requested in writing so to do by MVB Bank, Inc., as successor in interest to The First State Bank, the owner and holder of said note, said Substitute Trustee, on THURSDAY, JUNE 16, 2022 AT 2:15 P.M. EASTERN TIME will offer for sale and sell at public auction at the front door of the Cabell County Courthouse in Huntington, West Virginia, to the highest bidder therefor, all those certain lots, pieces or parcels of real estate, together with all buildings and improvements thereon and appurtenances thereunto belonging, situate, lying and being on the East side of Second Street between Fourth and Fifth Avenues, in the City of Huntington, Cabell County, West Virginia, and being the southerly cross-sectional part, 30 x 80 feet of lots 1, 2, and 3, Block 19, as shown on the Revised Map of said City, and made by L. W. Leete, Civil Engineer, which map was filed for record in the Cabell County Clerk’s office, West Virginia, on the 31st day of December, 1903, said parcel being more particularly bounded and described as follows: BEGINNING at the point of intersection of the said line of Second Street with the North line of Twenty (20) foot alley between Fourth and Fifth Avenues; thence with the East line of Second Street northerly Thirty (30) feet; thence easterly and parallel to the said North line of said Twenty (20) foot alley, Eighty (80) feet to a point in the West line of a Ten (10) foot alley; thence with said alley parallel to the said East line of Second Street in a Southerly direction, Thirty (30) feet to a point in the North line of a Twenty (20) foot alley; thence with said Twenty (20) foot alley in a westerly direction, eighty (80) feet to the place of BEGINNING. Being the same real estate conveyed unto Simpkins & Thompson, LLC from David Scott Clark and Shellie D. Clark, by Deed dated December 22, 2005, and of record in the office of the Clerk of the County Commission of Cabell County, West Virginia in Deed Book 1149, at Page 750. This conveyance is made subject to all exceptions, reservations, covenants, conditions, agreements and limitations on record affecting said real estate to the extent the same are now effective. TERMS OF SALE: Ten percent (10%) of the sales price shall be paid by cash, cashier’s check, or check guaranteed by bank letter of credit in acceptable form, in hand on the day of sale (the “Good Faith Deposit”), with the balance to be paid in cash at closing within 30 days after the date of sale. The Subject Property will be sold subject to all prior liens senior in priority to the Deed of Trust, if any, to expressly include the lien of that certain By deed of trust dated April 25, 2006, and of record in Trust Deed Book 2081, at Page 172, wherein Simpkins & Thompson, LLC conveyed the Subject Property to Philip A. Vallandingham and Samuel A. Vallandingham, as trustees, in trust to secure payment of the sum of $30,150.00 to The First State Bank. The Subject Property will further be sold subject to any and all unpaid real or personal property taxes or assessments, encumbrances and claims in favor of public service districts unicipal sanitary boards, if any, and also further subject to any and all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes recorded in the aforesaid Clerk’s office prior to the Deed of Trust and affecting the Subject Property. The Subject Property shall be sold “AS IS” and “WITH ALL FAULTS.” The Substitute Trustee shall not be liable for any representations or warranties respecting the physical condition, size or characteristics of the Subject Property. Conveyance shall be by special warranty deed, and purchaser shall pay for all transfer stamps, recording fees, and other closing costs. The risk of loss or damage to the Subject Property shall be borne by the foreclosure purchaser from and after the bid strikedown at the time of sale. The Substitute Trustee will not deliver possession of the Subject Property to the foreclosure purchaser, who shall be solely responsible for obtaining possession of the Real Property. Further, the Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the Subject Property to vacate said property, and any personal property and r belongings remaining at the Subject Property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY. Pursuant to the express terms of the Deed of Trust, the Substitute Trustee may act by agent in the execution of the sale and Joe R. Pyle Complete Auction and Realty Limited Liability Company will assist with the sale as auctioneer. Any sale hereunder may be adjourned from time to time without notice other than oral proclamation at the time and place appointed for the sale. The Substitute Trustee reserves the right to reject any or all bids. The party secured by the Deed of Trust reserves the right to purchase the property at such sale. Additional terms and conditions shall be announced at the sale. At public sale any person or entity may bid and may purchase any real estate sold if they be the highest bidder. If the real estate is sold for an amount in excess of the outstanding balance of the mortgage, together with all interest, unpaid real estate taxes and costs, said excess must be used to satisfy any other encumbrances on said property and after all said encumbrances are satisfied together with all interest and costs, any excess then remaining must be paid to the Grantor. If the Grantor or any person holding an encumbrance cannot be found after a diligent search, the money shall be paid into the Circuit Court of the county for the benefit of the Grantor or the holder of any such encumbrance. 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. Dated: May 16, 2022. APPALACHIAN TITLE SERVICES, LLC Substitute Trustee P. O. Box 1081 Bridgeport, WV 26330 (304) 641-7374 appalachiantitle@ yahoo.com LH-129342 5-24,31;2022