Legal Notices

NOTICE OF TRUSTEE’S SALE Notice is hereby given that by virtue of the following deed of trust: Deed of Trust dated August 27, 2014 from Bernice Marie McCoy, unmarried, to Christopher J. Plybon, Trustee, for the benefit of Community Trust Bank, Inc., which deed of trust is of record in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Trust Deed Book No. 2548, at Page 483. Default having been made in the payment of the obligations secured by such deed of trust, the undersigned, Christopher J. Plybon, Trustee, having been required to do so by Community Trust Bank, Inc., the beneficiary of such deed of trust and holder of the obligations secured thereby, and having full and absolute power and authority in the premises, will on the 25th day of August, 2022, at 10:00 a.m. Eastern Time, offer for sale and sell at public auction, for cash to the highest bidder, at the main (North) front door of the Courthouse of Cabell County, at 750 Fifth Avenue, Huntington, West Virginia, the following described property: TRACT 1: ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN BARBOURSVILLE DISTRICT, CABELL COUNTY, WEST VIRGINIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 4 FOOT IN DIAMETER RED OAK TREE IN A FENCE LINE, SAID TREE BEING THE SECOND CORNER AS RECORDED IN A DEED OF STOLLING TO ROLLYSON (DEED BOOK 795 AT PAGE 198); THENCE N. 0 DEG. 02′ W. 213.32 FEET TO AN IRON PIPE; THENCE N. 85 DEG. 35′ W. 125.00 FEET TO AN IRON PIPE; THENCE S. 60 DEG. 02′ W. 102.30 FEET TO AN IRON PIPE AT A POPLAR TREE; THENCE S. 40 DEG. 00′ W. 210.44 FEET TO AN IRON PIPE; THENCE S. 7 DEG. 45′ E. 172.91 FEET TO AN IRON PIPE; THENCE WITH THE LINE BETWEEN DUNCAN (DEED BOOK 746, PAGE 224), AND ROLLYSON (DEED BOOK 795, PAGE 198); N. 66 DEG. 38′ E. 405.10 FEET TO THE PLACE OF BEGINNING, CONTAINING 2.00 ACRES, MORE OR LESS, AS SHOWN ON A PLAT DATED OCTOBER 13, 1980 (DEED BOOK 817, PAGE 274); TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS FOR PRIVATE ROAD PURPOSES, TO AND FROM THE REAL ESTATE HEREBY CONVEYED, IN COMMON WITH OTHER PROPERTY OWNERS OF LANDS PREVIOUSLY CONVEYED AND TO BE CONVEYED, ABUTTING THEREON OR EXTENSIONS THEREOF, OVER AND ALONG THAT CERTAIN 15′ PRIVATE ROAD RIGHT-OF-WAY, RUNNING FROM LITTLE SEVEN MILE ROAD, AND THENCE RUNNING THROUGH THE REAL ESTATE HEREBY CONVEYED, AS SHOWN ON SAID PLAT, AND CONTINUING AND R TO BE EXTENDED HEREAFTER, THE MAINTENANCE FOR SAID PRIVATE ROAD RIGHT-OF-WAY TO BE SHARED WITH THE OWNERS OF OTHER PROPERTY ABUTTING ON SAID PRIVATE ROAD RIGHT-OF-WAY IN SUCH MANNER THAT THE SHARE OF EACH ABUTTING OWNER SHALL BE THE LENGTH OF THE RIGHT OF WAY TOUCHING SUCH OWNER’S PROPERTY, PLUS THE DISTANCE THAT SUCH OWNER MUST TRAVEL TO LITTLE SEVEN MILE ROAD (THUS, THE FURTHER THE PROPERTY OWNER IS FROM LITTLE SEVEN MILE ROAD THE GREATER THAT PROPERTY OWNER’S SHARE OF THE WHOLE, MEANING THAT PROPERTY OWNER PAYS AN ABUTTING SHARE OF MAINTENANCE PLUS A PROPORTIONATE SHARE OF THE MAINTENANCE OF THE ENTIRE ROAD THAT SUCH OWNER USES FROM THE PROPERTY THAT SUCH OWNER OWNS TO LITTLE SEVEN MILE ROAD); THE PARTIES OF THE FIRST PART EXPRESSLY EXCLUDE AND EXCEPT FROM THIS CONVEYANCE ANY RESPONSIBILITY UNTO THEMSELVES, THEIR SUCCESSORS, HEIRS OR ASSIGNS, FOR MAINTENANCE AND R FOR LIABILITY OF ANY NATURE TO ANY USERS OF SAID PRIVATE ROAD RIGHT-OF-WAY. TOGETHER WITH ALL THE TENEMENTS, HEREDITAMENTS AND APPURTENANCES THEREUNTO BELONGING OR IN ANYWISE APPERTAINING. THIS CONVEYANCE IS MADE SUBJECT TO ANY AND ALL COVENANTS, RESERVATIONS, RESTRICTIONS AND EASEMENTS AS THE SAME MAY APPEAR IN INSTRUMENTS OF RECORD IN THE AFORESAID CLERK’S OFFICE. SUBJECT TO ALL THE OIL AND GAS IN, ON OR UNDER SAID TRACT OR PARCEL OF LAND, AS EXCEPTED IN PRIOR INSTRUMENTS OF RECORD. SUBJECT TO ALL MINERAL RIGHTS, INCLUDING ALL COAL, OIL AND GAS RIGHTS, OF EVERY NATURE NOT OTHERWISE EXCEPTED AND R RESERVED. THIS BEING THE SAME PROPERTY CONVEYED TO BERNICE MARIE MCCOY, FROM LARRY M. CAREY AND SANDRA G. CAREY, HUSBAND AND WIFE, DATED 051/831/8982 AND RECORDED ON 051/841/8982 IN BOOK 831, PAGE 751, IN THE CABELL COUNTY RECORDERS OFFICE. PARCEL NO. 5 047 0003 0000 1501191 Address: COLLECTIVELY WITH PARCEL 2 – 10 JEFF MAR DRIVE, HUNTINGTON, WV TRACT 2: A CERTAIN TRACT OF LAND SITUATE IN THE STATE OF WEST VIRGINIA, CABELL COUNTY, BARBOURSVILLE DISTRICT, ON THE WATERS OF MERRITTS CREEK, AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A STONE MARKED WITH A PLUS “+” (FOUND), BESIDE A CORNER FENCE POST, MARKING A CORNER COMMON TO THE LANDS NOW OR FORMERLY OWNED BY H.E. POWELL, ET UX, (D.B. 790, PG. 699), THE LANDS NOW OR FORMERLY OWNED BY RAY WILCOX, ET UX, (D.B. 656, PG. 241), AND THE LANDS NOW OWNED BY EDSEL ROLLYSON, (D.B. 795, PG. 198); THENCE, LEAVING THE LANDS OF THE SAID POWELL, ET UX, AND WITH THE LANDS OF THE SAID WILCOX, ET UX, AS FOLLOWS: N 27-54 W, 187.42 FEET TO A HICKORY TREE; N 48-03 W, 192.85 FEET TO A STONE (FOUND), MARKING A CORNER COMMON TO THE LANDS NOW OR FORMERLY OWNED BY D.P. RIGGS, INC., (D.B. 837, PG. 64); THENCE, LEAVING THE LANDS OF THE SAID WILCOX, ET UX, AND WITH THE LANDS OF THE SAID RIGGS, INC., N 58-12 E, 452.74 FEET TO AN IRON PIPE (SET), IN PLACE OF A FALLEN FENCE POST (FOUND), MARKING A CORNER COMMON TO THE LANDS NOW OR FORMERLY OWNED BY DANA R. DEEM, ET UX, (D.B. 878, PG. 492); THENCE, LEAVING THE LANDS OF SAID RIGGS, INC., AND WITH THE LANDS OF THE SAID DEEM, ET UX, AS FOLLOWS: S 08-46 W, 154.82 FEET TO A MARKED 4″ SASSAFRAS TREE (FOUND); S 82-53. E, 118.17 FEET TO AN IRON PIPE (FOUND), MARKING A CORNER COMMON TO THE LANDS NOW, OR FORMERLY OWNED BY BERNICE MARIE MCCOY, (D.B. 831, PG. 751); THENCE, LEAVING THE LANDS OF THE SAID DEEM, ET UX, AND WITH THE LANDS OF THE SAID MCCOY, AS FOLLOWS: S 41-52 W, 208.92 FEET TO AN IRON PIPE (SET); S 07-45 W, 172.91 FEET TO AN IRON PIPE (FOUND), IN THE NORTH LINE OF THE LANDS OF THE SAID POWELL, ET UX; THENCE, LEAVING THE LANDS OF THE SAID MCCOY, AND WITH THE LANDS OF THE SAID POWELL, ET UX, S 65-29 W, 92.89 FEET TO THE BEGINNING, CONTAINING 2.46 ACRES, MORE OR LESS, AS SURVEYED BY RONALD L. EASTHAM, LICENSED WEST LAND SURVEYOR NO. 150, ON NOVEMBER 20, 1989. THERE IS TO BE CONVEYED THE RIGHT OF INGRESS AND EGRESS OVER THE 15 FOOT PRIVATE ROAD RIGHT OF WAY FROM THE ABOVE DESCRIBED TRACT TO LITTLE SEVEN MILE ROAD. THIS BEING THE SAME PROPERTY CONVEYED TO BERNICE M. MCCOY AND JAMES L. MCCOY, HER HUSBAND, DATED 121/411/8989 AND RECORDED ON 121/411/8989 IN BOOK 917, PAGE 659, IN THE CABELL COUNTY RECORDERS OFFICE. THE SAID JAMES L. MCCOY DIED APRIL 2, 2001 LEAVING BERNICE M. MCCOY AS THE SURVIVOR PURSUANT TO THE DEED. PARCEL NO. 5 047 0001 0000 1502341 Address: COLLECTIVELY WITH PARCEL 1 – 10 JEFF MAR DR, HUNTINGTON, WV TERMS OF SALE: 1. Cash in hand paid on the day of sale. 2. The sale is made “where is, as is” with no warranty whatsoever. 3. The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate the property, and any personal property and r belongings remaining at the property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY. 4. Subject to any and all assessments and taxes against said property, and all matters of record in the aforesaid Clerk’s Office senior in priority to the deed of trust under which this sale is being made, including without limitation all prior liens and encumbrances of any nature whatsoever, including, without limitation, the liens for ad valorem taxes assessed against the property. 5. The purchaser shall be responsible for the payment of the transfer taxes imposed by Article 22 of Chapter 11 of the West Virginia Code. 6. If the sale is set aside, the purchaser at such sale may be entitled to only a return of the amount paid less any applicable fees and costs and shall have no further recourse against the Trustee, the Beneficiary, or any other person or entity. 7. The Trustee reserves 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 described above or any adjournment thereof. Given under my hand this 25th day of July, 2022. Christopher J. Plybon, Trustee (1-304-529-6181) LH-133653 7-27,8-3;2022