Legal Notices

NOTICE OF TRUSTEE’S SALE NOTICE OF TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, WV Trustee Services, LLC, by that certain Deed of Trust dated September 23, 2005, executed by Borrower(s), Eliza Ballard and Michael Ballard, to James T. Cooper, the Trustee of record in the office of the Clerk of the County Commission of Kanawha County, West Virginia, in Book 3286, at Page 191. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 760 Cane Fork Rd, Charleston, WV 25314. WV Trustee Services, LLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated March 29, 2023, of record in the Clerk’s Office in Book 4636, Page 687. The borrower(s) defaulted under the Note and Deed of Trust and the Substitute Trustees have been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustees will sell the following described property to the highest bidder at the front door of the Courthouse of Kanawha County, in Charleston, West Virginia, on the following date: 26th day of July, 2023 at 11:00 a.m. ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATE ON THE WATERS OF DAVIS CREEK, LOUDON DISTRICT, KANAWHA COUNTY, WEST VIRGINIA, AND BEING PART OF LOT NO. 75 OF THE LANDS OF D.G. COURTNEY ON DAVIS CREEK, AS LAID OUT AND DESCRIBED ON A MAP OF SAME MADE BY FRANK G. BURDETTE, SURVEYOR, WHICH MAP IS OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COURT OF KANAWHA COUNTY, WEST VIRGINIA, AND IS ENTITLED “MAP OF D. G. COURTNEY`S DAVIS CREEK LANDS,” AND ALSO SHOWN ON A MAP OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COURT OF KANAWHA COUNTY, WEST VIRGINIA, AND DATED MAY 22, 1962, MADE BY JAMES SELL, REGISTERED PROFESSIONAL CIVIL ENGINEER, ENTITLED “MAP SHOWING DIVISION OF CAIN FORK SUBDIVISION INTO PARCELS A-B-C-D, LOUDON DISTRICT, KANAWHA COUNTY, WEST VIRGINIA SURVEYED FOR R.N. PENNINGTON,” SAID PART OF SAID LOT NO.75 BEING DESCRIBED AS FOLLOWS: BEGINNING AT A STONE ON THE UPPER CORNER OF SAID LOT NO. 75; THENCE RUNNING DOWN CAIN FORK WITH ONE OF THE LINES OF SAID LOT NO.75, 630 FEET TO A STAKE; THENCE RUNNING IN A SOUTH WESTERLY DIRECTION, UP THE HILL 620 FEET TO THE TOP OF THE RIDGE TO A MARKED WHITE OAK; THENCE IN THE SAME DIRECTION DOWN THE OTHER SIDE OF THE HILL 80 FEET TO TWO SMALL WHITE OAKS MARKED; THENCE A STRAIGHT LINE IN A SOUTH EASTERLY DIRECTION 645 FEET TO THE CHESTNUT OAK CORNER OF LOT 75 TO THE PLACE OF BEGINNING, CONTAINING TEN (10) ACRES, MORE OR LESS, AND BEING THE SAME TRACT OF LAND CONVEYED TO KENNETH DAVID BALLARD AND MICHAEL JAY BALLARD, THE PARTY OF THE FIRST PART HEREIN, BY DEED DATED APRIL 15, 2005 FROM EMMA LOU PENNINGTON, RECORDED IN THE AFORESAID COUNTY CLERK`S OFFICE IN DEED BOOK 2630, AT PAGE 461; EXCEPT THAT THE FOLLOWING DESCRIBED TRACTS OR PARCELS OF LAND ARE EXEMPTED FROM THE INSTANT CONVEYANCE, THE SAID TRACTS OR PARCELS OF LAND OF LOT NO. 75, PARCELS A-BC-D CAIN FORK SUBDIVISION, DAVIS CREEK, LOUDON DISTRICT, HAVING PREVIOUSLY BEEN CONVEYED: 1. BEGINNING AT A POINT ON THE ROAD, NEXT TO THE PROPERTY OWNED BY J. HOBERT PATRICK, J. G. LOCKARD AND FRED TAYLOR, TRUSTEES OF THE LOUDENDALE CHURCH OF THE NAZARENE, THENCE RUNNING IN A DIRECTION UP CAIN FORK, WITH SAID ROAD, A DISTANCE OF 32 FEET; THENCE PARALLEL WITH THE LINE OF THE PROPERTY OWNED BY J. HOBERT PATRICK, J.G. LOCKARD AND FRED TAYLOR, TRUSTEES OF THE LOUDENDALE CHURCH OF THE NAZARENE, A DISTANCE OF 168 FEET TO A PIN; THENCE RUNNING PARALLEL WITH THE ROAD, A DISTANCE OF 32 FEET; THENCE RUNNING WITH THE LINE OF THE PROPERTY OWNED BY J. HOBERT PATRICK, J.G. LOCKARD AND FRED TAYLOR, TRUSTEES OF THE LOUDENDALE CHURCH OF THE NAZARENE, A DISTANCE OF 168 FEET TO THE PLACE OF BEGINNING, AND BEING PART OF THAT CERTAIN TRACT OF LAND CONVEYED TO ELSIE VAY PENNINGTON BY DEED DATED SEPTEMBER 20, 1940, FROM OHLEY LOCKARD, WIDOWER, RECORDED IN THE AFORESAID COUNTY CLERK`S OFFICE IN DEED BOOK 550, AT PAGE 31, AND BEING THE SAME TRACT OF LAND CONVEYED TO J. HOBERT PATRICK, J.G. LOCKARD AND FRED TAYLOR, TRUSTEES OF THE LOUDENDALE CHURCH OF THE NAZARENE FROM ELSIE VAY PENNINGTON AND REID NORMAN PENNINGTON, NOW DECEASED, BY DEED DATED JANUARY 22, 1951 WHICH DEED IS OF RECORD IN THE AFORESAID COUNTY CLERK`S OFFICE IN DEED BOOK 997, AT PAGE 62. 2. ALL THAT CERTAIN PARCEL OF LAND SITUATE ON THE WATERS OF DAVIS CREEK, LOUDON DISTRICT, KANAWHA COUNTY, WEST VIRGINIA, KNOWN AS LOT 1, PARCEL “C”, AS SHOWN ON A MAP DATED MAY 22, 1962, MADE BY JAMES SNELL, REGISTERED PROFESSIONAL CIVIL ENGINEER, ENTITLED “MAP SHOWING DIVISION OF CAIN FORK SUBDIVISION INTO PARCELS A-B-C-D, LOUDON DISTRICT, KANAWHA COUNTY, WEST VIRGINIA, SURVEYED FOR R.N. PENNINGTON,” SAID MAP BEING OR RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COURT OF KANAWHA COUNTY, WEST VIRGINIA, AND BEING PART OF THAT CERTAIN TRACT OF LAND CONVEYED TO ELSIE VAY PENNINGTON BY DEED DATED SEPTEMBER 20, 1940, FROM OHLEY LOCKARD, WIDOWER, RECORDED IN THE AFORESAID COUNTY CLERK`S OFFICE IN DEED BOOK 550, AT PAGE 31, AND BEING THE SAME TRACT OF LAND CONVEYED TO KENNETH RAY PENNINGTON AND NANCY CAROL PENNINGTON, HIS WIFE, FROM ELSIE VAY PENNINGTON AND REID NORMAN PENNINGTON, NOW DECEASED, BY DEED DATED JUNE 9, 1962, WHICH DEED IS OF RECORD IN THE AFORESAID COUNTY CLERK`S OFFICE IN DEED BOOK 1362, AT PAGE 380. PURSUANT TO A CORRECTIVE DEED CONVEYED TO KENNETH RAY PENNINGTON AND NANCY CAROL PENNINGTON, HIS WIFE, FROM ELSIE VAY PENNINGTON AND REID NORMAN PENNINGTON, NOW DECEASED, DATED AUGUST 10, 1962, AND RECORDED IN THE AFORESAID COUNTY CLERK`S OFFICE IN DEED BOOK 1369, AT PAGE 605, THE AFORESAID DEED RECORDED AT DEED BOOK 1362, PAGE 380 IS CORRECTED, ELIMINATING THE PHRASE “LOT 1” THEREIN, THEREBY CONVEYING THE ENTIRE PARCEL “C” TO KENNETH RAY PENNINGTON AND NANCY CAROL PENNINGTON, HIS WIFE. 3. ALL THAT CERTAIN PARCEL OF LAND SITUATE ON THE WATERS OF DAVIS CREEK, LOUDON DISTRICT, KANAWHA COUNTY, WEST VIRGINIA, KNOWN AS PARCEL “B”, AS SHOWN ON A MAP DATED MAY 22, 1962, MADE BY JAMES SNELL, REGISTERED PROFESSIONAL CIVIL ENGINEER, ENTITLED “MAP SHOWING DIVISION OF CAIN FORK SUBDIVISION INTO PARCELS A-B-C-D, LOUDON DISTRICT, KANAWHA COUNTY, WEST VIRGINIA, SURVEYED FOR R.N. PENNINGTON,” SAID MAP BEING OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COURT OF KANAWHA COUNTY, WEST VIRGINIA, AND BEING PART OF THAT CERTAIN TRACT OF LAND CONVEYED TO ELSIE VAY PENNINGTON BY DEED DATED SEPTEMBER 20, 1940, FROM OHLEY LOCKARD, WIDOWER, RECORDED IN THE AFORESAID COUNTY CLERK`S OFFICE IN DEED BOOK 550, AT PAGE 31, AND BEING THE SAME TRACT OF LAND CONVEYED TO EMMA LOU PENNINGTON, PARTY OF THE FIRST PART HEREIN, FROM ELSIE VAY PENNINGTON AND REID NORMAN PENNINGTON, NOW DECEASED, BY DEED DATED JUNE 9, 1962, WHICH DEED IS OF RECORD IN THE AFORESAID COUNTY CLERK`S OFFICE IN DEED BOOK 1369, AT PAGE 604. 4. ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATE ON THE WATERS OF DAVIS CREEK, LOUDON DISTRICT, KANAWHA COUNTY, WEST VIRGINIA, AND BEING PART OF LOT NO. 75 OF THE LANDS OF D.G. COURTNEY ON DAVIS CREEK, AS LAID OUT AND DESCRIBED ON A MAP OF SAME MADE BY FRANK G. BURDETTE, SURVEYOR, WHICH MAP IS OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COURT OF KANAWHA COUNTY, WEST VIRGINIA, AND IS ENTITLED “MAP OF D. G. COURTNEY`S DAVIS CREEK LANDS,” SAID PART OF SAID LOT NO. 75 CONVEYED BEING DESCRIBED AS – – BEGINNING AT AN OLD PIPE LOCATED ON THE NORTHERLY SIDE OF W.VA. SEC. ROUTE 38 AND BETWEEN CAIN FORK OF DAVIS CREEK AND SAID W.VA. SEC. ROUTE 38, AND BEING A CORNER TO LOT “A” (ALSO A CORNER TO LOT 3) AS SHOWN UPON A MAP ENTITLED “MAP SHOWING DIVISION OF CAIN FORK SUBDIVISION INTO PARCELS A-B-C-D, LOUDON DISTRICT, KANAWHA COUNTY, WEST VIRGINIA, SURVEYED FOR R.N. PENNINGTON,” THENCE N. 54 DEGREES 17` W. 105 FEET TO A POINT IN W.VA. SEC. ROUTE 38; THENCE S. 49 DEGREES 13` W. 733 FEET, MORE OR LESS, TO A POINT IN THE BACK LINE OF SAID LOT “A” (ALSO THE BACK LINE OF SAID LOT 3); THENCE S. 49 DEGREES 25` E. 96 FEET, MORE OR LESS, TO AN “X” CUT ON A ROCK; THENCE N. 49 DEGREES 13` E. 745 FEET TO THE OLD PIPE, THE PLACE OF BEGINNING, AND BEING A PART OF THE TRACT OF LAND CONVEYED UNTO ELSIE VAY PENNINGTON BY DEED DATED SEPTEMBER 20, 1940, FROM OHLEY LOCKARD, WIDOWER, RECORDED IN THE AFORESAID COUNTY CLERK`S OFFICE IN DEED BOOK 550, AT PAGE 31, AND BEING THE SAME TRACT OF LAND CONVEYED TO YVONNE JEAN PENNINGTON BALLARD AND DAVID MICHAEL BALLARD, HER HUSBAND, FROM ELSIE VAY PENNINGTON AND REID NORMAN PENNINGTON, NOW DECEASED, BY DEED DATED MARCH 31, 1971, WHICH DEED IS OF RECORD IN THE AFORESAID COUNTY CLERK`S OFFICE IN DEED BOOK 1615, AT PAGE 424. 5. ALL THAT CERTAIN PARCEL OF LAND SITUATE ON THE WATERS OF DAVIS CREEK, LOUDON DISTRICT, KANAWHA COUNTY, WEST VIRGINIA, KNOWN AS LOT 1, PARCEL “B”, AS SHOWN ON A MAP DATED MAY 22, 1962, MADE BY JAMES SNELL, REGISTERED PROFESSIONAL CIVIL ENGINEER, ENTITLED “MAP SHOWING DIVISION OF CAIN FORK SUBDIVISION INTO PARCELS A-B-C-D, LOUDON DISTRICT, KANAWHA COUNTY, WEST VIRGINIA, SURVEYED FOR R.N. PENNINGTON,” SAID MAP BEING OR RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COURT OF KANAWHA COUNTY, WEST VIRGINIA, IN PHOTO STATIC MAP BOOK 20, AT 95, THE PARCEL HEREIN CONVEYED BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS BEGINNING AT AN IRON PIPE IN THE SOUTHERLY RIGHT OF WAY LINE OF WEST VIRGINIA SECONDARY ROUTE 38, SAID PIPE BEING THE FRONT COMMON CORNER OF LOTS B AND C AS SHOWN UPON THE AFORESAID MAP; THENCE FOLLOWING THE SOUTHERLY RIGHT OF WAY LINE OF SAID WEST VIRGINIA SECONDARY ROUTE 38, WITH A CURVE TO THE RIGHT THE CHORD OF WHICH BEARS S. 65 DEGREES 13` E. 25 FEET TO A POINT IN SAID RIGHT OF WAY LINE; THENCE LEAVING SAID RIGHT OF WAY LINE AND RUNNING INTO LOT B AS SHOWN UPON THE AFORESAID MAP, S. 37 DEGREES 25` W. 225 FEET TO A POINT; THENCE S. 45 DEGREES 60` W. APPROXIMATELY 432 FEET TO A POINT IN THE BACK LINE OF SAID LOT B; THENCE FOLLOWING THE BACK LINE OF SAID LOT B, N. 49 DEGREES 25` W. 25 FEET TO THE REAR COMMON CORNER OF SAID LOTS B AND C; THENCE FOLLOWING THE COMMON DIVISION LINE BETWEEN SAID LOTS B AND C, N. 45 DEGREES 50` E. 424 FEET, MORE OR LESS, TO AN IRON PIPE; THENCE CONTINUING WITH SAID COMMON DIVISION LINE, N. 37 DEGREES 25` E. 225 FEET TO THE PLACE OF BEGINNING, AND BEING A STRIP OF LAND FRONTING 25 FEET ON SAID WEST VIRGINIA SECONDARY ROUTE 38 AND LYING ADJACENT TO AND ADJOINING LOT C AS SHOWN UPON THE AFORESAID MAP; AND BEING A PART OF THE SAME PROPERTY UNTO ELSIE VAY PENNINGTON AND REID NORMAN PENNINGTON, NOW BY DEED DATED JUNE 9, 1962, OF RECORD IN THE AFORESAID CLERK`S OFFICE IN DEED BOOK 1369, AT PAGE 604, AND BEING THE SAME TRACT OF LAND CONVEYED TO KENNETH RAY PENNINGTON AND NANCY CAROL PENNINGTON, HIS WIFE, FROM EMMA LOU PENNINGTON, SINGLE, DATED JUNE 11, 1974, AND RECORDED IN THE AFORESAID COUNTY CLERK`S OFFICE IN DEED BOOK 1975, AT PAGE 327. TERMS OF SALE: 1) The property will be conveyed in an “AS IS” physical condition by Deed containing no warranty, express or implied, subject to the Internal Revenue Service right of redemption, all property taxes, prior Deeds, liens, reservations, encumbrances, restrictions, rights-of-ways, easements, covenants, conveyances and conditions of record in the Clerk’s office or affecting the subject property. 2) The Purchaser shall be responsible for the payment of the transfer taxes imposed by the West Virginia Code 11-22-1. 3) The Beneficiary and r the Servicer of the Deed of Trust and Note reserve the right to submit a bid for the property at sale. 4) The Trustee reserves the right to continue sale of the subject property from time to time by written or oral proclamation, which continuance shall be in the sole discretion of the Trustee. 5) The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate said 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. 6) The total purchase price is payable to the Trustee within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale. WV Trustee Services, LLC, Substitute Trustee BY: Jim Ashley, Limited Signing Officer WV Trustee Services, LLC McGuire Office Center 618 Tenth Street, Suite 108 Huntington, WV 25701 (304) 853-3336 jim.ashley@ wvtrusteeservices.com LC-155315 06-30 7-07,14;2023