Legal Notices

NOTICE OF TRUSTEE’S SALE Pursuant to of the authority vested by that certain Deed of Trust dated January 8, 2019, executed by Kimberly D. Edwards to J. R. Wilson, Trustee, of record in the Office of the Clerk of the County Commission of Cabell County, West Virginia in Trust Deed Book 12728, Page 466, and the undersigned, Eric S. Embree was appointed as Trustee by Appointment of Successor of Trustee dated October 2, 2023, of record in the Clerk’s Office in Trust Deed Book 416, page 669. The borrower defaulted under the Note and Deed of Trust and the Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Trustee will sell the following described property to the highest bidder at the 8th Street door of the Courthouse of Cabell County in Huntington, West Virginia, on: Tuesday, October 31, 2023 @ 11:00 AM. All of the following described real estate, together with the improvements thereon and the appurtenances thereunto belonging, situate in Grant District, Cabell County, West Virginia, and being more particularly bounded and described as follows: BEGINNING At a 1 1/2″ pipe (found), being the northwest corner of a tract of land owned by Rosemary Rice DB 101ONE-HALF64; thence S. 03E 24′ 27″ E., a distance of 143.33 feet to a 51/3 inch by 32 inch rebar (set) with plastic cap labeled “D Porter H&T PLS 357″; thence S. 86E 35′ 33” W., a distance of 31.21 feet to a 51/3 inch by 32 inch rebar (set) with plastic cap labeled “D Porter H&T PLS 357″; thence N. 05E 13′ 03″ E., a distance of 17.37 feet to the beginning of a tangent curve concave southwesterly a radius of 27.13 feet, 99E 08′ 11″ , a chord bearing of N. 44E 21′ 03″ W., 41.30 feet, an arc distance of 46.94 feet; thence S. 86E 04′ 52” W., 33.78 feet to a 51/3 inch by 32 inch rebar (set) with plastic cap labeled “D Porter H&T PLS 357″; thence N. 13E 30′ 37” W., 4.99 feet to a 51/3 inch by 32 inch rebar with plastic cap labeled “D Porter H&T PLS 357″; thence N. 13E 41′ 08” W., 71.99 feet to a 51/3 inch by 32 inch rebar with plastic cap labeled “D Porter H&T PLS 357″; thence N. 75E 53′ 05” E., 104.99 feet to the beginning, containing 9,834.11 square feet or 0.23 acre, more or less, as shown on the plat of survey prepared by Danny A. Porter, Professional Land Surveyor Number 357, a copy of which is attached to the deed recorded in the Office of the Clerk of the County Commission of Cabell County, West Virginia in Deed Book 1373, page 425. Being a part of the same real estate conveyed unto David B. Richardson and Kimberly D. Richardson aka Kimberly D. Cochran, aka Kimberly D. Richardson Cochran, aka Kimberly D. Edwards, by Robert G. McNealy and Louise McNealy, by deed dated March 30, 1999, recorded in the aforesaid Clerk’s Office in Deed Book 1046, page 10. Reference is also made to the deeds recorded in the aforesaid Clerk’s Office in Deed Book 1264, page 572, Deed Book 1269, page 552, Deed Book 1373, page 420. There is further GRANTED and CONVEYED unto the trustee, his assigns and successors in title, the right to use that certain right of way and easement as the same is more particularly designated as “”Ingress and Egress Easement in Favor of Parcel Two Width varies as shown”, upon the aforesaid map attached to the deed recorded in the Office of the Clerk of the County Commission of Cabell County, West Virginia in Deed Book 1373, page 420. It is the intention of this notice to sell the secured property by proper description as was intended to be transferred and conveyed in the aforesaid deed of trust. The street address of the property is purportedly 1226 Newman’s Branch Road, Milton, WV 25541. 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-way, easements, covenants, conveyances and conditions of record in the Clerk’s office or affecting the subject property. 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 one hundred twenty (120) days from the date of such sale or the period allowable for redemption under the local law, whichever is longer. Any buyer is advised to retain counsel before the sale. 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 to submit a bid for the property at sale. 4) The Trustee reserves the right to continue the sale of the subject property from time to time by written or oral proclamation, which continuance shall be in the sale discretion of the Trustee. Should the Trustee not appear at the time appointed for the sale and there is no notice posted of a continuance please contact the office of the Trustee to make further inquiry. Any sale may be conducted or adjourned by the designated agent or attorney of the Trustee. The undersigned is fully vested with the authority to sell said property as Trustee by instrument of record. 5) 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. 6) The total purchase price is payable to the Trustee by cashier’s check, cash or the equivalent within thirty (30) days of the date of sale, with ten percent (10%) of the total purchase price payable to the Trustee at sale by cashier’s check, cash or the equivalent. If the purchaser at the sale is unable to complete the terms of purchase within thirty (30) days, the Trustee reserves the right to transfer the property to the next highest bidder. 7) Should any party have any inquires, objections the sale or protests regarding the sale, or request regarding the sale, please notify the Trustee below. 8) The part(ies) secured by the Deed of Trust reserve the right to purchase the property as such sale. Given under my hand this 5th day of October, 2023. ERIC S. EMBREE, Substitute Trustee Tyree Embree and Associates, PLLC 3564 Teays Valley Road Hurricane, West Virginia 25526 Phone: (304) 757-0021 LH-161189 10-10,17;202