Legal Notices

NOTICE OF SUCCESSOR TRUSTEE’S SALE Notice is hereby given, by virtue of the authority vested in the undersigned Successor Trustees, Eric M. Johnson and John M. Harshbarger, by a certain Deed of Trust made by M & M Holdings of Charleston, LLC, dated December 22, 2016, and recorded December 22, 2016, in the office of the Clerk of the County Commission of Kanawha County, West Virginia in Trust Deed Book 4215, at page 214, the said Successor Trustees acting by virtue of that certain Appointment of Successor Trustee dated March 15, 2024, and recorded March 21, 2024, in the aforesaid Clerk’s office in Trust Deed Book 4684, at page 722, and by a certain Deed of Trust made by M & M Holdings of Charleston, LLC, dated December 15, 2010, and recorded December 15, 2010, in the aforesaid Clerk’s Office in Trust Deed Book 3766, at page 142, the said Successor Trustees acting by virtue of that certain Appointment of Successor Trustee dated March 15, 2024, and recorded March 21, 2024, in the aforesaid Clerk’s Office in Trust Deed Book 4684, at page 724, and default having been made in the payment of the Note secured by the aforesaid Deed of Trust, and having been requested in writing by the owner and holder of the Note, will offer for sale, at public auction, to the highest bidder at the front door of the Courthouse of Kanawha County, West Virginia, on Tuesday, May 14, 2024, at 11:00 a.m., all that certain lot, piece or parcel of real property, together with improvements thereon, situate in Charleston, Charleston South Annex District, Kanawha County, West Virginia, being more particularly bounded and described as follows: BEGINNING at a point located N. 61DEGREES 03′ 30″ E. and 30.0 feet distant from a 6″ case iron pipe monument located in the easterly right of way line of United States Route 119 (now U. S. Route 61) and on the boundary line of property formerly owned by the High Estate and of property of the West Virginia Turnpike Commission; thence N. 1DEGREES 28′ E. along the southeasterly boundary of land of said Turnpike Commission a distance of 69.0 feet to a point; thence along said boundary line of said Turnpike Commission on a 125.0 foot radius curve in a northeasterly direction a distance of 98.33 feet to a point; thence continuing along said boundary line of said Turnpike Commission N. 46DEGREES 10′ 41″ E. a distance of 422.0 feet, more or less, to the original low water mark of the Kanawha River; thence with said low water mark up the Kanawha River S. 12DEGREES 39′ E. a distance of 246.0 feet, more or less, to a point on the northerly line of said property formerly owned by the High Estate; thence leaving said low water mark and along said boundary line of the High Estate in a westerly direction a distance of 72.0 feet, more or less, to a 6″ case iron pipe monument located on said boundary line; thence continuing along said boundary line of the High Estate S. 61DEGREES 03′ 30″ west a distance of 384.46 feet to the point of beginning, containing 1.630 acres. The property conveyed by this deed is the same property that was conveyed by Ruth C. Townsend, single, to Ruth L. Townsend, as Trustee of the Ruth L. Townsend Revocable Trust dated September 24, 1999, by deed dated October 5, 1999, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 2482, page 449, and being the same parcel marked “A” on the map attached to that certain deed dated February 12, 1954, from Libbey-Owens-Ford Glass Company to West Virginia Turnpike Commission of record in the aforesaid Clerk’s Office in Deed Book 1085, page 105. At the time of execution of the deed of trust, the grantor represented the address of the property was 6300 MacCorkle Avenue SE, Charleston, WV 25304. AND All those certain lots, tracts or parcels of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in the Cabin Creek District, Kanawha County, West Virginia, and being more particularly bounded and described as follows: PARCEL 1: Lot Number One (1) Samuel Moore Estate, Diamond WV surveyed by E.B. Roeser, Enger. Beginning at a point on the right of way line of U.S. Route #60, at the point where the east line of the road to the plant of the Union Carbide Company intersects the same; thence with the east line of said road, S. 30 30′ W. 286.00 feet to a point on the right of way line of the Kanawha and Michigan Railroad; thence with said right of way line S. 35 15′ E. 371.0 feet; thence leaving said right of way line, N. 54 45′ E. 247.23 feet to a point on the right of way line of U.S. Route #60 and with the same 489.0 feet, more or less, to the beginning, containing 2.399 acres. And being the same property conveyed unto Colleen M. Kuhn and John S. Kuhn, her husband, by Deed dated May 12, 1981, of record in the aforesaid Clerk’s office in Deed Book 1975, at page 419. PARCEL 2: Beginning at a point in the southwesterly right of way line of U.S. Route No. 60 at the common northerly corner of Lots Nos. 1 and 2 of the Samuel Moore Estate Property; thence with said southwesterly right of way line in a northwesterly direction a distance of 230.0 feet to a point; thence with a new line through said Lot No. 1 of the Samuel Moore Estate property, in a southwesterly direction a distance of 240.0 feet, more or less, to a point in the northeasterly right of way line of the New York Central railroad Company, which point is located N. 35 15′ W. 230.0 feet along said railroad right of way line from the common southerly corner of said Lots Nos. 1 and 2 of the Samuel Moore Estate property; thence with said railroad right of way line S. 35 15′ E. Lots Nos. 1 and 2; thence with the common line between said Lots Nos. 1 and 2 N. 54 45′ E. 230.0 feet, more or less, to the point of beginning, being the easterly or up-river end of side Lot no. 1 of the Samuel Moore estate property, line easement agreement dated May 21, 1945, of record in Deed Book 702, at page 82-A, in the Office of the Clerk of the County Court for Kanawha County, West Virginia, and being a part of the same land acquired by John C. Moore, Executor, dated December 29, 1943, of record in said Clerk’s Office in Deed Book 665, at page 209, to which deed and the aforesaid map reference is made for a more complete description of the property herein granted and conveyed. And being the same property conveyed unto Colleen M. Kuhn and John S. Kuhn, her husband, by Deed dated February 9, 1954, of record in the aforesaid Clerk’s office in Deed Book 1080, at page 115. PARCEL 3: Beginning at an iron pin in the southerly right of way line of “Old U.S. Route 60”, said iron pin being in the division line between the parcel of land, described as Lot 2, in the partition of the land of Samuel Moore and Lot No. 3, partitioned to Nora Ann Moore; thence leaving said southerly right of way line of said “Old U.S. Route 60″, and running with the division line between said Lot No. 2 of the said Arch C. Moore and said Lot No. 3, of the Nora Anne Moore, S. 54 45′ W. 134.72 feet, more or less, to a point in the northern line of the present existing controlled access right of way line of the relocated U.S. Route 60; thence with said northerly line of said right of way line of said controlled access road N. 41 46′ 32” W. 364 feet, more or less to a point in the division line between the aforesaid Lot N. 2 of the said Arch C. Moore and the aforesaid Lot No. 3, now owned by Colleen M. Kuhn and John F. Kuhn; thence leaving said northern right of way line of said relocated U.S. Route 60; and with said last mentioned division line, N. 54 45′ E. 99.23 feet, more or less to an iron pin in the aforementioned southern right of way line of “Old U.S. Route 60”; and thence southeasterly with said southern right of way line of “Old U.S. Route 60” 368 feet more or less, to the place of beginning and being all of that certain aforesaid parcel of 2.263 acres. Being the same property conveyed unto Collleen M. Kuhn and John S. Kuhn by J. Cecil Moore and Alma Moore, Nora A. Moore, Julia M. Adkins, Lyle O. Moore and Harriette Moore, Howard R. Moore and Frances Moore, Sterling T. Moore and Rose Mary Moore, Samuel M. Moore and Dorcas Moore, Hester M. Lyman and Louis Lyman, Joanna Cordell and Arthur Cordell, Jr., Mildred G. Tomlin and Ronald Tomlin by deed dated January 26, 1970 and recorded in the aforesaid Clerk’s Office in Deed Book 1580, at page 632. PARCEL 4: All of Lot 3 of the Samuel Moore Estate, as same is shown on a map of record with a water line easement agreement dated the 21st day of May, 1945, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 702, at page 82-A. And being the same property conveyed unto John S. Kuhn and Colleen M. Kuhn, his wife, by Deed dated August 1, 1979, of record in the aforesaid Clerk’s office in Deed Book 1927, at page 525. PARCEL 5: BEGINNING at an iron pin, said iron pin being N. 54 45′ E. 166 feet from the existing northeasterly right of way line of New York Central Railroad, and being a corner to the land of the grantor herein and the land of Arch C. Moore, and thence, with a line of the said Arch C. Moore, N. 54 45′ E. 137.73 feet to an iron pin, said iron pin being in the southeasterly right of way line of what is usually known as Old West Virginia U.S. Route 60; thence, with said right of way line of said route, S. 41 56′ E. 128.95 feet to an iron pin; thence, and continuing with said right of way line, S. 37 24′ E. 92.55 feet to an iron pin in said right of way line; thence S. 54 45′ W. 151.75 feet to an iron pin in the northeasterly right of way line of a newly acquired right of way of the State Road Commission of the State of West Virginia; and thence, with said last mentioned right of way line, in a general northerly direction, 220.5 feet, more or less, to the place of beginning, containing approximately 31,680 square feet. And being the same property conveyed unto John S. Kuhn and Colleen Moore Kuhn, his wife, by Deed dated June 14, 1966, of record in the aforesaid Clerk’s office in Deed Book 1515, at page 153. PARCEL 6: Beginning at a fence post in the northerly right of way line of U.S. Route 60, located at the southwest corner of said Lot 6; thence leaving said U.S. Route 60 and running with a fence on the westerly line of Lot 6, N. 44 59′ E. 289 feet to a hub which is located three (3) feet beyond the end of the said fence; thence running with the rear line of said Lot 6, S. 40 20′ E. 133 feet to a hub; thence running through Lot 6, S. 44 59′ W. 296.5 feet to a hub in the northerly line of said U.S. Route 60; thence running with the said line of U.S. Route 60 N. 35 29′ W. 133 feet to the place of beginning containing approximately 0.9 acre, being part of the Samuel Moore Home Place property and part of the second lot described in that certain deed to Samuel Moore from May C. Cobb and others, dated July 5, 1898 and of record in the aforesaid Clerk’s Office in Deed Book 78, at page 152. Being the same property conveyed unto John S. Kuhn and Colleen Moore Kuhn by Nora Ann Moore, by deed dated May 9, 1960 and recorded in the aforesaid Clerk’s Office in Book 1308, at page 703. This conveyance is made subject to a right of way for a transmission line, granted by Samuel Moore and Armilda Moore to Virginian Power Company by deed dated November 15, 1915 and of record in the aforesaid Clerk’s Office in Deed Book 155, at page 162. PARCEL 7: BEGINNING at a fence post on the top of the bank of U.S. Route No. 60; thence No. 48 51′ E. a distance of 316.03 feet to a fence post on the hillside; thence N. 40 20′ W., passing through a depression caused by an old coal opening and crossing the at 99 feet, a distance of 205 feet, more or less, to a point, said point being the most easterly corner of that portion of Lot No. 6 conveyed by the party of the first part to Hohn S. Kuhn and Colleen Moore Kuhn, his wife; thence S. 44 59′ W. 300 feet more or less, to a point, said point being in the southwesterly line of said Lot No. 6; thence S. 35 29′ E., a distance of 197 feet, more or less, to the place of beginning. And being the same property conveyed unto John S. Kuhn and Colleen Moore Kuhn, his wife, by Deed dated August 1, 1979, of record in the aforesaid Clerk’s office in Deed Book 1927, at page 527. At the time of execution of the deed of trust, the grantor represented the address of the property was SEVEN PARCELS NEAR WITCHERS CREEK ON U S ROUTE 60, BELLE, WV 25015. The Real Property tax identification number is #06161565, #06156697, #06156704, #06161609, #06156740, #06156731, AND #06161618. TERMS OF SALE: The Premises will be sold “AS IS, WHERE IS,” in its present condition and with all faults and defects, if any. The property will be conveyed by deed with no covenants of warranty of title. The property shall be sold subject to all liens not discharged by the sale, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges, and liens with priority to the Deed of Trust pursuant to which this sale is being conducted. The property shall be sold 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. The property will be sold for cash in hand on the date of sale to the highest bidder. The purchasers at the sale shall be responsible for paying the recording costs and the tax on the privilege of transferring real property (the cost of the tax stamps to be affixed to the deed). The Successor Trustees and Peoples Bank shall not be responsible for the removal of any person or personal property from the Premises. Pursuant to the Deed of Trust, the Successor Trustees may postpone the sale by public announcement at the time and place designated and act by agent in the execution of the sale. The parties secured by the Deed of Trust reserve the right to purchase the Premises at such sale. Dated: April 12, 2024 Eric M. Johnson, Esq. Successor Trustees 200 Capitol Street Charleston, WV 25301 (304) 205-6377 LC-172865