Legal Notices

TRUSTEE’S SALE OF VALUABLE REAL ESTATE The undersigned Substitute Trustee, by virtue of the authority vested in him by that certain Deed of Trust, dated October 11, 2019, and duly recorded in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Document No. 6035996, in Book No. 2756, at Page 230, Jessica L Sylvester and Norma Ann Withrow did convey unto Flynn Max Miller and Miller, Trustee(s), certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Seneca Trustees, Inc., as Substitute Trustee; and default having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by loanDepot.com, LLC to foreclose thereunder, will offer for sale at public auction at the front door of the Fourth Avenue Entrance of the Cabell County Courthouse in Huntington, West Virginia, on July 2, 2024 at 2:00 PM the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in 04 – Guyandotte District, Cabell County, West Virginia, and more particularly described as follows: PARCEL ONE: All that certain tract, piece or parcel of ground situate in Guyandotte District, Cabell County, West Virginia, being more particularly bounded and described as follows: BEGINNING at a point at the southeast corner of a tract of land conveyed to Dave Gideon by Irvin Scarberry and Callie N. Scarberry, his wife, by deed dated May 7, 1925, of record in the Office of the Clerk of the County Court of Cabell County, West Virginia, in Deed Book No. 227, at page 62, and by deed from Irvin Scarberry, Guardian of Earl Scarberry, Infant, dated May 19, 1925, of record in said Clerk’s Office in Deed Book No. 227, at page 222, thence from said beginning and with the easterly line of said tract, N. 20 W., 874 feet, more or less, to a point in the South right of way line of West Virginia State Route No. 2, said point being the northeasterly corner of the aforementioned tract conveyed to Dave Gideon AFTER EXCEPTING the portion of said tract conveyed to the State Road Commission of the State of West Virginia; thence with the South right of way line of West Virginia State Route No. 2, S. 70 W., 150 feet, more or less, to a point; thence leaving said right of way line, and parallel with the easterly line of said Gideon tract, S. 20 E., 874 feet, more or less, to the southerly line of the aforementioned Gideon tract; thence with the southerly line of said Gideon tract, N. 70 E., 150 feet, more or less, to the point of BEGINNING; EXCEPTING AND RESERVING THEREFROM, HOWEVER, any portion of the above described property conveyed to the State Road Commission of the State of West Virginia by previous conveyance. PARCEL TWO: All that certain real estate situate in Guyandotte District, Cabell County, West Virginia, located on State Route No. 2, and being more particularly described as follows: BEGINNING at a point set in the Northeasterly corner of the Estle and Janet Stevens property as described in Deed Book 669, Page 054, recorded in the Office of the Clerk of the County Commission of Cabell County, West Virginia, said point also being in the southerly right of way line of State Route No. 2, and being 40 feet southerly from the center line of said road; thence from said Beginning, leaving said line of said road and with the present common line of Stevens and William G. Kearns, the grantor herein, as described in Deed Book 851, Page 331, S. 20 00′ 00″ E. 874.00 feet to a point; thence leaving said Stevens and with Kearns, S. 70 00′ 00″ W. 20.00 feet to a point; thence traversing Kearns, N. 20 00′ 00″ W. 787.00 feet a metal pipe set by this survey; thence N. 14 44′ 46″ W. 87.37 feet to a pipe also set by this survey in the aforementioned southerly right of way of said State Route No. 2 and being N. 70 18′ 00″ E. 176.75 feet from the northwesterly corner of said Kearns; thence with said right of way line, N. 70 00′ 00″ E. 12.00 feet to the place of BEGINNING. Containing 0.393 acre, as shown on the Plat, made by American Land Surveys, Inc., dated July 20, 1990. This new July 1990, boundary of the Estle Stevens property shall follow the July, 1990, pattern of the ravine between the William G. Kearns and Estle Stevens properties. The new 1990 boundary is never to extend beyond the ravine and the number of feet of the boundary changes shall be indicated every few feet along the ravine to shown on a map of the new measurements of that Kearns-Stevens boundary. PARCEL THREE: All that certain lot piece or parcel of ground situate lying and being in Guyandotte District, Cabell County, West Virginia, more particularly bounded and described as follows: Beginning at a metal pipe set in the southerly right of way of State Route 2, said pipe being a common corner to Walker W. Crawford and Estle L. and Janet L. Stevens; Thence from said beginning, leaving said right of way line, south 26 15 minutes east 90.58 fees to a point just east of the existing concrete; thence south 18 00 minutes east 122.5 feet, to a point in the common line between 2 parcels both owned by said Crawford; thence with said line south 73 14 minutes west 9.24 feet to a metal pipe; thence continuing with said line south 73 14 minutes west 3.76 feet to a point in the southwesterly corner of the original Crawford parcel; thence with said original line north 18 00 minutes west 211.86 feet to the place of beginning, containing 2173 square feet. At the time of the execution of the Deed of Trust, this property was reported to have an address of: 5529 Ohio River Road, Huntington, WV 25702. The referenced real estate will be conveyed with no covenants of warranty, and 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, all prior liens and encumbrances, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges. The purchasers at the sale shall be responsible for paying the recording costs and also the tax on the privilege of transferring real property (the cost of the tax stamp to be affixed to the deed). The purchasers shall be responsible for payment of all real estate taxes. The subject property will be sold in “AS IS” condition. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. TERMS: $9000.00 in cash and r certified funds as deposit at the time of sale with the balance due and payable within 30 days of the day of sale. FEDERAL TAX LIEN: 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. Pursuant to the Deed of Trust, the Trustee may postpone the sale by public announcement at the time and place designated or by posting a notice of the same, and act by agent in the execution of the sale. The parties secured by the Deed of Trust reserve the right to purchase the property at such sale. SENECA TRUSTEES, INC. 5000 Coombs Farm Drive, Suite 104 Morgantown, WV 26508 (304) 413-0044 (304) 292-2918 Toll free: (888) 534-3132 Reference File No. 89066 LH-173795 05-21,28;2024