Legal Notices

NOTICE OF TRUSTEES’ SALE NOTICE IS HEREBY GIVEN that the Trustees, or either of them, will conduct a sale of the below-described property (the “Property”) at the north front door of the Kanawha County Courthouse, 407 Virginia Street E, Charleston, West Virginia on Tuesday July 9, 2024 1:30 p.m. This sale will be made under that certain instrument entitled “A Credit Line Deed of Trust” (the “Deed of Trust”) dated January 10, 2011 between John W. Parker, as grantor, and W. Bradley Sorrells and Charles F. Saffer, as trustees, recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Trust Deed Book 3772 at Page 394, to secure payment of a promissory note of the same date (“the Note”) in the principal amount of One Hundred Fifteen Thousand Dollars ($115,000). The beneficiary under the Deed of Trust is George Brothers Investment Partnership, a West Virginia general partnership (the “Beneficiary”). Being authorized and empowered to designate and appoint one or more substitute trustees in the place and stead of the trustees, the Beneficiary designated and appointed the undersigned Lindsay M. Stollings, as substitute trustee, replacing Charles F. Saffer, by that certain Notice of Substitution of Trustee recorded in said Clerk’s office on May 28, 2024, in Trust Deed Book 4693 at Page 580. W. Bradley Sorrells and Lindsay M. Stollings are referred to collectively herein as the “Trustees.” DESCRIPTION OF PROPERTY: The Property subject to the Deed of Trust and to be sold by the Trustees consists of all of the Trustees’ right, title and interest in and to the following parcels: All those certain lots, or parcels of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in Poca District, Kanawha County, West Virginia, and being more particularly bounded and described as follows: TRACT ONE: All of Tract No. Fifteen(15) containing 68 671/800 acres, more or less, and Tract No. Sixteen(16) containing 69 acres, more or less, of the partition of the Thomas H. Newhouse Estate, Sissonville, Kanawha County, West Va., made August, 1931, by J. H. High, Engineer, which map is of record in the office of the Clerk of the County Commission of Kanawha County, West Virginia, in Photostatic Map Book 7 at pages 22 and 23, and being all of Tract Three conveyed unto Eugene Nisly and Lyndell Crisenbery, by John W. Parker, by deed dated November 6, 2003, of record in said Clerk’s Office in Deed Book 2590 at page 360. TRACT TWO: all that certain lot, tact or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in Poca District, Kanawha County, West Virginia, more particularly bounded and described as follows: Beginning at a stake in line of N. Dawson and corner to John Hale; thence S. 67 degrees E. 12 poles to a poplar; S. 12-ONE-HALF degrees E. 182 poles to a stake in the Bruen line and with the same S. 51 degrees W. 24 poles to a stake and pointer comer to a tract (233) of David Fisher and with one line of same S. 85 degrees W. 60 poles to a hickory and comer to William Young with line of same N. 42 degrees W. 104-ONE-HALF poles to a stake and pointer comer to John Hale and with the same N. 29 degrees E. 132 poles to the place of beginning containing 106 acres, more or less, and being the same property conveyed unto Eugene Nisly and Lyndell Crisenbery, by John W. Parker, by deed dated November 2003, of record in the office of the Clerk of the County Commission of Kanawha County in Deed Book 2590 at page 357. There is a reserved and excepted from the operation of this conveyance a parcel of land (25 acres) which Davis Moss conveyed to Henry Moss and Edna Moss by deed dated May 11, 1907, of record in said Clerk’s office in Deed Book 110, at page 573. All that certain lot, tact or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate on the waters of Little Sandy Creek, in Elk District, Kanawha County, West Virginia, bounded and described as follows: TRACT THREE: BEGINNING at a small stone on south side of Big Fork of Little Sandy near the Atkinson Chapel; thence S. 1 deg. E. 45 poles to a stone and two small bushes-pointers on a dividing ridge; thence S. 52 deg. E. 95-15/8 poles to an old stump comer to G. R. Chandler; thence S 62-31/2 deg. E. 4-45/8 poles to a locust; thence with the margin of the rocks S. 43 deg. W. 11-15/8 poles to a locust; thence S. 15-ONE-HALF W. 5 poles 7 links to a locust; thence S. 66-ONE-QUARTER deg. W. 5 poles to a black oak pointer; thence S. 51 deg. W. 6-23/8 poles to a chestnut; thence S. 27-31/2 deg. W. 13 poles 12 links to an ash and cluster of small chestnut oaks; thence S. 1 1 deg. E. 26 poles 3 links to a small maple; thence S. 14-ONE-QUARTER deg. E. 7-25/8 poles to a stone and lynn pointer; thence S. 69-ONE-QUARTER deg. W. 3 poles to a stone; thence S. 22-ONE-HALF deg. E. 91-31/2 poles to a stone in a line of W. H. Huffman; thence S. 64 deg. W. 33 poles 7 links to a stone, comer to R. H. Canterbury; thence N. 15 deg. W. 12 poles to a stake and pointers; thence N. 23-ONE-HALF deg. W. 7-ONE-HALF poles to a locust; thence N. 43-ONE-QUARTER deg. W. 5 poles to a locust; thence N. 42 deg. W. 14 poles to a stake and pointer; thence N. 14-ONE-HALF deg. W. 4-31/2 poles to a stake and pointer; thence N. 20-ONE-QUARTER deg. W. 8 poles to a small chestnut oak on top of a large rock; thence N. 9-ONE-HALF deg. W. 9 poles 16 links to a black oak; thence N. 18-31/2 deg. E. 29-15/8 poles to a chestnut; thence N. 28-ONE-HALF deg. W. 40 poles to a chestnut oak; thence S. 85-31/2 deg. W. 77 poles to a black oak, comer to E. E. Robertson; thence N. 34 deg. E. 37 poles 4 links to a stone; thence N. 18-31/2 deg. W. 13-ONE-HALF poles to two small black oaks; thence N. 56 deg. W. 115-31/2 poles to a stake and small walnut pointer at Little Sandy Creek; thence with the meanderings of Little Sandy and Big Fork (up-streams) N. 39-ONE-HALF deg. E. 14 poles; thence N. 66 deg. E. 8 poles; thence N. 55-31/2 deg. E. 14 poles; thence N. 33-ONE-HALF deg. E. 14 poles; thence N. 55-31/2 deg. E. 16 poles to the mouth of Big Fork; thence N. 77-31/2 deg. E. 10 poles; thence N. 35 deg. E. 10 poles; thence N. 59-ONE-QUARTER deg. E. 20 poles; thence N. 87-31/2 deg. E. 39-ONE-HALF poles to the place of beginning, containing 146 acres 106 square rods, more or less, and being the same property conveyed unto John W. Parker by Bertha Mae Huckaby, widow, by Deed dated October 5, 19961, and of record in the aforesaid Clerk’s Office in Deed Book 2349, at page 526. There is excepted and reserved from the above conveyance that certain tract of fifteen (15) acres, more or less, conveyed by Cora B. Chandler and A. P. Chandler, her husband to Cora Atkinson, by Deed dated February 28, 1941 , and of record in the aforesaid Clerk’s Office in Deed Book 624, at page 493 , to which deed reference is also made for a more particular description. TERMS OF SALE: 1. Cash in hand at the time and place of sale or such other terms as may be acceptable to the Trustees. At the sale, any person or entity may submit, bid, and subject to the below-noted right of the Trustees to reject bids, may purchase the Property if they are the highest bidder. 2. The Trustees reserve the right to offer the Property described hereabove as a whole and to contingently accept the highest bid thereon. Thereafter, bids will be taken separately and contingently accepted on the above-described tracts separately. After the offering of said property as set forth herein, the bid or bids submitted will be accepted in a manner that will result in the highest total price for all of the property. The Trustees reserve the right to reject all bids or to accept only the highest bid on one fract if the proceeds thereof will be sufficient to discharge the indebtedness under the Deed of Trust. 3. The sale of the Property will be made subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real estate, and any and all unpaid taxes assessed against said property. 4. Any sale hereunder may be adjoumed from time to time without notice other than oral proclamation at the time and place appointed for the sale. 5. The Trustees reserve the right to reject any or all bids. 6. Conveyance shall be by special warranty deed, and the purchaser shall pay for all transfer stamps, recording fees, and other closing costs. 7. The Property will be sold AS IS, WHERE IS, in its present condition, with all faults and defects, without warranty of any kind. 8. The Trustees shall not have any duty to cause any occupant to vacate the Property. Dated: June 4, 2024 W. Bradley Sorrells (WV 4991) Lindsay M. Stollings (WV 13923) Robinson & McElwee PLLC Post Office Box 1791 Charleston,