Legal Notices

NOTICE OF TRUSTEE’S SALE Pursuant to the authority vested in the undersigned J. Patrick Jones, Substitute Trustee by Notice of Substitution of Trustee which notice is of record in the Office of the Clerk of the County of Commission of Cabell West Virginia, and by Deed of Trust dated June 12, 2003, executed by Debora A. Ross to P. Michael Pleska and F Thomas Graff, Jr., Trustees, which deed of trust is of record in the Office of the Clerk of Cabell County, West Virginia, in Trust Deed Book 1849 at Page 305, the undersigned Substitute Trustee has been requested, in writing, by the beneficiary of said deed of trust to sell the real estate described below, as there has been a default under the terms and conditions of said deed of trust. Therefore, the undersigned Substitute Trustee will sell the real estate described in the Deed of Trust, at a public auction on September 26, 2019 at 10:00 a.m. to the highest bidder at the east front door of the Courthouse of said County of Cabell, in Huntington, West Virginia, which real estate is more completely described as follows: Parcel One All that certain piece, parcel or tract of real estate, situate on the waters of John’s Creek, in Grant District, Cabell County, West Virginia, and particularly bounded and described as follows: BEGINNING at a stake and stone on a point above the house, being the westernmost corner of the J.B. Cremeans four acre tract of land; thence running from said beginning down the point, S 34 50′ E., 350.4 feet to a stake near the foot of point; thence around near the foot of the hill, N 26 30′ E., 48 feet to a stake from which a six inch apple tree bears N 62 W., 6 feet; thence N 9 E., 136 feet to a stake, thence; N 34 W. 136 feet to a stake; thence N 59 30′ W., 148 feet to a stake in the old line, which stake stands S 26 W., 50 feet from the original corner of said four acre tract; thence with said original line S 26 W., 156.6 feet to the BEGINNING, containing 1.42 acres, be the same more or less. Together with an easement for ingress and egress over the existing roadway described on the plat as a 12 foot wide gravel drive leading to John’s Creek Road. Together with any lands of the grantor situate under the block garage shown on the plat. Parcel Two All that certain tract, piece of 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 an iron pipe set in the Southwesterly corner of Lot No. 3 of the Cremeans Subdivision, recorded in Deed Book 577, at Page 67 in the Office of the Clerk of the County Court of Cabell County, West Virginia, thence from the BEGINNING, leaving said lot S. 34 46′ W. 156.73 feet to a maple in the line of Homer and Maralene Fowble; thence N. 28 19′ W. 249.05 feet to a Maple with three hacks; thence N. 67 38′ W. 313.21 feet to an Oak marked with three hacks; thence N. 78 13′ W. 72.71 feet to a dead Oak with fence wire; thence N. 77 16′ W. 176.65 feet to an Oak with three hacks; thence N. 58 49′ W. 68.68 feet to an Oak in the fence line; thence leaving the line of Fowble and with the line of E.W. Cooper N. 28 39’W., 340.86 feet to an Oak in said fence line; thence continuing with said Cooper N. 12 09′ W., 177.52 feet to a fence post at the corner near the fence gate; thence still with said Cooper n. 23 22′ E. 281.07 feet to a fence post by a Hickory; thence . 8 47′ E. 246.67 feet to a 6′ Hickory in the fenceline; thence leaving the line of E.W. Cooper and with the line of Elias C. Black Sr. S 72 09; E. 215.39 feet to a 30″ Elm; thence S. 77 34′ E. 125.00 feet to a 36″ Oak; thence S. 71 34′ E. 270.80 feet to a double chestnut Oak; thence S. 66 32′ E. 211.10 feet to a Black Walnut; thence leaving the line of the before mentioned Black and with the line of Albert Wellman and others S. 34 00′ W. 40.00 feet to a fence post; thence S 29 41′ W., 105.54 feet to a Sycamore, thence S. 28 59′ W. 72.83 feet to a 12″ Pine; thence S. 39 18′ E. 412.87 feet to an iron pipe set in the Easterly line of a 12 foot right of way, recorded in Deed Book 486, page 260; thence crossing said right of way S. 41 07 W. 13.10 feet at an iron pin set in the Easterly line of Robert L. Ryalls, thence with Ryalls line N 54 56′ W. 243.99 feet to an iron pipe; thence N. 66 38′ W. 60.25 feet to an iron pipe; thence S. 52 19′ W. 36.08 feet to an iron pipe set at the base of a poplar, thence S. 42 42′ E., 306.84 feet to an iron pin set in the Northwesterly corner of Lot “B” as recorded in Deed Book 567, at page 3; thence leaving Ryalls line and with the westerly line of Lot “B” S. 17 19′ E. 1779.31 feet to a point in the Northwesterly corner of lot “A” recorded in Deed Book 670, at page 490; thence with the westerly line of said lot S 5 41′ W. 118.00 feet to a point in the Northerly line of Lot No. 3 on the before mentioned Cremeans Subdivision, thence with the Northerly line of said lot S. 12 54′ W. 124.60 feet to an iron pipe set in the line between Lots 3 and 2 of said Subdivision; thence with the Westerly line of said lot No. 2 S. 13 3′ W. 144.10 feet to an iron pipe; thence with the Westerly line of Lot No. 1 S. 21 37′ W. 111.21 feet to the point of BEGINNNING, containing 19.61 acres. TERMS OF SALE 1. Cash in hand paid on the day of sale. 2. The sale of the property will be made subject to all matters having priority over the deed of trust referred to herein including but not limited to any and all assessments and taxes against said property, all prior liens, encumbrances, lease, restrictions, covenants, conditions, right of ways and easements of any nature whatsoever. 3. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code 11-22-2. 4. The subject property will be sold in “AS IS” condition. The Substitute Trustee makes no representations and warranties of any kind or character including, but not limited to, the condition of the real estate or the title to the real estate to be conveyed. 5. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. 6. The Substitute Trustee reserves the right to adjourn the sale, for a time, or from time to time, without further notice by announcement at the time and place of the sale described above. 7. The beneficiary of the Deed of Trust and holder of the note thereby secured reserves the right to submit a bid for the property at the sale, which bid may be in the form of a credit bid. 8. Such other terms as may be announced at the time of Sale. Given under my hand this 3rd day of September, 2019. J. Patrick Jones, Substitute Trustee 304-529-8560 LH-78555 9-6,13;2019