Legal Notices

NOTICE OF CONTINUED SUCCESSOR TRUSTEE’S SALE Notice is hereby given, by virtue of the authority vested in the undersigned Successor Trustees, Eric M. Johnson and R. Douglas Calderwood, by that certain Deed of Trust made by Roger L. Shafer and Paula D. Shafer, dated October 19, 2007 and recorded October 22, 2007 in the office of the Clerk of the County Commission of Kanawha County, West Virginia in Trust Deed Book 3513 at page 212, the said Successor Trustees acting by virtue of that certain Appointment of Successor Trustee dated September 17, 2019 and recorded September 23, 2019 in the aforesaid Clerk’s office in Trust Deed Book 4383, at page 905, 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 property location: 51 Upper Pinch Road, Elkview, WV 25071, on June 30, 2020 at 11:00 a.m., all that certain lot, piece or parcel of real property, together with improvements thereon, situate in Elkview, Elk District, Kanawha County, West Virginia, being more particularly bounded and described as follows: TRACT ONE: All that certain parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate on the waters of Pinch Creek, Elk District, Kanawha County, West Virginia, and being all of Lot 2 as shown on map entitled, “Plat Showing Survey of a 5 Acres Tract and Division Into Lots 1 and 2 Located on W. Va. County Route 52/2 Near Pinch For Power Plant Service, Inc. Being Part of a 24 Acres Tract And part of a 6 Acre Tract Situate On The Waters of Pinch Creek Elk District, Kanawha County, West Virginia, Scale: 1″ = 100′ Dated: February 10, 1988″, prepared by Dunn Engineers, Inc., attached to and made a part of that certain deed of record in the office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 2232, at page 63; and being all the same property conveyed to Roger L. Shafer and Paula D. Shafer, husband and wife, from Power Plant Service, Inc., a West Virginia corporation, by deed dated November 19, 1996, and of record in the said Clerk’s office in Deed Book 2399, at page 588. The subject property is made subject to the prior reservation of all minerals as reserved in the deed of record in the said Clerk’s office in Deed Book 228, at page 396. TRACT TWO: All that certain tract of land, together with the improvements thereon and the appurtenances thereunto belonging, situate and being on the waters of Pinch Creek of Elkview, Elk District, Kanawha County, West Virginia, being more particularly described as follows: BEGINNING at an iron pin at a point in the northerly side of W. Va. County Route 52/2 and a point in the southwest corner of property belonging to Irene Cummings; thence N. 50 35′ 28″ W., 178.15 feet to a one-half inch rebar with yellow cap set on the edge of the W. Va. County Route 52/2 right-of-way; thence N. 3 12′ 43″ E., 743.68 feet to a one-half inch rebar set with yellow cap; thence S. 80 12′ 43″ W. to a one-half inch rebar with yellow cap set in a hollow; thence N. 12 52′ 59″ E., 830.86 feet to a black oak stump; thence S. 72 22′ 3″ E., 332.19 feet to a large oak with three hacks; thence S. 24 11′ 7″ E., 151.47 feet to an iron pin; thence S. 50 19′ 6″ E., 122.54 feet to an iron pin; thence S. 22 17′ 10″ E., 198.46 feet to an iron pin; thence S. 44 18′ 11″ E., 20.526 feet to a black oak with three hacks; thence N. 80 48′ E., 1,065.04 feet to an iron pin; thence S. 16 54′ 6″ W., 959.44 feet to a white oak with three hacks; thence S. 10 13′ 8″ W., 97.24 feet to an iron pin; thence S. 2 51′ 3″ E., 151.20 feet to a white oak with three hacks; thence S. 51 15′ 57″ W., 128.01 feet to a one-half inch rebar with yellow cap set; thence S. 77 50′ 57″ W., 81.16 feet to a one-half inch rebar set with yellow cap; thence N. 14 45′ 18″ E., 150 feet to an iron pin; thence N. 13 08′ 58″ E., 154.77 feet to an iron pin; thence N. 11 45′ 33″ E., 85.28 feet to a pin; thence N. 3 50′ 57″ E., 314.55 feet to one-half inch rebar set with yellow cap; thence S. 89 45′ 18″ W., 348 feet to a one-half inch rebar set with yellow cap; thence S. 2 23′ 21″ W., 579.13 feet to an iron pin; thence N. 86 24′ 28″ W., 125.37 feet to an iron pin; thence N. 69 56′ W., 67.40 feet to an iron pin; thence N. 80 5′ 9” W., 283.53 feet to the place of beginning, containing 36.12 acres; and being part of the same property conveyed to Roger L. Shafer and Paula D. Shafer, from Power Plant Service, Inc., by deed dated October 20, 1988, of record in the office of the Clerk of the County Commission of Kanawha County, West Virginia in Deed Book 2213, at page 431, further designated as “TRACT I” thereon. At the time of execution of the deed of trust, the grantor represented that the address of the property was 51 Upper Pinch Road, Elkview, WV 25071. Joe R. Pyle Auction Service will assist with the sale, along with the Successor Trustee. Pursuant to the Deed of Trust, the Successor Trustee may act by agent in the execution of the sale. TERMS OF SALE: A Ten percent (10%) buyer’s premium will be added to the high bid for the property. The high bidder shall pay 20% of its bid in hand on the day of sale (the “Good Faith Deposit”), with the balance to be paid in cash at closing within 14 days after the date of sale. The property 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 purchaser 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 stamps to be affixed to the deed). The Successor Trustees and WesBanco Bank, Inc. shall not be responsible for the removal of any person or personal property from the properties. Additional terms and conditions shall be announced at the sale. 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: May 14, 2020 Eric M. Johnson Esq. R. Douglas Calderwood Successor Trustees 200 Capitol Street Charleston, WV 25301 (304) 347-4253 LC-92662 05/20,27;2020