Legal Notices

NOTICE OF TRUSTEE’S SALE Notice is hereby given that default has occurred in the payment of that certain indebtedness secured by a Deed of Trust dated January 5, 2009, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Trust Deed Book 3633, at page 258 (the “Deed of Trust”), made by Mickey L. Farmer, Jr., and Jeanne M. Farmer (“Grantor”) to Katie L. Hoffman, in her capacity as Trustee (the “Original Trustee”), predecessor in interest to Ian G. Henry (the “Substitute Trustee” or “Trustee”), in favor of Gary E. Holstein and Milodine F. Holstein, the said Gary E. Holstein having died on or about February 26, 2018, and by his Last Will and Testament of record in the aforesaid Clerk’s Office in Will Book 925, at page 486, bequeathed all of his personal effects, other tangible property, and all of the rest, residue and remainder of his estate to his spouse the said Milodine F. Holstein (the “Beneficiary”). The Substitute Trustee was appointed in the Original Trustee’s place and stead, by instrument recorded in the aforesaid Clerk’s Office in Trust Deed Book 4545, at page 350. The Deed of Trust authorizes the Substitute Trustee to act in the enforcement of said Deed of Trust, and the undersigned Substitute Trustee having received such written request from the Beneficiary to enforce said Deed of Trust, will sell at a public auction to the highest bidder, the following hereinafter described real estate, together with any buildings, structures and other improvements located thereon (the “Real Estate”) on: DECEMBER 9, 2021, AT 2:00 P.M., ON THE FRONT STEPS OF THE KANAWHA COUNTY COURTHOUSE, CHARLESTON, WEST VIRGINIA REAL ESTATE DESCRIPTION: BEING all those certain lots or tracts of land, situate on the waters of Billy ‘s Branch of Blue Creek, in Elk Tax District, Kanawha County, West Virginia, and more particularly bounded and described as follows: TRACT ONE: BEGINNING at a No. 4 rebar with cap found beside a 1/2″ iron pipe in disturbed condition, said point being the corner of Lot 14 of the Burke-Parsons-Bowlby land at the intersection of two roads, thence N21-39-30E, running with a road and passing a No. 4 rebar with cap found on line at 257.75 feet, in all 412.95 feet to a No. 4 rebar with cap found beside a 1/2″ iron pipe in disturbed condition, said point being further located S24-23-30E 41.76 feet from a No. 4 rebar with cap found at the common front corner of Lots 11 and 12; thence N81-39-30E 106.80 feet, leaving the said road and running down the hill along a well road to a No. 4 rebar found; thence S35-11E 169.72 feet, running down the hill with the said well road to a point; thence S59-20E 313.44 feet, running with said well road and passing the end of same to a No. 4 rebar with cap found in a gas line right-of-way; thence S6-34-30E 507.80 feet, running with the said gas line right-of-way to a No. 4 rebar with cap found at the common easterly corner between the said Lot 14 and an adjoining parcel of land owned by the Grantors herein; thence S31-48W, leaving the said Lot 14 and the said gas line right-of-way and passing a No. 4 rebar with cap found at 44.97 feet, in all 804.80 feet to a 1/2″ iron pipe found with a 12″ black oak pointer in the line of property owned by Robert J. Bishop; thence S78-08-30W 428.91 feet, running with the said Bishop to a 24″ white oak found, a corner to Lot 8; thence N23-41-30W 316.04 feet, leaving the said Bishop and running with the said Lot 8 to a No. 5 rebar with cap set on the hillside, also a corner to lots 9 and 13; thence N41-25-30E 540.04 feet, leaving the said Lot 9 and running with the said Lot 13 to a No. 5 rebar with cap set on the westerly side of thirty foot wide right-of-way in gas line right-of-way; thence N82-46-30E. 30.00 feet, leaving the said Lot 13 and running across the said thirty foot wide right-of-way to a No. 5 rebar with cap set in said gas line right-of-way at the corner of the aforementioned Lot 14; thence N10-36-30W 206.55 feet, leaving the said gas line right-of-way and running with the said thirty foot right-of-way and Lot 14 to a point in gravel road; thence N13-14-30W 280.47 feet, running with the said thirty foot right-of-way and Lot 14 to the point of beginning, containing in all 19.050 acres, more or less, TRACT TWO: BEGINNING at a No. 5 rebar set on the northerly side of a thirty foot access road leading to Kanawha County Route 49/2, said point being the common front corner between Lots 4 and 10 of the Burke-Parsons-Bowlby property, thence N15-45W 736.65 feet, leaving the said access road and running down the hill and across a drain with the common line between the said Lots 4 and 10 to a 16″ hickory with (2) sets of (3) hacks found at the common corner between Lots 3, 4 and 10; thence S19-40E 103.89 feet, leaving the said Lots 3 and 4 and running with the line of the said Lot 10 to a 2″ iron pipe found disturbed on the southerly bank of a drain; thence N83-12-30E 435.61 feet, running with the line of the said Lot 10 to a 32″ beech with fence wire found at the common northerly corner of Lots 10 and 11; thence N41-42-30E 756.29 feet, running with the northerly lines of Lots 11 and 12 to a No. 4 rebar with cap found; thence S48-01E 418.75 feet, running up the hill with the line of the said Lot 12 to a No. 4 rebar with cap found on the ridge; thence S32-06-30W 147.02 feet, running with the line of the said Lot 12 to a No. 4 rebar with cap found by a graded road; thence S56-30W 355.13 feet, running along the said road to a No. 4 rebar with cap found by the said road at the southerly common corner between Lots 12 and 11, from which point a No. 4 rebar with cap found on the opposite side of said road bears S24-23-30E 41.76 feet; thence S21-40-30W 419.81 feet, leaving the said Lot 12 and running with the said Lot 11 to a No. 4 rebar with cap found at the southerly common corner between Lots 11 and 10; thence following the existing roadway and remaining fifteen feet northerly from the center of same the following eight courses and distances: S42-47W 51.81 feet, S76-02-30W 151.53 feet, S69-30W 48.32 feet, S60-01-30W 43.57 feet, S50-54W 69.48 feet, S46-19W 74.48 feet, S77-43-30W 61.07 feet and S82-52-30W 120.93 feet to the point of beginning, containing in all 14.560 acres, more or less, and being a composite of Lots 10, 11 and 12 of the Burke-Parsons-Bowlby property, The property herein conveyed is shown more fully on a map or plat entitled “PLAT SHOWING LOTS 10, 11, 12 & 14, BURKE-PARSONS-BOWLBY LAND AND AN ADJOINING PARCEL OF LAND SITUATE ON THE WATERS OF BILLY ‘S BRANCH OF BLUE CREEK ELK DISTRICT, KANAWHA COUNTY, WEST VIRGINIA SURVEYED FOR GARY E. HOLSTEIN & MILODINE F. HOLSTEIN SCALE: 1″ = 100’ NOVEMBER 12, 2004” as surveyed and mapped by William R. Gunnoe, Registered Professional Surveyor, a copy of which is recorded with the aforesaid deed. There is included, as a part of this description a non-exclusive, a 30 foot wide right-of-way from Pinch Ridge Road, West Virginia Secondary Route 47/2, for purposes of ingress and egress to the tracts of land herein conveyed, together with those two certain gas line right-of-way easements conveyed to Gary Eugene Holstein, et ux, as follows: (1) From Burke-Parsons-Bowlby Corporation, dated October 10, 1989, and recorded in said Clerk’s Office in Deed Book 2238 at page 71; (2) from Charles Bishop and Anna Faye Bishop, dated November 9, 1989, and recorded in said Clerk’s Office in Deed Book 2238 at page 73. TERMS OF SALE: Sale of the Real Estate will be made by the Trustee by public auction to the highest bidder. The Trustee reserves the right to reject any bid that in the Trustee’s opinion is inadequate. The highest bidder will be required to tender the purchase price in cash or immediately available funds by the end of the day of sale. The Trustee reserves the right to accept or reject such other terms as to payment or delivery of payment as may be made or agreed to by the Trustee and the bidder in advance of the sale. If the successful bidder fails to deliver the total purchase price within the prescribed time, the Trustee may proceed to resell the Real Estate pursuant to the Deed of Trust or, at the discretion of the Trustee, convey the Real Estate to the next highest bidder if such bidder will honor his or her bid. The Trustee also reserves the right to continue the sale of the Real Estate from time to time by oral proclamation or by posting a notice of the same where legal notices are posted in Kanawha County, West Virginia, which continuation shall be in the sole discretion of the Trustee. Should the Trustee not appear at the time appointed for the sale and there is no notice posted of a continuance, please contact the office of the Trustee to make further inquiry. Please direct any inquiries or objections to the sale to the Trustee in writing at the following address: Substitute Trustee, Ian G. Henry, Esquire, at Dinsmore & Shohl LLP, 707 Virginia St. E., Ste. 1300, Charleston, West Virginia 25301 (304) 357-9932. Any sale may be conducted or adjourned by the designated agent or attorney of the Trustee. Beneficiary or Beneficiary’s designee may purchase the Real Estate at the sale, in whatever manner sold, and in such case, the Beneficiary shall have the right to credit against the amount of the successful bid made therefore all or any of the secured debt then due. Conveyance will be made by Trustee’s Deed in the form prescribed by W. Va. Code 38-1-6, subject to all governmental charges and assessments, utility charges, easements, covenants, rights-of-way, conditions and restrictions of record. Every lot or parcel of the Real Estate, and any improvements located thereon, are sold in “AS IS” condition. The Beneficiary of the Deed of Trust does not make any representations or warranties as to the physical condition of the Real Estate. Any and all legal procedural requirements to obtain physical possession of the Real Estate after the sale are the responsibility of the purchaser. Risk of loss or damage will be the purchaser’s from and after the foreclosure sale. All outstanding taxes, assessments and utility charges will be the responsibility of the purchaser. All settlement fees, costs of conveyance, examination of title and recording charges shall be at the expense of the purchaser. Trustee makes no representations regarding the state of title to the Real Estate. If Trustee cannot convey insurable or marketable title, purchaser’s sole remedy is the return of the purchase money paid by the purchaser for the purchase of the Real Estate. The purchaser shall be responsible for the payment of the transfer taxes imposed by Article 2 of Chapter 11 of the West Virginia Code. Sale is made subject to the right of the Internal Revenue Service to redeem the Real Estate as provided by Section 7425 of the Internal Revenue Code of 1986, as amended. Additional terms and conditions shall be announced at sale. Given under my hand this 9th day of November, 2021. Ian G. Henry, Substitute Trustee Dinsmore & Shohl LLP Legal Counsel 707 Virginia St. E., Ste. 1300 Charleston, West Virginia 25301 Phone (304) 357-9932 Fax (304) 357-0919 LC-120033 11-16,23;2021