Marion

Legal Notice

TRUSTEES’ SALE OF
VALUABLE REAL ESTATE

1612 Pleasant Valley Road,
Fairmont, WV 26554

In a Deed of Trust dated August 24, 2018, and duly recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed of Trust Book 1206, at page 649 Helen G. Wilmoth did convey unto CARL D. ANDREWS, ESQ., Trustee, certain real property. The beneficial holder of that Deed of Trust has elected to appoint Terra Abstract Trustee West Virginia, Inc. as substitute trustees by a Substitution of Trustee recorded in the aforesaid Clerk’s Office. Default having occurred under the Deed of Trust and the beneficial holder having instructed the undersigned Trustees to foreclose, this real property will be sold at public auction at the front door of the Marion County Courthouse, Adams Street, Fairmont, West Virginia 26554 on:

December 21, 2023
At 02:30 PM
The property for sale as described by the Deed of Trust is as follows:

ALL THAT CERTAIN PARCEL OF LAND AND LOT, TOGETHER WITH THE PRIVILEGES AND APPURTENANCES THEREUNTO BELONGING, SITUATE IN UNION DISTRICT, MARION COUNTY, WEST VIRGINIA, IN THE CARPENTER ADDITION, A MAP OR PLAT OF WHICH IS OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF MARION COUNTY, WEST VIRGINIA, IN DEED BOOK NO. 394, AT PAGE 477, DESCRIBED AS FOLLOWS:

LOT NUMBER TWO (2) IN SAID CARPENTER ADDITION, AND FOR A MORE PARTICULAR DESCRIPTION OF SAID LOT, SAID MAP OR PLAT IS HEREBY EXPRESSLY REFERRED TO; EXCEPTING AND RESERVING THEREFROM THAT PART OF SAID PARCEL OF LAND THAT WAS CONVEYED TO JOHN E. YOST AND PATTY YOST BY DEED FROM WILLA VIRGINIA MORGAN DATED SEPTEMBER 28, 1956, OF RECORD IN SAID CLERK”S OFFICE IN DEED BOOK NO. 577, AT PAGE 150, AND WHICH IS MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:

BEGINNING AT AN IRON PIN IN THE SOUTHWESTERLY LINE OF PRICE STREET, AT THE WESTERN MOST CORNER OF LOT NO. THREE (3) OF SAID ADDITION AND RUNNING THENCE WITH THE SOUTHWESTERN LINE OF SAID LOT NO. THREE (3) S. 48 DEGREES 30 MINUTES E. 72.00 FEET TO AN IRON PIN IN SAID LINE; THENCE RUNNING THROUGH SAID LOT NO. TWO (2) S. 28 DEGREES 19 MINUTES W. 102.45 FEET TO AN IRON PIN IN THE NORTHEASTERLY LINE OF LOT NO. ONE (1) OF SAID ADDITION; `THENCE RUNNING WITH SAID LAST MENTIONED LINE, N. 48 DEGREES 30 MINUTES W. 87.50 FEET TO A POST IN SAID LINE OF PRICE STREET; AND RUNNING THENCE WITH SAID LINE OF PRICE STREET, N. 37 DEGREES 00 MINUTES E. 100 FEET TO THE PLACE OF BEGINNING.

APN: 14/0054 0000 0000

BEING THE SAME PROPERTY CONVEYED TO HELEN G. WILMOTH BY DEED FROM MILDRED DIANE BOMBARD, WIDOW RECORDED 07/06/2018 IN DEED BOOK 1233 PAGE 342, IN THE CLERK`S OFFICE OF THE COUNTY COMMISSION OF MARION COUNTY, WEST VIRGINIA.

The purchaser will take the property subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real property.
The purchaser will be responsible for paying any transfer stamp, excise taxes, and recording costs associated with recording the Trustee’s Deed into their name.
The purchaser will be responsible for paying any unpaid property taxes owed to the Sheriff of Marion County prior to or following the sale directly to the Sheriff.
The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance having priority over the deed of trust referred to herein.
The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance that is junior (“junior claims”) to this Deed of Trust and to which sufficient notice was not given. In that case, unless such right to notice is waived, the chain of title shall not merge with this Deed of Trust as to those unnoticed deeds of trust, judgments, liens, and other encumbrances and will be subject to a further noticed and published sale under this Deed of Trust pursuant to W.Va. Code 38-1-4, in which bidding shall resume at the last highest bid given. In the event of a surplus of such sale, the mortgagors and noticed junior lienholders are hereby on notice that if such surplus is less than Two Thousand Five Hundred Dollars ($2,500.00), then the Substitute Trustee will disburse those proceeds to the most senior interest holder as it sees fit, unless an objection is made in writing.
The Trustees do not guarantee or represent that the boundaries described above are accurate, are not encroached upon, or that any particular structure located on the property is contained within the described boundaries. The property is therefore sold subject to an accurate survey at purchaser’s expense.
The Trustees reserve the right to adjourn the sale, for a time, or from time to time, by announcement at the time and place of sale described above or any adjournment thereof. Such adjournment will be noticed by posting a notice at the front door of the county courthouse or where such notices are traditionally posted at the county courthouse. Such notice will include the date and time when such sale will reconvene.
The Trustees reserve the right to reject any and all bids for any reason.
The Trustees make no representations as to the condition of the property. The property will be sold in “AS IS” condition.
The Trustees make no representations as to whether the property is occupied. The purchaser is responsible for gaining access and possession of the property. Trustees shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
The purchaser may assign its rights prior to the delivery of the trustee’s deed by a signed request in writing to the trustee; the assignee of the purchaser shall be bound by all terms and conditions applicable to the purchaser.
The Trustees will deliver a trustees’ deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code §38-1-6. The Trustees make no representations and warranties about the title of the real estate to be conveyed. If the Trustees are unable to convey insurable or marketable title to purchaser for any reason, purchaser’s sole remedy is return of deposit.
TERMS OF SALE: Purchaser must bring $11000.00 cash in hand at the time of sale as a deposit in the form of a certified check or cashier’s check made payable to “Stern & Eisenberg, PC, counsel for Terra Abstract Trustee West Virginia, Inc.” Those appearing without their deposit will not be allowed to bid. The balance of the successful purchaser’s bid must be proffered in cash within 30 days of the date of the sale. Purchaser shall pay for transfer stamps and recording fees. Additional terms of sale may be announced prior to the sale.

Terra Abstract Trustee
West Virginia, Inc.
1581 Main Street, Suite 200
The Shops at Valley Square
Warrington, PA 18976
(215) 572-8111,
Fax: (215) 572-5025
www.sterneisenberg.com

ID: 749895

Mercer

Legal Notice

IN THE FAMILY COURT OF
MCDOWELL COUNTY,
WEST VIRGINIA

Civil Action No. 23-D-101

IN RE:
The Marriage of:
Calvin Ray Sturgil
Petitioner

and

April Renae Sturgill
Respondent

ORDER OF PUBLICATION

THE OBJECT OF THIS SUIT IS TO OBTAIN A DIVORCE. THIS IS A PUBLICATION BY CLASS II LEGAL ADVERTISEMENT.

To the Above-Named
Respondent:

It appearing by affidavit filed in this action that April Renae Sturgill is a non-resident of the State of West Virginia or has an unknown address. It is hereby ordered that April Renae Sturgill serve upon Calvin Ray Sturgill, Circuit Clerk’s Office, whose address is 90 Wyoming St. Suite 201 Welch, West Virginia, an Answer, including any related counterclaim or defense you may have to the Petition For Divorce filed in this action on or before November 28, 2023. If you fail to Answer the Petition for Divorce, a judgment may be taken against you for the relief demanded in the Petition.
A copy of said Petition can be obtained from the undersigned Clerk’s Office.
Entered by the Clerk of said Court 10/23/23.

Francine Spencer/Tina Strong
Clerk of the Court

ID: 748462

Raleigh

Legal Notice

NOTICE OF TRUSTEE’S SALE

NOTICE OF TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, WV Trustee Services, LLC, by that certain Deed of Trust dated February 29, 2012, executed by Borrower(s), Brandon J Davis, to Marc J. Slotnick, the Trustee of record in the office of the Clerk of the County Commission of Raleigh County, West Virginia, in Book 5046, at Page 4416. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 478 Upper Rock Creek Rd, Rock Creek, WV 25174. WV Trustee Services, LLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated August 8, 2023, of record in the Clerk’s Office. The borrower(s) defaulted under the Note and Deed of Trust and the Substitute Trustees have been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustees will sell the following described property to the highest bidder at the front door of the Courthouse of Raleigh County, in Beckley, West Virginia, on the following date:

9th day of November, 2023 at 11:45 a.m.

ALL THAT PARCEL OF LAND IN RALEIGH COUNTY, STATE OF WEST VIRGINIA, AS MORE FULLY DESCRIBED IN DEED BOOK 563, PAGE 525 AND BOOK 525 PAGE 51 1D# 17-0025.01 AND 17-26 AND 17-25, BEING KNOWN AND DESIGNATED AS: BEGINNING AT A STONE ON THE NORTH SIDE OF ROCK CREEK; THENCE RUNNING WITH A LINE OF HARRY G. PETERS, N 64 DEGREES 45` W 340 FEET TO A STONE IN THE FIELD NEAR ROCK FENCE A CORNER WITH HARRY G. PETERS; THENCE N. 22 DEGREES 5` E 122 FEET TO A STONE AT THE EDGE OF THE COUNTY ROAD ON THE NORTH SIDE OF ROCK CREEK; THENCE N 79 DEGREES E 60 FEET TO A STONE IN THE PUBLIC ROAD 5 FEET NORTH OF A HOLLY BUSH; THENCE S. 80 DEGREES E 157 FEET TO A STONE ON THE UPPER SIDE OF THE COUNTY ROAD; THENCE S 9 DEGREES E 242 1/2 FEET TO THE POINT OF BEGINNING, CONTAINING 1 ACRE MORE OR LESS. ALSO TRACT NO. 1: BEGINNING AT TWO OAKS AND A HICKORY AT OR NEAR THE TOP OF THE MOUNTAIN, CORNER OF BEN RICHARD AND MAJOR SURRATTS LINE TO THE LINE JOINING THE LAND OF ARTHUR D. BRADFORD; THENCE DOWN A LONG RIDGE AS IT MEANDERS N. 22 DEGREES W. 7-3/5 POLES TO A STAKE; THENCE N. 4 1/2 DEGREES E. 62 POLES TO A STAKE; THENCE N. 23 DEGREES E. 42 POLES CROSSING ROCK CREEK TO A SMALL SYCAMORE ON THE RIGHT HAND BANK OF ROCK CREEK; THENCE UP STREAM AS IT MEANDERS TO THE CORNER OF JOHNNY L. CLAY AND BEN RICHMOND; THENCE UP A RIDGE WITH THE LINE OF BEN RICHMOND BY PROTRACTION TO THE BEGINNING CORNER, CONTAINING 25 ACRES, IN FEET MORE OR LESS, THIS TRACT BEING COMMONLY KNOWN AS BONE LICK HOLLOW, THIS BEING THE TRACT AND MINERAL CONVEYED TO LEWIS W. BRADFORD BY JOHN A. BRADFORD AND OTHERS AS FOUND IN DEED BOOK S AT PAGE NO. 88 IN THE OFFICE OF THE CLERK OF THE COUNTY COURT OF RALEIGH COUNTY, BECKLEY, WEST VIRGINIA TO WHICH REFERENCE IS HEREBY MADE FOR MORE COMPLETE DESCRIPTION. TRACT NO. 2: BEGINNING AT A SYCAMORE STUMP ON THE NORTH SIDE OF ROCK CREEK, AND IN A LINE TO JOHN L. CLAY; THENCE CROSSING THE CREEK S. 16 DEGREES 49` W. 566.3 FEET TO A STAKE ON A RIDGE, IN A LINE OF THE L.W. BRADFORD 25 ACRE TRACT; THENCE WITH LINES OF THE SAID 25 ACRE TRACT UP THE RIDGE TO A CHESTNUT, A CORNER TO A TRACT OF LAND OWNED BY A.D. BRADFORD; THENCE DOWN THE RIDGE WITH LINES OF THE SAID A.D. BRADFORD TRACT TO A DOGWOOD AT THE WEST END OF THE BRADFORD CEMETERY; THENCE N. 30 DEGREES 09` W. 501.3 FEET TO A STAKE ON THE NORTH BANK OF ROCK CREEK; THENCE UP THE CREEK N. 46 DEGREES 29` E. 256.2 FEET; THENCE N. 66 DEGREES 06` E. 191.9 FEET; THENCE N. 54 DEGREES 03` E. 228.1 FEET; THENCE N. 86 DEGREES 33` E. 125.2 FEET TO AN “X” ON A ROCK 13.6 FEET EAST FROM THE EAST SIDE OF A CULVERT AT THE MOUTH OF THE LICK HOLLOW; THENCE S. 26 DEGREES 17` E. 253.1 FEET TO A STONE IN THE BEND OF THE CREEK; THENCE S. 69 DEGREES 25` E. 351.5 FEET TO THE BEGINNING, CONTAINING 25 ACRES, MORE OR LESS. LESS AND EXCEPT ALL THAT PIECE OR PARCEL OF LAND CONVEYED IN BOOK 30 PAGE 1309 BEING MORE FULLY DESCRIBED AS: BEGINNING AT A STAKE ON THE NORTH BANK OF ROCK CREEK AT THE COMMON CORNER OF THE PROPERTY PRESENTLY OWNED BY THE GRANTEES: THENCE N. 46 DEGREES 29` E. ALONG THE BANK OF SAID CREEK 50 FEET TO A POINT THENCE THROUGH THE PROPERTY OF THE GRANTORS S. 30 DEGREES 09` E. 221 FEET TO A FENCE, THENCE S. 46 DEGREES 29` W. 50 FEET TO THE COMMON CORNER OF THE PROPERTY NOW OWNED BY THE GRANTEES: THENCE N. 30 DEGREES 09` W. ALONG THE COMMON BOUNDARY LINE OF THE GRANTORS AND GRANTEES HEREIN 221 FEET TO THE BANK OF SAID CREEK TO THE POINT AND PLACE OF BEGINNING. AND BEING PART OF TRACT 2 ACQUIRED BY THE GRANTORS HEREIN BY DEED FROM ARTHUR D. BRA DFORD AND LULA BRADFORD, DATED FEBRUARY 22, 1973 AND RECORDED IN THE AFORESAID CLERK`S OFFICE IN DEED BOOK 525 PAGE 73.   LESS AND EXCEPT ALL THAT PIECE OR PARCEL OF LAND CONVEYED IN BOOK 131 PAGE 2590 BEING MORE FULLY DESCRIBED AS: BEGINNING AT A ROOF BOLT IN OLD FRANCES ROW A CORNER TO HARRY G. PETERS AND SUE PETERS, HIS WIFE, AT ROCK CREEK, MARSH FORK DISTRICT, RALEIGH COUNTY, WEST VIRGINIA, THENCE LEAVING OLD FENCE AND GOING ACROSS BOTTOM S. 30 DEGREES 09 E. 221.00 TO A ROOF BOLT AT THE EDGE OF ROCK CREEK; THENCE RUNNING UP ROCK CREEK S. 51 DEGREES 06 W. 292.15` TO A ROOF BOLT; THENCE LEAVING THE CREEK AND RUNNING ACROSS BOTTOM N. 19 DEGREES 30 W 245.00` TO A ROOF BOLT IN OLD FENCE ROW; THENCE WITH OLD FENCE ROW N. 54 DEGREES 04 E 244.71` TO A ROOF BOLT IN OLD FENCE ROW THE POINT OF BEGINNING CONTAINING 1.44 ACRES MORE OR LESS. THE GRANTORS FURTHER GRANT UNTO THE GRANTEES A RIGHT-OF-WAY ACROSS THE REMAINING PORTION OF THEIR PROPERTY LEADING FROM THE SOUTHWESTERN CORNER OF THE ABOVE MENTIONED PROPERTY AND RUNNING PARA LLEL TO ROCK CREEK IN A SOUTHWESTERLY DIRECTION APPROXIMATELY 500 FEET TO THE BRIDGE ACROSS ROCK CREEK WHICH SAID RIGHT-OF-WAY IS 16 FEET IN WIDTH. LESS AND EXCEPT ALL THAT PIECE OR PARCEL OF LAND CONVEYED IN BOOK 5015 PAGE 7055 BEING MORE FULLY DESCRIBED AS: BEGINNING AT A ROOF BOLT ON ROCK CREEK, N.E. CORNER TO JOHN KETARKUS AND DENISE KETARKUS, BROTHER AND SISTER, AND COMMON WITH SUE PETERS , AT MARSH FORK DISTRICT , RALEIGH COUNTY , WEST VIRGINIA; THENCE RUNNING UP ROCK CREEK N. 14 DEGREES E. 70` TO A ROOF BOLT; THENCE LEAVING THE CREEK AND RUNNING ACROSS THE BOTTOM AND UPHILL S. 29 1/2 DEGREES E. 505` TO A ROOF BOLT AT AN OLD FENCE LINE; THENCE S. 42 DEGREES W. 306` TO AND ALIGNED WITH THE NORTH FENCE OF L.W. BRADFORD TO N.W. CORNER POST OF SAME; THENCE RUNNING DOWNHILL N. 29 1/2 DEGREES W. 251` TO A ROOF BOLT IN OLD FENCE ROW; THENCE N. 12 DEGREES 294.71` E. ALIGNED WITH OLD FENCE ROW TO A ROOF BOLT; THENCE N. 62 DEGREES E. 245` TO A ROOF BOLT, THE POINT OF BEGINNING, CONTAINING 2.03 ACRES MORE OR LESS.

TERMS OF SALE:

1) The property will be conveyed in an “AS IS” physical condition by Deed containing no warranty, express or implied, subject to the Internal Revenue Service right of redemption, all property taxes, prior Deeds, liens, reservations, encumbrances, restrictions, rights-of-ways, easements, covenants, conveyances and conditions of record in the Clerk’s office or affecting the subject property.

2) The Purchaser shall be responsible for the payment of the transfer taxes imposed by the West Virginia Code § 11-22-1.

3) The Beneficiary and/or the Servicer of the Deed of Trust and Note reserve the right to submit a bid for the property at sale.

4) The Trustee reserves the right to continue sale of the subject property from time to time by written or oral proclamation, which continuance shall be in the sole discretion of the Trustee.

5) The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate said property, and any personal property and/or belongings remaining at the property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY.

6) The total purchase price is payable to the Trustee within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale.

WV Trustee Services, LLC,
Substitute Trustee

BY: Dionne Reynolds,
Limited Signing Officer
WV Trustee Services, LLC
McGuire Office Center
618 Tenth Street, Suite 108
Huntington, WV 25701
(304) 853-3336
dionne.reynolds@
wvtrusteeservices.com

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