Legal Notices

NOTICE OF SUCCESSOR TRUSTEE’S SALE Notice is hereby given that by virtue of the following deed of trust: 1. Deed of Trust and Fixture Filing dated February 27, 2003, executed by R.E.X., Inc., a West Virginia corporation, to J. Patrick Jones and J. Grant McGuire, Trustees, to secure Community Trust Bank, Inc., which deed of trust is recorded in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Trust Deed Book 1817, at Page 660. Christopher J. Plybon having been named as successor trustee by instrument of record in the aforesaid Clerk’s Office in Book 365, at Page 410; and 2. Deed of Trust dated February 7, 2007, executed by R.E.X., Inc., a West Virginia corporation, to William T. Watson, Trustee, to secure Community Trust Bank, Inc., which deed of trust is recorded in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Trust Deed Book 2137, at Page 532; amended by Amended Deed of Trust dated February 13, 2008, executed between R.E.X., Inc. and Community Trust Bank, Inc., recorded in the Office of the Clerk of the County Commission of Cabell County, West Virginia in Trust Deed Book 2207, at Page 281; further amended by First Amendment to Deed of Trust dated September 24, 2008 by and among R.E.X., Inc., Community Trust Bank, Inc. as beneficiary, and William T. Watson as Trustee, recorded in the Office of the Clerk of the County Commission of Cabell County, West Virginia in Bonds, Contracts and Leases Book 355, at Page 462; and further amended and extended by Amendment and Extension of Deed of Trust dated May 4, 2018, between R.E.X., Inc. and Community Trust Bank, Inc. of record in the aforesaid Clerk’s Office in Trust Deed Book No. 2708, at Page 125. Christopher J. Plybon having been named as successor trustee by instrument of record in the aforesaid Clerk’s Office in Book 365, at Page 415. This Deed of Trust encumbers only Parcel 3 described below. Default having been made in the payment of the obligations secured by such deeds of trust, the undersigned, Christopher J. Plybon, Successor Trustee, having been required to do so by Community Trust Bank, Inc., the owner and holder of the obligations secured by such deeds of trust, and having full and absolute power and authority in the premises, will on the 26th day of June, 2019, at 10:15 a.m. Eastern Time, offer for sale and sell at public auction, for cash to the highest bidder, at the main (north) front door of the Courthouse of Cabell County, at 750 Fifth Avenue, Huntington, West Virginia, the following described property: PARCEL 1: Situate on the waters of Mud River, Barboursville District, Cabell County, North East of the City of Barboursville, West Virginia, shown on Tax Map 9, part of Parcel 158.2, on the South side of U.S. Route 60, F.I.R.M. 540013 0047-A, 100 year flood elev. 555′, more particularly described as follows: BEGINNING, on set Lovejoy Monument a rebar and cap #193, a Northeast corner to Cracker Barrel Tract on South side of 30′ common access road, of U.S. Route 60, thence South 10 51′ 47″ East 186.73′ with East side of Cracker Barrel Tract to I.P. Thence North 85 17′ 34″ East 102.51′ with North side of Parcel 226 to I.P. Thence North 10 51′ 48″ West 196.14′ subdividing Parcel 158.2, to I.P. on South side of a 30′ common access right-of-way from U.S. Route 60. Thence with South side of said common 30′ access right-of-way from U.S. Route 60, radius of 2,604.79′ L=101.94′ on chord South 80 01′ 30″ West 101.93′ to the Beginning. Containing 0.448 acre, more or less. And being the same property conveyed to R.E.X., Inc. by Forrest Rex Donahue and Barbara J. Donahue by deed dated October 18, 2002, recorded in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Deed Book 1100, at Page 131. PARCEL 2: Situate on the waters of the Mud River, Barboursville District, Cabell County, Northeast of the City of Barboursville, West Virginia, shown on Tax Map 9, part of Parcel 158.2, on the South side of U.S. Route 60, F.I.R.M. 540016 0047-A, 100 year flood elev. 555′, more particularly described as follows: BEGINNING, on set Lovejoy Monument a rebar and Cap #193, a Northeast corner to R.E.X., Incorporated lot of 0.802 acres, thence with South side of a common 30′ access right-of-way easement from U.S. Route 60, with radius of 2,604.79′, chord of North 82 48′ 04″ East 104.14′ to set Lovejoy Monument a rebar and Cap #193. Thence South 10 55′ 47″ East 200.73′ subdividing Parcel 158.2 to I.P. on North line of part of Parcel 226. Thence South 85 17′ 34″ West 104.71′ with North line of Parcel 226, to I.P. on East line of said 0.802 acre lot. Thence North 10 51′ 48″ West 196.14′ with East line of said 0.802 acre lot to the Beginning. Containing, 0.47 acre, more or less. Also a common 30′ access right-of-way easement from U.S. Route 60. And being the same property conveyed to R.E.X., Inc. by Forrest Rex Donahue and Barbara J. Donahue by deed dated October 18, 2002, recorded in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Deed Book 1100, at Page 131. PARCEL 3: A parcel of land situated in Barboursville District, Cabell County, West Virginia and being more particularly described as follows: Beginning at a one (1) inch iron pipe set in the northerly right-of-way line of the old brick paved county road (now called Trails End), said pipe bears N. 78 degrees 07′ E., 26.00 feet from a one inch iron pipe found in the aforesaid r/w at the call of an iron pin (not found) and the southerly line of Dorothy J. and John A. Holley (DB. 590, P. 388), thence from said beginning and severing the lands of the said HOLLEY, N. 18 degrees 33′ W., 162.67 feet to a one inch iron pipe set near the southern bank of a small stream, thence upstream along the southern bank of the said stream, N 79 degrees 17′ E. 281.68 feet to a Railroad spike set in a 12 inch Elm stump, thence S. 76 degrees 38′ E. 113.65 feet to a one inch iron pipe set on the southern bank of the aforesaid stream, thence S. 36 degrees 22′ E. 70.73 feet to a one inch iron pipe set in the northerly right-of-way of the C & O Railway, thence continuing with the said right-of-way S. 67 degrees 02′ W., 224.00 feet to a one inch iron pipe set at the intersection of the said railway right-of-way with the aforesaid old county road right-of-way, at the call of an iron pin (not found), thence running with the old county road right-of-way, S 78 degrees 07′ W. 175.18 feet to the place of beginning, containing 1.24 acres. EXCEPTING and RESERVING that certain parcel of real estate conveyed by Forrest Rex Donahue and Barbara J. Donahue to Cracker Barrel Old Country Store, Inc., dated January 3, 1997, containing .222 acre and recorded in the aforesaid Clerk’s office in Deed Book 1012, at Page 279. And being the same property conveyed to R.E.X., Inc. by Forrest Rex Donahue and Barbara J. Donahue by deed dated October 18, 2002, recorded in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Deed Book 1100, at Page 131. PARCEL 4: BEGINNING at a pin on common corner of Cracker Barrel Old Country Store, subject right of way line and Forrest & Barbara Donahue; thence running N 10 51′ 47″ W 30.00 feet to a pin on line of Roger Moore property; thence with Moore line following the arc of a curve to right having a radius of 2634.79 feet and a chord of S 8 26′ 25″ W 271.36 feet to a point on line of Adventure 2000, LLC, property and on corner of Forrest Donahue; thence running S 04 23′ 56″ E 30.48 feet to a point; thence running with the arc of a curve to the left having a radius of 2604.79 feet and a chord of S 83 41′ 40″ W 62.19 feet to a point on common corner of R.E.X. and Donahue properties; thence following the arc of a curve to the left having a radius of 2604.79 feet and a chord of S 80 44′ 44″ W 205.87 feet the beginning containing 0.18 acre. Being a part of the same property conveyed to R.E.X, Inc., a corporation, by John A. Holley, Jr., a single person, by deed dated April 28, 1986, and recorded in aforesaid Clerk’s office in Deed Book 873, at Page 150. PARCEL 5: BEGINNING at a point on line of 30 feet right of way and corner of Forrest Donahue and R.E.X., Inc., properties; thence running with Donahue S 04 23′ 56″ E 112.53 feet to a point; thence running N 87 50′ 02″ E 143.27 feet to a point; thence running S 03 08′ 00″ E 163.62 feet to a pin on right of way line of CSX Transportation; thence running with CSX S 70 03′ 47″ W. 32.79 feet to a point; thence running N 33 30′ 29″ W 123.20 feet to a point; thence running N 10 55′ 47″ W 183.71 feet to a point on the 30 foot right of way line; thence running with the arc of a curve to the right having a radius of 2604.79 feet and a chord of N 83 41′ 40″ E 62.19 feet to the beginning containing 0.64 acres. Being a part of the same property conveyed to R.E.X, Inc., a corporation, by John A. Holley, Jr., a single person, by deed dated April 28, 1986, and recorded in the aforesaid Clerk’s office in Deed Book 873, at Page 150. Together with a nonexclusive easement over property owned by R.E.X., Inc., providing access to the aforesaid parcels. TERMS OF SALE: 1. Cash in hand paid on the day of sale. 2. The sale is made “where is, as is” with no warranty whatsoever. 3. The Successor Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate the 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. 4. Subject to any and all assessments and taxes against said property, and all matters of record in the aforesaid Clerk’s Office senior in priority to the deed of trust under which this sale is being made, including without limitation all prior liens and encumbrances of any nature whatsoever, including, without limitation, the liens for ad valorem real estate taxes for the tax year 2019 and following. 5. The purchaser shall be responsible for the payment of the transfer taxes imposed by Article 22 of Chapter 11 of the West Virginia Code. 6. If the sale is set aside, the purchaser at such sale may be entitled to only a return of the amount paid less any applicable fees and costs and shall have no further recourse against the Successor Trustee, the Beneficiary, or any other person or entity. 7. The Successor 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 sale described above or any adjournment thereof. Given under my hand this 24th day of May, 2019. Christopher J. Plybon, Successor Trustee LH-72931 6-13,20;2019