Kanawha

Legal Notices

NOTICE OF TRUSTEES’ SALE TO: RLI SOLUTIONS COMPANY, formerly known as RONALD LANE, INC. Pursuant to the authority of those certain Deeds of Trust executed by RLI Solutions Company, formerly known as Ronald Lane, Inc. to Christopher A. Barnum, Trustees for: 1. Norman Lane, beneficiary, dated January 29, 2021, and of record in the office of the Clerk of the County Commission of Kanawha County, West Virginia, in Trust Deed Book 4486, at page 509, and Said Trustees having been instructed by the owner and holder of the notes evidencing said obligations to advertise and sell the property hereinafter described pursuant to the terms and provisions of said Deeds of Trust, the undersigned Trustees will, on the 26th day of July, 2022, at 12:00 o’clock p.m., (noon) at the front door of the Courthouse of Kanawha County, West Virginia, offer for public sale to the highest bidder, the following described real estate, together with the improvements thereon, situate, lying and being in Elk District, Charleston West District, and Charleston North District, Kanawha County, West Virginia, more particularly bounded and described as follows, to-wit: TRACT ONE: ALL of that certain tract of land, together with the improvements thereon and the appurtenances thereunto belonging, situate on Newhouse Branch in Elk District, Kanawha County, West Virginia, and further described as follows: Parcel No. 1: BEGINNING at a point on a high knob between the Left fork of Newhouse Branch and Gill Hollow with two chestnut oaks and a black pine marked for pointers, said corner being a common one to Edgar Wheeler and to Fritz Nunnencamp, and running thence down the ridge S. 79-08 W. 523.33 feet to a stake corner on the ridge with Chestnut oak and hickory pointers, corner to Nunnencamp; thence down the ridge S. 70-46 W. 311.15 feet to a stake corner on ridge between Rockaway Hollow of Magazine Branch, Gill Hollow and Left Fork of Newhouse Branch; thence S. 52-19 W. 374.36 feet to two maple pointers; thence down the ridge between Magazine Branch and Newhouse Branch N. 29-08 W. 363.38 feet to a stake corner in low gap, with three hickories and a poplar for corners; thence continuing up the ridge N. 15-14 W. 897.58 feet to a stake corner with two black oaks and a double black oak for pointers, corner also to J.B. Newhouse and Payne; thence leaving the ridge and running with one line of J.B. Newhouse and continuing on in a straight line with one line of W.D. Hoylman N. 52-30 E. 1,353.50 feet to a stake corner of side hill; thence leaving the Hoylman land running down the hill S. 61-41 E. 619.21 feet to a cross on a rock in the forks of the Left Fork of Newhouse Branch with a large black oak pointer; thence running down said Left Fork N. 84-30 E. 129.57 feet to a stake corner in the creek with a double red bud for pointer, corner to Edgar Wheeler; thence leaving the creek and running up the hill with one line of Edgar Wheeler S. 10-07 W. 1,318.18 feet to the place of beginning, and containing fifty and thirteen one-hundredths (50.13) acres. Parcel No. 2: BEGINNING at a point in the Left hand Fork of Newhouse Branch with a double redbud for pointer, corner to Mrs. Ora L. Via and Edgar Wheeler, and running thence down the said Left Fork of Newhouse Branch N. 63-09 E. 250.45 feet to a stake corner on north bank; thence down the creek N. 64-52 E. 164.96 feet to a stake corner on north bank with beech and white oak pointers; thence leaving the creek and running up a hill north 14-07 W. 779.33 feet to a stake corner on hillside, corner to W.D. Hoylman; thence with one line of Hoylman S. 52-30 E. 1,080.00 feet to a stake corner on hillside, corner to W. D. Hoylman and Mrs. Ora L. Via; thence running with two lines of Mrs. Ora L. Via S. 61-41 E. 619.21 feet to a cross on a rock in creek at forks of the left fork of Newhouse Branch, with large black oak pointer; thence down creek N. 84-30 E. 129.57 feet to the place of beginning, and containing eleven and ninety-eight one hundredths (11.98) acres; and being the same property conveyed unto Jebco Property Enterprises, Inc., A Georgia corporation, from Ora L. Via, widow, by deed dated November 12, 1973, and of record in the office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 1714, at Page 229. There is expressly excepted and reserved from Parcel No. 2 the following two tracks or parcels of land: Tract No. 1: That certain tract of land containing .94 acres conveyed from Ora L. Via to West Virginia Department of Highways by deed dated February 12, 1970, and recorded in the said Clerk’s office in Deed Book 1582, at Page 161. Tract No. 2: A tract of land to be used by Ora L. Via, her heirs and assigns for the purpose of a cemetery which is located at the site of the present cemetery on the subject property, said tract to be 105 feet square for a total of 11,025 square feet, with the lower 105 foot line to run with the lower line of the existing cemetery and the side boundaries to each run 105 feet up the hill. Party of the first part does also hereby GRANT and CONVEY to party of the second part all its right, title, and interest in that certain right of way agreement dated May 1, 1972, between Mary B. Shonk, individually and as Executrix of the Estate of Donald C. Shonk, deceased, as Grantor, and Alva B. Newhouse and Imogene Newhouse, his wife, and Ora L. Via, as Grantees, and that right of way agreement made between the Trustees of Wesley United Methodist Church of Charleston, West Virginia, as Grantors, and Alva Newhouse and Ora L. Via, as Grantees, as set forth in that certain deed dated November 12, 1973, from Ora L. Via, widow, to the party of the first part, herein and of record in the said Clerk’s office in Deed Book 1714, at Page 229. TRACT TWO: THE following tract or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate on the waters of Newhouse Branch, Elk District, Kanawha County, West Virginia, more particularly bounded and described as follows: BEGINNING at chestnut oak, corner to Mary Thomsons lot of three acres and with the lines of said Thompsons S. 68 30′ W. 610 feet to a stake, (black gum called for, gone) corner to said Thompsons and Virginia Stuler’s 10 acre tract; thence S. 51 20′ W. 74 feet to a stake; thence S. 5 40′ W. 754 feet to an ash in S. M. Wheeler’s line; thence with said Wheeler’s line, N. 52 10′ E. 1366 feet to a large black oak; thence N. 64 35′ W. 420 feet to the place of beginning, containing Eleven and sixteen hundredths (11.16) acres, more or less; and being the same property conveyed unto Jebco Property Enterprises, Inc., a Georgia corporation, from Ernest D. Via and Nao Via, his wife, by deed dated November 23, 1973, and of record in the aforesaid Clerk’s office in Deed Book 1716, at Page 188. It is understood and agreed that said party of the second part is to have use of the Thompsons Road for the purpose of ingress and egress to and from said tract hereinabove described; said right shall be construed as a covenant running with said land. TRACT THREE: THE surface only of that certain tract of land, together with the improvements thereon and the appurtenances thereunto belonging, situate above and below Gill Hollow in Charleston North District, Kanawha County, West Virginia, otherwise known as Lots Nos. 23 and 24, Glen Elk Hill Lands, bounded and described as follows, to-wit: Lot No. 23: BEGINNING at a small hickory and two paws-paws pointers, by the Elk Road at “Y” corner to No. 22, and running thence with one line of the same N. 17 W. 99 poles to a stake and two white oaks on a line of No. 21; thence with the same N. 73 E. 22 poles to a stake and three black oaks on the ridge at “W”, corner to Nos. 21 and 24; thence with the lines of the latter S. 26-ONE-QUARTER E. 22 poles to a stake and three black oaks, pointers; thence S. 43-ONE-QUARTER E. 71 poles and 23 links to a stake by the Elk Road at “T” thence down the road on the north side thereof, S. 47-ONE-QUARTER W. 4 poles and 7 links to a stake by the road; thence S. 71 W. 27 poles to the beginning, containing 24 acres and 13 poles; Lot No. 24: BEGINNING at a Stake by the Elk Road and west of the Gill Hollow at “T”, corner to No. 23 and running thence with two lines of same N. 43-ONE-QUARTER W. 73 poles and 23 links to a stake and 3 black oaks on the ridge; thence N. 26-ONE-QUARTER W. 22 poles to a stake at “W”, corner to 23 and 21; thence with 3 lines of the latter N. 1 E. 28 poles to 2 hickories; thence N. 4 27 poles and 9 links to a black oak, and two white oaks; thence N. 56 W. 43 poles to a black oak, dogwood and sourwood, pointers, on the knob at the head of Gunter’s Hollow, corner to Nos. 21 and 19; thence with one line of the latter N. 11 E. 29 poles to a black oak at “32”, corner to Nos. 24 and 25; thence with several lines of same N. 49 E. 22 poles to a dogwood and chestnut; N. 68 E. 18 poles to a stake and two chestnuts, pointers; N. 77 E. 52 poles to a stake and 2 pointers, chestnut oak pointers, N. 82-ONE-HALF E. 33 poles to a gum and white oak pointers; N. 89-ONE-HALF E. 15 poles and 7 links to 2 gums and 2 dogwoods pointers; thence S. 25 E. 26 poles to a stake and 2 red oaks and chestnut oak pointers on the ridge between Elk River and Gill Hollow; thence S. 62-ONE-HALF 313 poles to chestnut oak at “33” on the line of No. 29; thence with 2 lines of same S. 19-31/2 W. 83-ONE-HALF poles to a white oak stump, corner to same; thence S. 38-ONE-QUARTER E. 56 poles to a stake by the Elk Road at the lower end of Mrs. Bowman’s lot; thence down the road on the northwest side, S. 28-ONE-HALF W. 33 poles to a stake; S. 40-ONE-QUARTER W. 17 poles and 9 links; S. 31-ONE-QUARTER W. 10-ONE-HALF poles; thence S. 66 W. 9 poles and 4 links; S. 47-ONE-QUARTER W. 11 poles to the beginning, containing 118 acres, 1 rod and 30 poles; and being the same property conveyed unto Jebco Property Enterprises, Inc., a Georgia corporation, from Charles C. Huber and Dora C. Huber by Charles C. Huber, guardian for Dora C. Huber, an incompetent person, by deed dated December 20, 1973, and of record in the aforesaid Clerk’s office in Deed Book 1718, at Page 292. There is expressly excepted and reserved from the above description five (5) certain tracts or parcels of land which have been conveyed out of said Lot Nos. 23 and 24 of Glen Elk Hill lands, as follows: Tract No. 1: A certain tract of land containing 8 acres, bounded and described as follows: BEGINNING at the northeast corner of Brums lot, and running thence N. 38-ONE-QUARTER W. 41 poles to a black oak on the ridge; thence nearly with the ridge S. 10 W. 48 poles to a stake and pointers; thence S. 61-ONE-HALF E. 14 poles to a flat rock; thence S. 51-31/2 E. 15 poles to the Elk River Road; thence N. 31 W. 43 poles to the beginning, it being part of the land deeded to John T. Ross in a partition deed withCharles F. Stockton dated February 1, 1890, and being the same tract of land conveyed by John T. Ross and Hanna Ross, his wife, to Martha Buckner by deed dated February 3, 1890, and of record in said Clerk’s office in Deed Book 79, at Page 292; Tract No. 2: That certain lot land situate in Upper Glen Elk, Charleston District, Kanawha County, West Virginia, bounded and described as follows: BEGINNING at a small hickory and two paw-paws, pointers on the Elk Road at “Y” on the Glen Elk map, corner to Lot No. 22 and running thence with one line of same N. 17 W. 99 poles to a stake and two white oaks on a line of No. 21; thence with the same N. 73 E. 22 poles to a stake and three black oaks on the ridge at “W”, corner to Nos. 21 and 24; thence with two lines of the latter S. 26-ONE-QUARTER E. 20 poles to a stake which bears 1 pole and 20 links from 3 black oaks, pointers; N. 26-ONE-QUARTER W. ; thence N. 74-ONE-HALF E. 34 poles to a black walnut; S. 87-ONE-HALF E. 2 poles to a small hickory; thence with a fence and lower edge of beech S. 5-ONE-HALF E. 8 poles to a hickory; corner and black oak pointers S. 7-ONE-HALF W. 33 poles and 8 links to a stone by a gate post; S. 43-ONE-HALF E. 17 poles 15 links to a post; N. 75-31/2 E. 3 poles; thence with the left or lower edge of a mountain road S. 52 E. 8 poles to a stake below said mountain road, corner to an acre and 30-pole lot sold by said Ross to Mrs. Dulling and Mrs. Miller; thence with their lines along the lower side of said road S. 26 W. 7 poles 20 links; thence 37 W. 6 poles to a black walnut; S. 18 W. 5 poles 18 links to the southwest corner of King’s gate; thence down the County Road with the north side thereof to the beginning, containing 28-ONE-QUARTER acres, conveyed by Glen Elk Company to Ross and Stockton, being the same tract of land conveyed by John T. Ross and Hanna Ross, his wife, to James P. King, by deed dated April 20, 1893, and of record in said Clerk’s office in Deed Book 64, at Page 8; Tract No. 3: That certain lot of land situate in Charleston District, Kanawha County, West Virginia, bounded and described as follows: BEGINNING at a stone and buckeye, pointers, on the north side of the County Road; thence S. 46 W. 14 poles to a stake on the north side of said Road; S. 58-ONE-HALF W. 4-ONE-HALF poles to King’s West gate-post; N. 18-ONE-HALF E. 5 poles 16 links to a black walnut; N. 37 W. 6 poles; N. 56 E. 8 poles; S. 47 E. 8 poles to the beginning, containing 1 acre and 31 square poles, being the same tract of land conveyed by John T. Ross and Hanna Ross, his wife, to Telithe E. Duling and Emma J. Miller, by deed dated April, 1893, and of record in said Clerk’s office in Deed Book 62, at Page 92; and Tract No. 4: That certain tract of land containing 103,000 square feet, more or less, conveyed from Dora Huber and Charles C. Huber, her husband, to the State Road Commission of West Virginia, a corporation, by deed dated February 3, 1970, and of record in said Clerk’s office in Deed Book 1580, at Page 408. Tract No. 5: That certain tract of land conveyed from Jebco Property Enterprises, Inc., to Everette F. Thaxton and Karen C. Thaxton, his wife, by deed dated January 6, 1977, and of record in the said Clerk’s office in Deed Book 1823, at Page 599. The party of the first part does further GRANT, CONVEY, and ASSIGN to party of the second part that certain Agreement between Everette F. Thaxton and Karen C. Thaxton, his wife, and Jebco Property Enterprises, Inc., dated January 14, 1977, and of record in the aforesaid Clerk’s office in Deed Book 1823, at Page 589. TRACT FOUR: THE following tract or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate on Newhouse Branch in Elk District, Kanawha County, West Virginia, and more particularly bounded and described as follows: BEGINNING at an iron pin by a 20 inch dead hickory, corner to lands owned by Alva and Emma Jean Newhouse, et at., and Charlotte B. Anderson (formerly Charlotte B. Salisbury); thence N. 40-12′ W. 540.57 feet to an iron pin in gas line right of way at the top of the ridge; thence N. 38-24′ E. 1,273.10 feet across Surface Drive to a three inch pipe along fence line, formerly a sassafras; thence S. 51-08′ E. 90 feet, more or less, to a point; thence S. 7-30′ W. 100 feet, more or less, across Surface Drive to an iron pin being the northwestern corner to property owned by John Spencer, Jr. and wife; then continuing S. 7-30′ W. 274.77 feet to a pin; thence S. 86-51′ E. 265.29 feet to an iron pin; thence S. 88-13′ E. 270.53 feet to an iron pin being 5.7 feet southwest from fence intersection; thence S. 52-43′ W. 1,012.08 feet to an iron pin on old fence line; thence S. 52-43′ W. 223.00 feet to an iron pin; thence S. 5-33′ W. 211.00 feet to the place of beginning containing 14.60 acres, more or less; reference is here made to the map made by Charles C. Bibbee, Registered Professional Engineer, dated November 30, 1973, entitled “Map of 17.05 Ac Tract formerly Salisbury Property Located on Newhouse Branch, in Elk District, Kanawha County, W.Va., Scale 1″=100″, and of record in the office of the Clerk of the County Commission of Kanawha County, West Virginia in Deed Book 1720, at Page 509; for a further and more particular description of said property; and being the same property conveyed unto Jebco Property Enterprises, Inc., a Georgia corporation, from Charlotte B. Anderson (formerly Charlotte B. Salisbury) and Elvin Anderson, her husband, by deed dated January 24, 1974, and of record in the aforesaid Clerk’s office in Deed Book 1720, at Page 506. The subject property is made subject to any and all easements of record and visible upon the ground and subject to all mineral rights have been expressly reserved in prior deeds. TRACT FIVE: ALL those certain two tracts or parcels of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in what is known as Hillsdale Addition, Charleston West District, Kanawha County, West Virginia, and being more particularly bounded and described as follows, to-wit: PARCEL ONE: BEGINNING at a concrete monument at the southerly common corner of lots 57 and 58, Hillsdale Addition, in or near the right of way line of Hillsdale Drive; thence N. 5 49′ W. 121.79 feet to a point in the common boundary line between said Lot 58 and the right of way of Carson Street; thence with said common line, N. 65 48′ 00″ E. 20.90 feet to a point, common corner of said Lot 58, the right of way Carson Street and a parcel now owned by Jebco Property Enterprises, Inc.; thence with the common line between said Lot 58 and said property of Jebco Property Enterprises, Inc., S. 43 17′ 00″ E. 103.60 feet to a steel pipe; thence leaving said common line, S. 17 27′ 21″ W. 25.26 feet to a point in the southerly line of said Lot 58; thence with said southerly line, S. 66 42′ 04″ W. 76.40 feet to the place of beginning, and being a portion of said Lot 58 in the Hillsdale Addition. PARCEL TWO: BEGINNING for reference at a concrete monument at the southerly common corner of Lots 57 and 58, Hillsdale Addition, in or near the right of way line of Hillsdale Drive; thence N. 66 42′ 04″ E. 76.4 feet to a point; thence S. 17 27′ 21″ W. 82.7 feet, more or less, to a point in the common line between Lot 18, Hillsdale Addition and the right of way line between Lot 18, Hillsdale Addition and the right of way line of Hillsdale Drive, the true place of beginning for the property hereinafter described; thence from said true place of beginning, N. 17 27′ 21″ E. 43 feet, more or less, to a point; thence S. 66 42′ 04” W. 26.56 feet to a point in a tangent of a curve to the left; thence with said curve, whose radius is 10.00 feet, an arc distance of 21.12 feet to a point in a curve to the right, which point is in the right of way line of Hillsdale Drive; thence with said right of way line and curve, whose radius is 100.00 feet, an arc distance of 19 feet, more or less, to the true place of beginning, and a portion out of the northwesterly corner of Lot 18, Hillsdale Addition. The above-described Parcel One and Two are parts of Lots 58 and 18, respectively, of Hillsdale Addition, and being the same property conveyed from Everette F. Thaxton and Karen C. Thaxton, his wife, to Jebco Property Enterprises, Inc., by deed dated January 6, 1977, and of record in the office of the Clerk to the County Commission of Kanawha County, West Virginia, in Deed Book 1818, at Page 208, reference is made to said deed for a more particular description of the property herein described and said property is further described on that certain map dated August 24, 1976, made by Donald A. Rude, P.E. No. 3507, and titles “Plat of Property to be Exchanged Between Jebco Property Enterprises, Inc. & Everette F. Thaxton and Karen C. Thaxton”, and of record in the said Clerk’s office in Deed Book 1818, at Page 211, attached and made a part of the aforesaid deed. Everette F. Thaxton and Karen C. Thaxton, for themselves, their successors, assigns, agents and invitees, reserved from the above described property as set forth in the aforesaid deed dated January 6, 1977, of record in the said Clerk’s office in Deed Book 1818, at Page 208, a vehicular, pedestrian and utility right of way easement through and over Parcel Two described hereinabove and a portion of Parcel One, which portion is described as follows: BEGINNING for reference at a concrete monument at the southerly common corner of Lots 57 and 58, Hillsdale Addition, in or near the right of way line of Hillsdale Drive; thence N. 66 42′ 04″ E. 23.60 feet to the true place of beginning for the easement to be described; thence N. 17 27′ 21″ E. 82.14 feet to a point in the common boundary line of Lot 58 of said Addition and a tract owned by Jebco Property Enterprises, Inc.; thence with said common line, S. 43 17′ 00″ E. 45.86 feet to a steel pipe; thence leaving said common line, S. 17 27′ 21″ W. 25.26 feet to a point in the southerly line of said Lot 58; thence with said southerly line, S. 66 42′ 04″ W. 52.80 feet to the true place of beginning. Subject to all and any reservations, restrictions, covenants, conditions, exceptions, easements, and rights-of-way affecting the subject property, and subject further to the lien for the year 2000 real estate taxes, the party of the first part does herby covenant to and with the party of the second part that it will WARRANT GENERALLY the title to the property hereby conveyed and that the same is free and clear of all liens and encumbrances. The party of the first part does further Quitclaim and Release to the party of the second part all of its right, title, and interest in and to all coal, oil, gas, and all other minerals in and underlying the above tracts of real estate, which it may own, but makes no warranty, either express or implied, as to the ownership of the same. The party of the first part does further GRANT and CONVEY to the party of the second part its rights under that certain deed of easement dated April 16, 1974 between Alva Newhouse, et als. and the party of the first part, which deed of easement is of record in the said Clerk’s office in Deed Book 1726, at Page 157. Ronald Lane, Inc., a West Virginia corporation changed its name to RLI Solutions Company on or about February 12, 2021. This conveyance is made subject to any and all exceptions, reservations, restrictions, easements, rights-of-way, and conditions as contained in prior deeds of conveyance in the Grantors’ cham of title. TERMS OF SALE: Cash or certified funds in the amount of TEN (10) percent of the bid, with the balance due within twenty (20) days of the date of sale. The successful bidder shall pay all excise taxes, a 6% buyer commission, recording fees and real property taxes connected and associated with the sale of such property. Such property shall be conveyed by the undersigned Trustees “as is,” “where is,” with no covenants of warranty of title, subject to any and all exceptions, reservations, covenants, restrictions, agreements, municipal zoning ordinances, land use regulations, assessments, charges, conditions, rights of way, easements, mineral severances and limitations of use as have been imposed upon such property by the predecessors in title, subject to any and all matters which a visual inspection and accurate survey of such property might reveal. Any sale hereunder may be adjourned from time to time without any notice other than oral proclamation at the time and place appointed for this sale or by posting of a notice of same. Should the Trustees not appear at the time appointed for the sale and there is no notice posted of a continuance, please contact the office of the Trustees to make further inquiry. Any sale may be conducted or adjourned by the designated agent or attorney of the Trustees. The undersigned reserve the right to reject any or all offers. Should any party have any inquiries, objections to the sale or protests regarding the sale, or requests regarding the sale, please notify the Trustees in writing to the address set forth below. The undersigned reserves the right to continue the sale from time to time and to reject any or all offers. CHRISTOPHER A. B

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