Legal Notices

TRUSTEE’S SALE OF VALUABLE REAL ESTATE The undersigned Substitute Trustee, by virtue of the authority vested in him by that certain Deed of Trust, dated January 11, 2018, and duly recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Book No. 4285, at Page 824, John B Gatten, Jr and Tiffany M Gatten did convey unto Douglas McElwee, Trustee(s), certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Seneca Trustees, Inc., as Substitute Trustee; and default having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by U.S. Bank National Association, not in its individual capacity but solely as trustee for RMTP Trust, Series 2021 BKM-TT to foreclose thereunder, will offer for sale at public auction at the front door of the Kanawha County Courthouse in Charleston, West Virginia, on September 6, 2022 at 11:00 AM the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in 01 – Big Sandy District, Kanawha County, West Virginia, and more particularly described as follows: The SURFACE ONLY of those two (2) certain tracts or parcels of land, situate on the waters of Little Blue Creek, in Big Sandy District, Kanawha County, West Virginia, together with the improvements thereon and the appurtenances thereunto belonging, each containing 14.65 acres, and shown upon a map entitled “Survey of Matheny & Page Property”, a copy of which is attached to that certain deed of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 1789, at page 559, and which said property is more particularly bounded and described as follows, to-wit: PARCEL ONE: BEGINNING at a point in the southerly line of Union Road, also known as West Virginia Route 591/4, common corner thereon a parcel this day being conveyed to Mary Bess Page by French N. Matheny and Mary Ann Matheny, his wife; thence running with the line of Page, N. 3-ONE-HALFDEGREES W. 1520.84 feet, crossing Little Blue Creek, to a point in the line of the Thompson heirs; thence with the line of Thompson heirs , S. 83DEGREES 00′ E. 192.5 feet to an iron pin, corner to the Ellis property; thence running with the line of Ellis and Hoff, S. 19DEGREES 03.8′ E. 1664.82 feet to an iron pin beside a 1-ONE-HALF foot stump, near the aforesaid Union Road; thence running generally with the line of said Road and crossing the same, N. 83DEGREES 00′ W. 646 feet to the place of beginning. PARCEL TWO: BEGINNING at a point in the southerly line of Union Road, being West Virginia Route 591/4, common corner thereon to a parcel of land conveyed by Mary Bess Page by deed dated February 20, 1976 to French N. Matheny and Mary Ann Matheny, his wife; thence running generally with said Road, N. 83DEGREES 00′ W. 674 feet to an old iron pin in the north edge of said Road, common corner thereon to Tawney property; thence running with the line of Tawney, N. 14DEGREES 45′ E. 1509.27 feet, crossing Little Blue Creek, to an iron pin beside the remains of an old corner post, comer to the Thompson heirs; thence with the line of Thompson heirs, S. 83DEGREES 00′ E. 192.5 feet to a point, common corner to the aforesaid parcel conveyed to French N. Matheny and Maryann Matheny; thence running with the line of Matheny, S. 3-ONE-HALFDEGREES E. 1520.84 feet to the place of beginning. And being the same property conveyed unto Anthony Taylor and Brandi Ford by French N. Matheny and Mary Ann Matheny by deed dated June 28, 2013, of record in the aforesaid Clerk’s Office in Deed Book 2853, at page 378. And also being the same property conveyed unto John B. Gatten, Jr. and Tiffany M. Gatten by Anthony Taylor and Brandi Taylor by deed dated January 11, 2018, to be recorded simultaneously herewith in the aforesaid Clerk’s Office. EXCEPTED and RESERVED from this conveyance are those certain out-conveyances of ( 1 ) 0.13 of an acre to Donald V. Hoff, Jr. and Deborah J. Hoff from French N. Matheny and Maryann Matheny by instrument dated July 25, 1994, and of record in the aforesaid Clerk’s Office in Deed Book 2346, at page 710; (2) 0.104 of an acre to Donald V. Hoff, Jr. and Deborah J. Hoff from French N. Matheny and Maryann Matheny by instrument dated July 15, 2003, and of record in the aforesaid Clerk’s Office in Deed Book 2582, at page 685; and (3) 5.763 acres to Bradford L. Wood and Dawn M. Wood from French N. Matheny and Maryann Matheny by instrument dated September 26, 2006 and of record in the aforesaid Clerk’s Office in Deed Book 2671, at page 284. This conveyance is made subject to any and all covenants, restrictions, and easements as the same may appear in instruments of record in the aforesaid Clerk’s Office. At the time of the execution of the Deed of Trust, this property was reported to have an address of: 1935 W Union Rd, Clendenin, WV 25045. The referenced real estate will be conveyed with no covenants of warranty, and 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, all prior liens and encumbrances, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges. The purchasers 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 stamp to be affixed to the deed). The purchasers shall be responsible for payment of all real estate taxes. The subject property will be sold in “AS IS” condition. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. TERMS: $9000.00 in cash and r certified funds as deposit at the time of sale with the balance due and payable within 30 days of the day of sale. FEDERAL TAX LIEN: In the event that there are Federal Tax Liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer. Pursuant to the Deed of Trust, the Trustee may postpone the sale by public announcement at the time and place designated or by posting a notice of the same, and act by agent in the execution of the sale. The parties secured by the Deed of Trust reserve the right to purchase the property at such sale. SENECA TRUSTEES, INC. 5000 Coombs Farm Drive, Suite 104 Morgantown, WV 26508 (304) 413-0044 (304) 292-2918 Toll free: (888) 534-3132 Ref