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 June 24, 2020, and duly recorded in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Document No. 6066054, in Book No. 2785, at Page 743, Renatha Smith-Woodard did convey unto Chris Eller, 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 Gateway Mortgage, a division of Gateway First Bank to foreclose thereunder, will offer for sale at public auction at the front door of the Fourth Avenue Entrance of the Cabell County Courthouse in Huntington, West Virginia, on October 11, 2022 at 12:30 PM the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in 03 – Grant District, Cabell County, West Virginia, and more particularly described as follows: PARCEL ONE: All that certain lot, piece or parcel of land situate in Grant District, Cabell County, West Virginia, on the waters of the Mud River, and is located on State Local Service Route 251/4 (West Mud River Road), approximately 1.4 miles southwesterly of its intersection with State Local Serve Route 25 (James River Turnpike) and being more particularly described as follows: Beginning in the westerly right of way line of said West Mud River Road, at the northeasterly corner of Virgie Templeton (Deed Book 377 Page 161), said corner bears North 63DEGREES 23′ 00″ East, a distance of 1.84 feet from a rebar with ID cap “Lovejoy”, thence leaving said westerly right of way line of West Mud River Road, and with the Templeton, South 63DEGREES 23′ 00″ West, a distance of 300.00 feet to a stone (found) near fence line with pipe witness at a common corner to Lewis Morrison and Marilyn Morrison (Deed book 972 Page 86); thence leaving said Templeton, and with said Morrison, North 08DEGREES 08′ 25″ West, a distance of 150.00 feet to a 51/3 inch by 32 inch long rebar with orange plastic cap stamped “D.Porter – H&T PLS 357″ (set) at the call of a planted stone (not found); thence with the northerly line of a 0.063 acre tract of land to be conveyed to Renatha Smith-Woodard, North 53DEGREES 40′ 20” East, a distance of 107.75 feet to a rebar with cap stamped “Sunshot WVPS1995″ (found); thence North 68DEGREES 44′ 30” East, a distance of 194.64 feet to a rebar with cap stamped “Sunshot WVPS 1995″ (found) in said westerly right of way line of West Mud River Road; thence leaving said northerly line of a 0.063 acre tract of land to be conveyed to Renatha Smith-Woodard and with said westerly right of way line of West Mud River Road, South 08DEGREES 08′ 25” East, a distance of 150.00 feet to the POINT OF BEGINNING, containing 45,406.893 square fee or 1.043 acres, more or less, as shown on the plat of survey prepared by Danny A. Porter, Professional Land Surveyor, WV Registration Number 357. PARCEL TWO: A tract of land situate on the waters of Mud River, on West Mud River Road, Grant District, Cabell County, about two miles south of the City of Milton, WV, P 66, Tax Map 25, more particularly described as follows: BEGINNING on a set iron pin, witness 8′ north of a culvert, a northeast comer of Smith-Woodard 1 are plot, N. 63DEGREES 23′ e. 126 feet crossing West Mud River Road Rte 251/4 to the center of Mud River; thence S. 5DEGREES 49′ E. 151.4 feet up Mud River; thence S. 63DEGREES 23′ W. 122 feet crossing West Mud River Road, Rte 251/4 to a set Lovejoy monument rebar cap #193; thence N. 7DEGREES 15′ W 150 feet along West Mud River Road with east line of Renatha Smith-Woodard 1 acre tract back to the BEGINNING, containing 0.403 acres, more or less. Subject to rights of way and common easement, particularly a 30′ right of way of Rte 251/4. For more particular description, reference is hereby made to that certain plat entitled “Property Plat for Renatha Smith-Woodard”, dated December 21, 1993, prepared by Dallas Lovejoy, P.S. 193, Milton, West Virginia, a copy of which is of record in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Deed Book 1223, at page 206. And being the same property in which a life estate was conveyed unto French M. Woodard with remainder interest to Renatha Smith-Woodard by Renatha Smith-Woodard, by deed dated September 29, 2014, of record in the aforesaid Clerk’s Office in Deed Book 1313, at page 29. The said French M. Woodard died a resident of Cabell County, West Virginia on December 15, 2016, thereby extinguishing said life estate. And being the same property conveyed unto Renatha Smith-Woodard by Ronald J. Flora, Attorney at Law, by Straw Party Deed dated November 4, 2010, and of record in the aforesaid Clerk’s Office in Deed Book 1223, at page 206. 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: 1626 W Mud River Rd, Milton, WV 25541-9228. 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: $7000.00 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 Reference File No. 81