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 November 18, 2019, and duly recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Book No. 4394, at Page 753, Joshua O Frye and Christina D Frye did convey unto Douglas B. Ernest and Charles J. Mildren, 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 Wells Fargo Bank, NA to foreclose thereunder, will offer for sale at public auction at the front door of the Kanawha County Courthouse in Charleston, West Virginia, on October 25, 2022 at 11:00 AM the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in 25 – Union District, Kanawha County, West Virginia, and more particularly described as follows: Parcel One all that certain parcel, lot or tract of land, together with the improvements thereon and the appurtenances thereunto belonging, being the surface only of a parcel situate on the waters of Rocky Fork in Union District. Kanawha County, West Virginia, and being parts of Lots 1 and 2 of the Matthew R. Lanham heirs property as shown upon a map of the same of record in the Office of the Clerk of the County Commission of Kanawha County. West Virginia, in Photostatic Map Book 6 at page 140, and also being shown upon a map entitled, “Survey Of Lot #16, Section Two Cardinal Heights Subdivision Near Cross Lanes Union Dist – Kanawha Co. W. Va.” bearing date June 1983. made by Roy D. Koch, P.E., which said map is of record in the aforesaid Clerk’s Office, said parcel being more particularly bounded and described as follows: BEGINNING at a point in a corner of the Phil Morrison tract, said point also being located at the common easterly corner of Lots 16 and 17 of Section Two of Cardinal Heights as shown on the aforesaid map; thence running with the Morrison line S. 25 deg. 34′ W., a distance of 137.2 feet, more or less, to an iron pin; thence running N. 47 deg 30′ W., a distance of 70.6 feel, more or less, to an iron pin; thence running with a chord N . 4 deg. 13′ W ., a distance of 13.7 feet, more or less, to an iron pin in the easterly line of an unnamed street; thence running with the easterly line of said unnamed street N. 39 deg. 01′ E., a distance of 131.5 feet, more or less, to an iron pin at the common westerly corner of Lots 16 and 17; thence running with said common division line S. 47 deg. 30′ E., a distance of 48.0 feet, more or less, to the place of beginning, and being the same real estate conveyed unto James A. Stec and Winifred O. Stec, his wife, by virtue of a deed from A. B. Morgan, Jr., and Kathryn M. Morgan, his wife, dated July 14, 1983,and duly of record in the aforesaid Clerk’s Office in Deed Book 2040 at page 84, reference to said map and deed being made herein for all pertinent purposes. The parties of the first part do further GRANT and CONVEY unto the party of the second part a thirty (30) foot easement and right of way extending from Dewitt Road to the properly herein conveyed, said right of way to be used as a means of egress and ingress to and from the property herein conveyed and said DeWitt Road, along with the right to use any other right of ways that might be necessary to use as a means of ingress and egress to and from Big Tyler Road and the property herein conveyed, and the said party of the second part shall at all times have full access to a thirty foot (30) right of way extending from the property to the county road. It is further understood that said right of way is not to be blocked or obstructed in any way by and of the parties using the same and that said right of way shall be kept up and maintained by the parties using the same at all times. The parties of the first part do further GRANT and CONVEY unto the party of the second part the right to use all sewer lines, utility lines and easements that are now laid out and which might be necessary for any improvements placed on the properly herein conveyed. This conveyance is subject to those certain covenants, conditions, restrictions and reservations as are contained in that certain Declaration of Protective Covenants pertaining to property owned by the parties of the first part herein, which said Declaration of Protective Covenants bears date June 12, 1976, and is of record in the aforesaid Clerk’s Office in Deed Book 796 at page 427. And being the same property conveyed to Oscar E. Gaylor and Joyce Gaylor from James E. Stec and Winifred O. Stec by Deed dated March 13, 1990 and recorded in the aforesaid Clerk’s Office in Deed Book 2243 at page 587. Parcel Two all that certain piece or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate near Cross Lane’s in Union District, Kanawha County. West Virginia, and being more particularly designated and shown as Lot No. 1 of Arrowwood Forest as shown upon a map thereof entitled “Arrowwood Forest Subdivision At End Of Arrowwood Drive Cross Lanes Union Dist. Kanawha Co. West Virginia” bearing date July 25.1980, and revised October 28.1987, made by H. G. Shrewsbury, Jr., Professional Engineer, which said map is of record in the office of the Clerk of the County Commission of Kanawha County. West Virginia, in Photostatic Map Book at page , and reference is hereby made to said map for a more particular description of the property herein conveyed. There is, however, excepted and reserved from this conveyance all the oil and gas underlying the tract of land herein conveyed, together with whatever right of ways are necessary for the purpose of entering upon said land to explore for and to remove said oil and gas underlying said property. The parties of the first part do further grant and convey unto the party of the second part, the right and privilege to use that certain right of way known as Arrowwood Drive and also the private twenty foot right of way extending from the end of Arrowwood Drive to the parcel of land herein conveyed as a means of egress and ingress to and from Big Tyler Road and the properly herein conveyed, said right of way having been previously known as Bryant Road. It is further understood that this right of way shall be kept open at all times for the use of all persons having the right to use the same and that the same shall not be blocked or obstructed at any time and that the use of the same shall be for the benefit of the parties of the first part and also all adjoining property owners, their heirs and assigns and that there shall be no parking of vehicles on said right of way at any time. It is further understood and agreed between the parties hereto that the parcel of land herein conveyed shall be used for residential purposes only and that only one single residence shall be erected thereon and that this restriction shall be considered a covenant running with the land and shall be binding upon the party of the second part, their heirs and assigns for a period of twenty years from the date hereof. It is further understood and agreed between the parties hereto that the party of the second part, their heirs and assigns, along with the other property owners owning land abutting and adjoining the right of ways extending from Big Tyler Road to the property herein conveyed, shall be jointly responsible and liable for the maintenance and upkeep of said roads and shall also pay their prorata share of the maintenance and upkeep of Arrowwood Drive. At the time of the execution of the Deed of Trust, this property was reported to have an address of: 5230 Arrowwood Drive, Charleston, WV 25313. 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 Reference File No.81957 LC-137075 09-21,28;2022