Legal Notices

TRUSTEE’S SALE OF VALUABLE REAL ESTATE The undersigned Substitute Trustee, by virtue of the authority vesting in it by that certain Deed of Trust recorded on October 26, 2007, in the Office of the Clerk of the County of Commission of Cabell County, West Virginia, in Book No. 2188 at Page 596, Mark S. Donahue and Shawna L. Donahue did convey unto Dru A. Shope, as Original Trustee, certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Elk River Trustees Inc., as Substitute Trustee by virtue of a Substitution of Trustee dated July 14, 2022, and recorded in Book 412 at Page 622 in the aforesaid Clerk’s Office; the undersigned Substitute Trustee has been requested, in writing, by the beneficiary of said Deed of Trust to sell the real estate described below, as there has been a default under the terms and conditions of said Deed of Trust. Therefore, the undersigned Substitute Trustee having been instructed by Metropolitan Life Insurance Company to foreclose thereunder will offer for sale, at a public auction at the front door of the Fourth Avenue entrance of the Cabell County Courthouse in Huntington, West Virginia, on October 10, 2022 at 12:00 PM the following described real estate, together with its easements, improvements, and appurtenances thereunto belonging, situate in Grant District, Cabell County, West Virginia, and more particularly bounded and described as follows: LEGAL DESCRIPTION All that piece, parcel or tract of real estate situate in Grant District, Cabell County, West Virginia, more particularly bounded and described as follows: TRACT ONE: Beginning at a ONE-HALF inch rebar found in the common line of N Rosemary Rice (D.B. 1011, Page 264) and a common corner to Lot A and Lot B of Hurricane Plaza, Inc.; Thence, leaving Rosemary Rice and with the common line of Lot A and Lot B of Hurricane Plaza, Inc., S. 87DEGREES 34′ 54″ E. 144.68 feet to a point in the common line of Lot A and Lot B, witnessed by a mark (found) in the street Grandview Drive, bearing S. 87DEGREES 34′ 54″ E. 144.37 feet; Thence, leaving the common line of Lot A and Lot B and severing through the lands of Jimmy L. and Barbara G. Edmonds (D.B. 1113, Page 10), S. 84DEGREES 38′ 20″E. 142.78 feet to a ONE-HALF inch rebar (set), in the common line of Rosemary Rice and Lot B; Thence, with the common line of Rosemary Rice and Lot B, N. 7DEGREES 02′ 18″ W. 19.59 feet to the place of BEGINNING, containing 1397 square feet and as shown on a plat survey dated April 22, 2004, and designated Parcel 1 and titled, PLAT OF SURVEY FOR MARK S. & SHAWNA L. DONAHUE and JIMMY L. & BARBARA G. EDMONDS, prepared by Duane K. Bowers PS 1995 of Sunshot Surveying Services, Milton, WV attached to Deed Book 1145, Page 535. TRACT TWO: Part of Lot No. 8 situate on the waters of Newman Branch of the Mud River, N.W. of Milton, West Virginia, Grant District, Cabell County, Tax Map 14, Part of Parcel 17, more particularly described as follows: BEGINNING on a found Lovejoy Monument a rebar and Cap No. 193, a N. W. corner to Lot No. 8, in East line of Billups Parcel 14, a S.W. corner to Lot No. 9, thence N. 83DEGREES 30′ E. 294′ passing a found concrete monument in S. W. corner to Lot No. 4, to a set Lovejoy Monument a rebar and Cap No. 193, in center of a 22′ gravel access road, on a common 50′ right-of-way from Route 9, inside of a 100′ wide site easement for Lot No. 4. Thence S. 5DEGREES 02′ 24″ E. 246.85′ with center of a common 22′ access road in center of a 50′ common right-of-way inside of 100′ wide site easement for Lot No. 4, to a corner witness, by set Lovejoy Monument 25′ West of corner. Thence N. 87DEGREES 40′ 04″ W. 291.58′ with a division of Lot No. 8 to set Lovejoy Monument a rebar and Cap # 193, in east line of Billups Parcel 14. Thence N. 6DEGREES 32′ W. 202′ with East line of Billups Parcel 14, to the Beginning. Containing 65,438 square feet or 1.50 acre, more or less, as shown on a map titled Property Plat for Mark Donahue, Dated 12-12-95. Also, a common 50′ right-of-way easement inside of the 100′ wide site easement for Lot No. 4. This conveyance is further subject to the following restrictive covenants with shall run with the land: 1. The single family dwelling constructed on the herein conveyed property shall contain at least 2,500 square feet of living space. 2. The said dwelling shall face in the direction of Interstate 64. 3. No automobiles, trucks, motorcycles, recreational vehicles, horse trailers, house trailers, boats, boat trailers or vehicles of any type shall be parked on Grandview Drive. SAVING AND EXCEPTING out conveyance of record in Deed Book 1139, Page 459. At the time of the execution of the subject Deed of Trust, the property was reported to have an address of: 8 Grandview Drive, Milton, West Virginia 25541. The above referenced real estate will be conveyed with no covenants of warranty and subject to any and all easements, rights of way, conditions, covenants, restrictions, exceptions, reservations, leases and other servitudes, which may be a matter of record in the aforesaid Clerk’s Office or visible upon the ground. The sale of the referenced real estate will also be subject to all prior liens and including any and all other deeds of trust, judgments, liens, and all other encumbrances of any nature whatsoever, if any, having priority over the subject Deed of Trust. The subject property will be sold in an “AS IS” condition. The Substitute Trustee makes no representations and warranties of any kind or character including, but not limited to, the condition of the real estate or the title to the real estate to be conveyed. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. In the event that there are federal tax liens against the property, the United States has the right to redeem the property within a period of one hundred twenty (120) days from the date of the sale. The Substitute 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 the foreclosure sale described herein. TERMS OF SALE 1. $9,000.00 (Nine Thousand Dollars) in cash and r certified funds made payable to “Elk River Trustees, Inc.” due as a deposit at the time of sale, with the balance due and payable within thirty (30) days of sale. Personal checks will not be accepted. 2. The purchaser at the sale shall be responsible for payment of all real estate taxes. 3. The purchaser shall be responsible for payment of the recording cost of the deed and also for payment of the tax on the privilege of transferring the real property (transfer tax) imposed by West Virginia Code 11-22-2. 4. The parties secured by the Deed of Trust reserve the right to purchase the property at the foreclosure sale. ELK RIVER TRUSTEES, INC. 714 Venture Drive, #132 Morgantown, WV 26508 Telephone ax: 304-241-6962 Reference file # 22-015