Cabell

Legal Notices

NOTICE OF TRUSTEE’S SALE Pursuant to the authority vested in the undersigned J. Patrick Jones, Substitute Trustee by Notice of Substitution of Trustee which notice is of record in the Office of the Clerk of the County of Commission of Wayne County, West Virginia, in Trust Deed Book 712 at Page 18 and by Deed of Trust dated February 22, 2008, executed by William M. Yates and Melinda S. Yates to BB&T Collateral Service Corporation, Trustee, which deed of trust is of record in the Office of the Clerk of Wayne County, West Virginia, in Trust Deed Book 667 at Page 202 and rerecorded in Trust Deed Book 674 at Page 1, 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 will sell the real estate described in the Deed of Trust, at a public auction on December 14, 2022, at 11:15 a.m. to the highest bidder at the front door of the Courthouse of said County of Wayne, in Wayne, West Virginia, which real estate is more completely described as follows: All those certain tracts, pieces or parcels of land situate on Twelvepole Creek, in Brownstown, a short distance south of the Town of Ceredo in Ceredo District, Wayne County, West Virginia, and more particularly described as follows: TRACT NO. 1: BEGINNING at a walnut tree at the public road and running S 12DEGREES W 235 feet and 8 inches to a stake, corner to a one-fourth acre sold to Oliver Hatten (see deed dated April 21, 1887, by Nancy Kelley); thence N 70DEGREES 45′ W 122 feet and 10 inches along the one-fourth acre of Oliver Hatten to a stake; thence N 12DEGREES E 233 feet and 2 inches to the corner of a one acre tract of land willed by Patrick McAleese to Nancy Kelley; thence with same N 23DEGREES E 264 feet to a stake; thence S 75DEGREES E 165 feet to a stake in the edge of the county road; S 23DEGREES W 264 feet to the place of BEGINNING, containing 1 and 851/800 acres, more or less. TRACT NO. 2: BEGINNING at a small elm it being the northwest corner of an acre tract of land known locally as Paddy’s Acre; thence running a westerly course 22 feet to a stake in a line of a 12 foot alley; thence with said alley line 145 feet a southerly course to a stake; thence in an easterly course 35 feet to said Paddy’s Acre line; thence with said Acre line north to the point of BEGINNING. TRACT NO. 3: BEGINNING at a point where the Turner property and the Kelley property intersects and at the southeast corner of the map attached to deed of record in Deed Book No. 336, Page 291, which is incorporated by reference thereto; thence in a northerly direction 60 feet alongside the lands of the Kelley property; thence in a westerly direction 101 feet along the lands and adjacent to the N & W Railroad right-of-way and alongside a traveled road to a point; thence in a southerly direction 55.5 feet to a stake; thence in a westerly direction 109 feet with the Turner property to the point of BEGINNING. TRACT NO. 4: BEGINNING at a point in the east line of Brownstown Road, which said point is northerly 781 feet from the southwest corner of the parcel from which this land is taken; thence with said Brownstown Road N 24DEGREES E 100 feet; thence S 70DEGREES E 100 feet to a point in the center line of Twelvepole Creek; thence with the center line of said creek S 24DEGREES W 100 feet; thence N 70DEGREES W 100 feet to the point of BEGINNING, being a parcel of land being in the shape of a parallelogram, 100 feet by 100 feet; EXCEPTING AND RESERVING from the above tracts .66 of an acre, more or less, which was conveyed to Ruth Whitley and George J. Whitley, her husband, by Treva Turner, widow, by deed dated December 29, 1970, and of record in the Office of the Clerk of the County Commission of Wayne County, West Virginia, in Deed Book 402, Page 729; FURTHER EXCEPTING AND RESERVING from the above tracts of land a right-of-way and easement for the use of Ruth Whitley and George J. Whitley, their agents, heirs and assigns from Walker Branch Road across the gravel parking lot situate on the above tracts of land for purpose of ingress to and egress from said .66 acre parcel of land above described. TERMS OF SALE 1. Cash in hand paid on the day of sale. 2. The sale of the property will be made subject to all matters having priority over the deed of trust referred to herein including but not limited to any and all assessments and taxes against said property, all prior liens, encumbrances, lease, restrictions, covenants, conditions, rights of way and easements of any nature whatsoever. Subject to the redemption rights of the Internal Revenue Service as set forth in 26 U.S.C. 7425. 3. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code 11-22-2. 4. The subject property will be sold in “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. 5. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. 6. 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 sale described above. 7. The beneficiary of the Deed of Trust and holder of the note thereby secured reserves the right to submit a bid for the property at the sale, which bid may be in the form of a credit bid. 8. Such other terms as may be announced at the time of Sale. Given under my hand this 15th day of November, 2022. Campbell Woods, PLLC, Substitute Trustee By: J. Patrick Jones, Membe

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