Legal Notices

NOTICE OF TRUSTEE’S SALE NOTICE OF TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, WV Trustee Services, LLC, by that certain Deed of Trust dated July 28, 2003, executed by Borrowers, Kimberly Sue Cummings and Robert Donald Cummings, to James B Crawford, III, the Trustee of record in the office of the Clerk of the County Commission of Cabell County, West Virginia, in Book 1863, at Page 648. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 2798 Lower Creek Rd, Milton, WV 25541. WV Trustee Services, LLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated August 16, 2022, of record in the Clerk’s Office in Book 413, Page 114. The borrowers defaulted under the Note and Deed of Trust and the Substitute Trustees have been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustees will sell the following described property to the highest bidder at the front door of the Courthouse of Cabell County, in Huntington, West Virginia, on the following date: 16th day of December, 2022 at 10:30 a.m. All that certain tract or parcel of land situate on the waters of Lower Creek, a tributary of Mud River, in Grant and Union Districts, in Cabell County, West Virginia, and bounded and described as follows: to-wit: “BEGINNING at a hickory and white oak stump at call of hickory, white oak and gum by large rock on hillside, facing right fork of said creek, corner to G. A. Northott, Trustee (Tract O), thence with said Tract”O”, S. 47DEGREES (54DEGREES 48`), West leaving said Tract “O” at 103 poles and 23 links, at stone, and continuing in same course with G. C. McComas, in all 150 poles (152 poles and 7 links), to white oak at call of 2 white oaks, on hillside; S. 79DEGREES (73DEGREES ) East crossing County road 20 poles to stake at call of two sugar trees and sycamore, on west of said right fork just above junction and near bridge, corner to said G. A. Northcott, Trustee, (Tract Q), leaving said McComas and running with said Tract “Q” N. 42DEGREES (45DEGREES 51`) East, re-crossing said road and crossing said right fork at four poles in all 30 poles to stake, at call of sugartree and beech on hillside; N. 72DEGREES (75DEGREES 51`) East 120 (129 ONE-QUARTER) poles to stake at call of gum, dogwood and hickory, on hillside, below drain, and witnessed by sugartree bearing N. 6 ONE-HALFDEGREES East 11 links N. 2DEGREES West (N. 1DEGREES 51` E.) crossing said drain and also another drain, 87 (89) poles to white oak stump at call of white oak, gum and dogwood, on hillside, N. 35DEGREES (32DEGREES 09`), West 48 poles and 7 ONE-HALF links to there white oaks on hillside, in line of said Tract “Q”, and corner to 47 31/86 acres allotted to said Francis J. Templeton; leaving said tract “Q” and running with said 47 31/86 acres, S. 63 ONE-HALFDEGREES W. re-crossing said right fork at 4 4 5 poles in all 57 25/8 poles to stake on hillside near drain, in line of said tract “O” and witnessed by sugartree bearing N. 80 ONE-HALFDEGREES E. 13 ONE-HALF links, and by black oak bearing S. 81 ONE-HALFDEGREES W. 13 ONE-HALF links, leaving said 47 51/86 acres and running with said Tract “O”, S. 38DEGREES (35DEGREES 16 15/8) East 68 poles to the beginning containing 61 31/86 acres more or less. Excepting from this conveyance that certain piece or parcel of land which was heretofore conveyed to James J. Clagg, by Charles A. Templeton, by his deed of exchange for land dated the 21st day of April, 1921, which said deed has been duly recorded in the Clerk`s Office of Cabell County Court of Cabell County, West Virginia, for a more particularly description of said land, excepted out from this conveyance, reference is here made to said deed. Excepting that certain other piece or tract of land being and lying on Lower Creek, in Grant District, in Cabell County, West Virginia, which is more particularly described as follows, to-wit: There is to be excepted from the operation of this Deed, the lands heretofore conveyed to A. J. Hatfield, and to James Jordan, whose deeds of conveyance executed by C. A. Templeton, are now of record in Cabell County, Clerk`s Office, and reference is here made to said deed for a description of said lands. “Beginning at a stone on a point above as barn now owned by the said first party, thence S. 12DEGREES E. 130 feet to a stake at corner of a garden fence; 2DEGREES 30` W. 77 feet to a pear tree near said fence; S. 10DEGREES W. 180 feet to a stake at corner of said garden; S. 7DEGREES W. 314.5 feet to a rock on hillside; S. 72DEGREES E. 45 feet to a stake at the call of gum, dogwood and hickory corner to a survey of 126 acres made by Templeton, and with said N. 2DEGREES W. (N. 4DEGREES 37`) 698.8 feet to a rock above said Templeton`s barn; thence N. 66DEGREES E. 15.5 feet to the beginning, containing ONE-HALF acres, to the same or less”. Also excepting and reserving a 2.68 acres tract conveyed to State of West Virginia in Deed Book 419, at page 400 and also excepting and reserving a 1.46 acre tract conveyed to Marvin M. Edwards and wife in Deed Book 664, at page 270 and shown as 56.66 acres on land book. Being the same property conveyed to Kimberly Sue Cummings and Robert D Cummings by the Deed dated April 10, 1998 and recorded in Deed Book 1032 at Page 708 in the Office of the Clerk of the County Commission of Cabell County, West Virginia. TERMS OF SALE: 1) The property will be conveyed in an “AS IS” physical condition by Deed containing no warranty, express or implied, subject to the Internal Revenue Service right of redemption, all property taxes, prior Deeds, liens, reservations, encumbrances, restrictions, rights-of-ways, easements, covenants, conveyances and conditions of record in the Clerk’s office or affecting the subject property. 2) The Purchaser shall be responsible for the payment of the transfer taxes imposed by the West Virginia Code 11-22-1. 3) The Beneficiary and r the Servicer of the Deed of Trust and Note reserve the right to submit a bid for the property at sale. 4) The Trustee reserves the right to continue sale of the subject property from time to time by written or oral proclamation, which continuance shall be in the sole discretion of the Trustee. 5) The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate said property, and any personal property and r belongings remaining at the property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY. 6) The total purchase price is payable to the Trustee within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale. WV Trustee Services, LLC, Substitute Trustee Dionne Reynolds, Limited Signing Officer WV Trustee Services, LLC McGuire Office Center 618 Tenth Street, Suite 108 Huntington, WV 25701 (304) 853-3336 dionne.reynolds@ wvtrusteeservices.com