Legal Notices

TRUSTEES’ SALE OF VALUABLE REAL ESTATE 7327 Frame Road, Elkview, WV 25071 In a Deed of Trust dated May 24, 2013, and duly recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed of Trust Book 3959, at page 363 Jeff A Ashcraft did convey unto KENNETH E. PRICE, Trustee, certain real property. The beneficial holder of that Deed of Trust has elected to appoint Terra Abstract Trustee West Virginia, Inc. as substitute trustees by a Substitution of Trustee recorded in the aforesaid Clerk’s Office. Default having occurred under the Deed of Trust and the beneficial holder having instructed the undersigned Trustees to foreclose, this real property will be sold at public auction at the front door of the Kanawha County Courthouse, 407 Virginia Street, East, Charleston, West Virginia 25301 on: January 26, 2023 At 12:00 PM The property for sale as described by the Deed of Trust is as follows: ALL OF THOSE CERTAIN PARCELS OF LAND, TOGETHER WITH THE IMPROVEMENTS THEREON AND THE APPURTENANCES THEREUNTO BELONGING, SITUATE ON LITTLE SANDY CREEK, ABOUT ONE MILE ABOVE WHAT IS USUALLY KNOWN AS “FRAME, WEST VIRGINIA”, IN ELK DISTRICT, KANAWHA COUNTY, WEST VIRGINIA, SAID PARCELS OF LAND BEING HERINAFTER MORE PARTICULARY BOUNDED AND DESCRIBED, AND BEING SHOWN ON A CERTAIN MAP, HAVING BEEN MADE BY BANKS ENGINEERING CO., INCORPORATED, BEING DATED JANUARY 9, 1973, BEING ENTITLED “SURVEY OF THE RESIDUE OF CC. CANTERBURY FARM SITUATED ON LITTLE SANDY CREEK, ABOUT ONE MILE ABOVE FRAME, W.VA ELK DISTRICT, KANAWHA COUNTY, WEST VIRGINIA (NEW DIST. 4)”, SAID MAP BEING HEREINAFTER ATTACHED AND MADE A PART OF THAT CERTAIN DEED OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF KANAWHA COUNTY, WEST VIRGINIA, IN DEED BOOK 1679, AT PAGE 693, AND SAID PARCELS, HEREIN CONVEYED, BEING HEREAFTER MORE PARTICUARLY DESCRIBED: FIRST PARCEL: BEGINNING AT AN IRON PIPE AT A FENCE CORNER IN THE WESTERLY RIGHT-OF-WAY LINE OF WEST VIRGINIA STATE ROAD NO. 43, AND THENCE UP THE HILL; ALONG A FENCE LINE, MORE OR LESS, N. 52 DEGREES 50` 20“ W. 818.64 FEET TO AN IRON PIPE AT THE INTERSECTION POINT OF FENCES; THENCE FOLLOWING A RIDGE ALONG THE FENCE LINE, MORE OR LESS, N. 12 DEGREES 50` 30″ E. 847.49 FEET TO AN IRON PIPE; THENCE N. 3 DEGREES 58` E. 121.69 FEET TO AN IRON PIPE, CONTINUING ALONG A FENCE, ON THE RIDGE; THENCE N. 6 DEGREES 36` E. 206.36 FEET TO AN IRON PIPE, A CORNER OF FENCES; THENCE ALONG A FENCE LINE, LEVEL, FOR A SHORT DISTANCE, AND THEN DOWN THE HILL, S. 61 DEGREES 53` E. 746.30 FEET TO AN IRON PIPE; THENCE, AND CONTINUING DOWN SAID HILL, AND ALONG A FENCE LINE; S. 51 DEGREES 28` E. 427.4 FEET TO AN IRON PIPE, THENCE DOWN A STEEP GRADE S. 75 DEGREES 39` E. 555.17 FEET TO AN IRON PIPE IN THE WESTERLY RIGHT-OF-WAY LINE OF THE AFORESAID WEST VIRGINIA STATE ROAD NO. 43; THENCE ALONG SAID RIGHT-OF-WAY LINE OF WEST VIRGINIA STATE ROAD, ON A CHORD, S. 33 DEGREES 35` W. 272.98 FEET TO AN IRON PIPE; THENCE CROSSING THE RIGHT- OF-WAY OF SAID WEST VIRGINIA STATE ROAD S. 49 DEGREES 13` E. 40 FEET TO AN IRON PIPE; THENCE FOLLOWING LITTLE SANDY CREEK N. 89 DEGREES 53` E. 137 FEET TO AN IRON PIPE IN SAID CREEK; THENCE S. 43 DEGREES 26` E. 176.5 FEET TO THE MOUTH OF JAKE`S RUN; THENCE S. 27 DEGREES 21` W. 58.35 FEET TO AN IRON PIPE; THENCE CROSSING THE AFORESAID ROAD RIGHT-OF-WAY, AND UP A HILL, S. 15 DEGREES 41` W. 128.6 FEET TO A FENCE CORNER AND TREE; THENCE FOLLOWING AN OLD FENCE LINE, UP A HILL S. 2 DEGREES 7` E. 374.28 FEET TO AN IRON PIPE; THENCE ALONG AN OLD FENCE LINE. MORE OR LESS, S. 52 DEGREES 55` W. 166.42 FEET TO AN IRON PIPE; THENCE, AND CONTINUING ALONG THE LINE OF AN OLD FENCE, S. 52 DEGREES 23` W. 549.38 FEET TO THE CORNER OF TRACT OF 8.77 ACRES, BEING “SECOND PARCEL`, HEREINAFTER CONVEYED AND DESCRIBED; AND THENCE DOWN THE HILL, CROSSING SAID LITTLE SANDY CREEK AND THE RIGHT-OF-WAY OF WEST VIRGINIA STATE ROAD NO, 43, N. 52 DEGREES 33` 20″ W. 781.44 FEET TO THE PLACE OF BEGINNING AND CONTAINING 50.3 ACRES, MORE OR LESS, NOT INCLUDING ACREAGE FOR THE AFORESAID ROAD RIGHT-OF-WAY. SECOND PARCEL: BEGINNING AT AN IRON PIPE, IN THE SOUTHEASTERLY CORNER OF THE AFORESAID PARCEL OF 50.3 ACRES, HEREINBEFORE DESCRIBED, AND AS SHOWN ON THE AFORESAID MAP, AND THENCE S. 48 DEGREES 15` W. 103.5 FEET TO AN IRON PIPE; THENCE S. 50 DEGREES 34` W. 129.9 FEET TO AN IRON PIPE; THENCE S. 50 DEGREES 8` W. 303.06 FEET TO AN IRON PIPE; THENCE N. 56 DEGREES 00` W. 352.23 FEET TO AN IRON PIPE; THENCE N. 69 DEGREES 54` W. 151.8 FEET TO AN IRON PIPE ON THE CREEK BANK; THENCE ALONG THE CENTER OF LITTLE SANDY CREEK, REFERENCED CHORDS AND IRON PIPES, ALONG SAID CREEK, AND FOLLOWING COURSES AND DISTANCES N. 1 DEGREES 1` E. 161.45 FEET TO AN IRON PIPE; N. 18 DEGREES 27` E. 170.1 FEET TO AN IRON PIPE; N. 41 DEGREES 22` E. 128.26 FEET TO AN IRON PIPE, AND N. 72 DEGREES 54` E. 210.6 FEET TO AN IRON PIPE: AND THENCE, UP THE HILL AND ALONG A LINE OF THE AFORESAID PARCEL OF 50.03 ACRES, S. 52 DEGREES 33` 20” E. 632.24 FEET TO THE PLACE OF BEGINNING; CONTAINING 8.77 ACRES, MORE OR LESS. THE SUBJECT PROPERTY IS MADE EXPRESSLY SUBJECT TO THE RESERVATION OF ALL THE INTEREST AND INTEREST RIGHTS, IN, AND TO, ALL THE COAL, OIL, GAS, AND OTHER MINERALS, IN, AND UNDER, THE SAID TWO PARCELS OF REAL ESTATE HEREINBEFORE DESCRIBED, TOGETHER WITH THE NECESSARY RIGHTS TO REMOVE SUCH MINERALS, AND THIS CONVEYANCE IS MADE SUBJECT TO ANY, AND ALL, PRIOR RESERVATIONS AND OUT-CONVEYANCES OF ANY, AND ALL, MINERALS AND MINERAL INTEREST, HERETO BEFORE MADE, AND CONTAINED IN THE CHAIN OF TITLE TO THE AFORESAID REAL ESTATE, AS SET FORTH IN THE AFORESAID DEED OF RECORD IN THE SAID CLERK`S OFFICE IN DEED BOOK 1679, AT PAGE 693. THE SUBJECT PROPERTY IS FURTHER MADE SUBJECT TO, AS SET FORTH IN THE AFORESAID DEED OF RECORD IN THE SAID CLERK`S OFFICE IN DEED BOOK 1679, AT PAGE 693, THE RESERVATION OF A CERTAIN RIGHT-OF-WAY, TO BE USED BY THE DESCENDANTS OF MR. AND MRS. W.H. CANTERBURY TO WHAT IS KNOWN AS “C. C. CANTERBURY CEMETERY”, SAID RIGHT-OF-WAY BEING SHOWN ON A CERTAIN MAP ATTACHED AND MADE A PART OF THE AFORESAID DEED, SAID MAP HAVING BEEN MADE BY ARTHUR K. BANKS, C.E., AND SHOWING RIGHT-OF-WAY TO SAID CEMETERY, SAID CEMETERY, INCLUDING ANY ADDITIONS THERETO, BEING RESERVED FROM THIS OPERATION OF THIS CONVEYANCE. THE SUBJECT PROPERTY IS ALSO FURTHER MADE SUBJECT TO ANY, AND ALL RIGHTS-OF-WAY, AND OIL AND GAS LEASES, IF ANY, PERTAINING TO THE AFORESAID LAND OF RECORD IN THE AFORESAID CLERK`S OFFICE. MAP ARCEL NUMBER: 97/80 & 97/88 COMMONLY KNOWN AS: 7327 FRAME ROAD, ELKVIEW, WV 27071 The purchaser will take the property subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real property. The purchaser will be responsible for paying any transfer stamp, excise taxes, and recording costs associated with recording the Trustee’s Deed into their name. The purchaser will be responsible for paying any unpaid property taxes owed to the Sheriff of Kanawha County prior to or following the sale directly to the Sheriff. The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance having priority over the deed of trust referred to herein. The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance that is junior (“junior claims”) to this Deed of Trust and to which sufficient notice was not given. In that case, unless such right to notice is waived, the chain of title shall not merge with this Deed of Trust as to those unnoticed deeds of trust, judgments, liens, and other encumbrances and will be subject to a further noticed and published sale under this Deed of Trust pursuant to W.Va. Code 38-1-4, in which bidding shall resume at the last highest bid given. In the event of a surplus of such sale, the mortgagors and noticed junior lienholders are hereby on notice that if such surplus is less than Two Thousand Five Hundred Dollars ($2,500.00), then the Substitute Trustee will disburse those proceeds to the most senior interest holder as it sees fit, unless an objection is made in writing. The Trustees do not guarantee or represent that the boundaries described above are accurate, are not encroached upon, or that any particular structure located on the property is contained within the described boundaries. The property is therefore sold subject to an accurate survey at purchaser’s expense. The Trustees reserve the right to adjourn the sale, for a time, or from time to time, by announcement at the time and place of sale described above or any adjournment thereof. Such adjournment will be noticed by posting a notice at the front door of the county courthouse or where such notices are traditionally posted at the county courthouse. Such notice will include the date and time when such sale will reconvene. The Trustees reserve the right to reject any and all bids for any reason. The Trustees make no representations as to the condition of the property. The property will be sold in “AS IS” condition. The Trustees make no representations as to whether the property is occupied. The purchaser is responsible for gaining access and possession of the property. Trustees shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. The purchaser may assign its rights prior to the delivery of the trustee’s deed by a signed request in writing to the trustee; the assignee of the purchaser shall be bound by all terms and conditions applicable to the purchaser. The Trustees will deliver a trustees’ deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code 38-1-6. The Trustees make no representations and warranties about the title of the real estate to be conveyed. If the Trustees are unable to convey insurable or marketable title to purchaser for any reason, purchaser’s sole remedy is return of deposit. TERMS OF SALE: Purchaser must bring $14,000.00 cash in hand at the time of sale as a deposit in the form of a certified check or cashier’s check made payable to “Stern & Eisenberg, PC, counsel for Terra Abstract Trustee West Virginia, Inc.” Those appearing without their deposit will not be allowed to bid. The balance of the successful purchaser’s bid must be proffered in cash within 30 days of the date of the sale. Purchaser shall pay for transfer stamps and recording fees. Additional terms of sale may be announced prior to the sale. Terra Abstract Trustee West Virginia, Inc. 9920 Franklin Square Drive, Suite 100 Baltimore, MD 21236 (410) 635-5127, (443) 815-3931 www.sterneisenberg. com LC-141218 11-251/82-02;2022