Legal Notices

NOTICE OF TRUSTEE’S SALE NOTICE is hereby given by virtue of that certain Deed of Trust executed by Sierra Bird – Hayes, dated December 11, 2021, of record in the Office of the County Commission of Cabell County, West Virginia, in Trust Deed Book 2599, Page 117, conveyed unto J. R. Wilson, Trustee; and by virtue of that certain Substitution of Trustee, dated February, 26, 2021, of record in the aforesaid Clerk’s Office in Book 406, page 640, appointing Eric S. Embree in place of stead of, J. R. Wilson, as Trustee, the maker of the note and obligation having failed to pay the same as provided for under the terms of the Note and Deed of Trust and the holder of said Note having declared the balance to be due and payable and having requested the undersigned to make sale of the real estate described in said Deed of Trust, the undersigned will offer for sale and sell at public auction to the highest bidder on the 9th day of January, 2023, at 1:00 p.m., at the East, 8th Street door of the Courthouse of Cabell County, in Huntington, West Virginia, the following described real estate: All of the following described real estate, together with the improvements thereon and the appurtenances thereunto belonging, situate a short distance east of the Union Baptist Church and on the south side of the Teays Valley Road (James River and Kanawha Turnpike) and on the west side of the Mud River Road in Grant District, Cabell County, West Virginia and being more particularly bounded and described as follows: BEGINNING at a set stone in the northeast corner of the tract of land formerly belonging to Albert Hysell and Effie Hysell and the southeast corner of C. W. Dillon’s property; thence westerly with the said Dillon line 211 feet, more or less, to the east line of a 14 foot right of way (road); thence southerly with said right of way 50 feet to another stone set n the ground; thence easterly and parallel with the first described line 205 feet, more or less, to the J. W. Williams line at another set stone; thence northerly with the said Villers line 50 feet to the place of beginning, containing one fourth (ONE-QUARTER) of an acre, more or less. Being the same real estate conveyed unto Sierra Bird-Hayes by Jonathan K. Browning, by deed dated December 11, 2015, recorded in the Office of the Clerk of the County Commission of Cabell County, West Virginia in Deed Book 1336, page 582. It is the intention of this notice to sell the secured property by proper description as was intended to be transferred and conveyed in the aforesaid deed of trust. The described real estate is reported to have a mailing address of: 1361 Sundown Lane, Milton, West Virginia, 25041. TERMS OF SALE: Sale will be made without warranty, as is, subject to all unpaid real property taxes and special assessments, if any, and also subject to any exceptions, reservations, restrictions, covenants, conditions, agreements and easements as found in the chain of title which affect any part of the property aforesaid, specifically including any which may be incorporated by reference in the aforesaid deed of trust. Any buyer is advised to retain counsel before the sale. The Purchaser shall be responsible for the payment of the transfer taxes imposed by the West Virginia Code 11-22-1. 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. Trustee at sale is under no duty to cause any existing tenant or person occupying the subject 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. The total purchase price is payable to the Trustee by certified check, cash or the equivalent within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale by certified check, cash or the equivalent. Should any party have any inquires, objections to the sale or protests regarding the sale, or request regarding the sale, please notify the Trustee below. 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. The part(ies) secured by the Deed of Trust reserve the right to purchase the property at such sale. If the purchaser at sale is unable to complete the terms of purchase within 30 days, the Trustee reserves the right to transfer the property to the next highest bidder. Any sale hereunder may be adjourned from time to time without any notice other than oral proclamation, at the time and place appointed for this sale or by posting of a notice of the same. Should the Trustee not appear at the time appointed for the sale and there is no notice posted of a continuance please contact the office of the Trustee to make further inquiry. Any sale may be conducted or adjourned by the designated agent or attorney of the Trustee. The undersigned is fully vested with the authority to sell said property as Trustee by instrument of record. Given under my hand this 12th day of December, 2022. ERIC S. EMBREE, Substitute Trustee Tyree Embree and Associates, PLLC 3564 Teays Valley Road Hurricane, West Virginia 25526 Phone: (304) 757-0021 LH-142571 12-20,27;2022