Legal Notices

NOTICE OF TRUSTEE’S SALE Pursuant to the authority vested in the undersigned J. Patrick Jones, Trustee under that certain Deed of Trust dated July 13, 2015, executed by Barboza Produce, LLC, which deed of trust isof record in the Office of the Clerk of Cabell County, West Virginia, in Trust Deed Book 2579 at Page 283, the undersigned 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 ofsaid deed of trust. Therefore, the undersigned Trustee together with Joe R. Pyle Auction & Real EstateServices LLC will sell the real estate described in the Deed of Trust, at apublic auction on April 5, 2023, at12:00 p.m. (Noon) (Registration to begin at 11:30 a.m.) to the highest bidder at the east front door of the Courthouse of said County of Cabell, in Huntington,West Virginia, which real estate is more completely described as follows: All that certain lot, piece or parcel of land situate in City of Huntington, Cabell County, West Virginia, located on the south side of Seventh Avenue about 160 feet west of the west side of Fourth Street and being moreparticularly described as follows: BEGINNINGat a rebar (set) at the northeast corner of Parcel Two now owned by Huntington Fruit and Produce Terminal, Inc., (Deed Book 697, Page 487) and being on thewest CSX right of way line of Third Street Belt Line Railroad at its intersection with the south side of Seventh Avenue and the point of curvature ofa curve, concave Northeasterly, having a radius of 536.96 feet and a centralangle of 19DEGREES 08′ 33″; thence, Southeasterly along the arc of said railroadcurve to the left, from which the local tangent at the beginning point bearsSouth 38DEGREES 44′ 35″ East, a distance of 179.40 feet, said arc subtended by achord which bears South 48DEGREES 18′ 51″ East, a distance of 178.57 feet to arebar (set) at the point of intersection with a non-tangent line; thence, South12DEGREES 25′ 00″ East, a distance of 65.35 feet to a rebar (set); thence, alonga concrete dock South 77DEGREES 35′ 00″ West, a distance of 117.01 feet to the center of the fourth support column projected; thence, North 12DEGREES 24′ 33″West, a distance of 0.96 feet to the center of the said support column; thencesevering the grantor’s building North 12DEGREES 24′ 33″ West, a distance of106.15 feet to the center of the fourth support column from the east end of thesaid building; thence, North 12DEGREES 24′ 33″ West, a distance of 102.89 feetto an “X” marked on the concrete driveway (set) in the south right ofway line of the said Seventh Avenue; thence North 77DEGREES 35′ 44″ East, adistance of 12.28 feet to the BEGINNING, containing 0.370 acres, or 16,104.852square feet of land, more or less, and being the real estate known as PARCEL A onthat certain Plat showing Land to be Conveyed to Conrad Produce, Inc., datedNovember 25, 1996 prepared by Danny A. Porter; TOGETHER WITH an easement foringress and egress over the real estate situate to the east and an easement foruse of the docks situate to the west as more fully set forth in Deed Book 1075,at page 366. Terms and Conditions: 1.The successful bidder (“Purchaser”)shall pay a Ten Percent (10%) nonrefundable down payment payable to the Trusteeimmediately after the conclusion of the auction with balance due and payablewithin thirty (30) days from the date of the sale payable by certified check,cashier’s check, or wired funds. Inaddition to the sales price, the Purchaser will be responsible for a tenpercent (10%) “Buyer’s Premium” which will be added to the final bid amount anddue at time of sale payable to Joe Pyle Auction & Real Estate Services LLCto determine final aggregate contract price. Remote and r online bidding willalso be permitted. Please contact theauction company in advance of the sale to arrange for remote bidding, ifavailable. If remote and r online biddingis permitted and the successful bidder participated remotely and r online, thedown payment and buyer’s premium must be paid in full within twenty-four hoursof the conclusion of the sale or the Trustee reserves the right to reject thebid. 2.The sale of the property will be made subjectto all matters having priority over the deed of trust referred to herein includingbut not limited to any and all assessments and taxes against said property, allprior liens, encumbrances, lease, restrictions, covenants, conditions, rightsof way and easements of any nature whatsoever. 3.The purchaser shall be responsible for thepayment of the transfer taxes imposed by West Virginia Code 11-22-2. 4.The subject property will be sold in “AS IS” condition. The Trustee makes no representations and warranties of any kind or character including, but not limited to, the condition of thereal estate or the title to the real estate to be conveyed. 5.The Trustee shallbe under no duty to cause any existing tenant or person occupying the subject property to vacate said property. 6.The Trustee reservesthe 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 13th day of February, 2023. J Patrick Jones, Trustee 304-529-8560