Legal Notices

TRUSTEES’ SALE OF VALUABLE REAL ESTATE 7 Colonial Ct, Barboursville, WV 25504 In a Deed of Trust dated October 31, 2018, and duly recorded in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Deed of Trust Book 2721, at page 242 Michael T Chaney and Ariah G Chaney did convey unto FLYNN, MAX, MILLER & MILLER LC., 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 Cabell County Courthouse, 750 5th Avenue, Huntington, West Virginia 25701 on: September 13, 2023 At 12:00 PM The property for sale as described by the Deed of Trust is as follows: All surface only of all those certain lots, pieces or parcels of land situate on the Guyandotte River near the Village of Martha, in McComas District, Cabell County, West Virginia, known and designated on a certain plat of a Subdivision of Phase 1, Section B of Williamsburg Colony, a copy of which plat has been filed for record in the Office of the Clerk of the County Commission of Cabell County, West Virginia in Deed Book 870 at Page 150 as Lots Numbers 7 and 7-A. The Grantee herein for and on behalf of itself, its successors, and assigns, by acceptance of this Deed consent and agree as follows: 1.That the property herein conveyed shall be used for residential purposes only and no residence shall be erected, placed or permitted to remain on said property other than one detached single family dwelling. 2. That the property shall not be further subdivided for the purpose of building thereon. 3. That it is further agreed and understood that the right of way for sewer lines in place are excepted and reserved from this conveyance, which said right of way shall carry with it an easement for any necessary maintenance work to be done on said lines. 4. That any residence constructed on the property hereby conveyed will be connected to the sanitary sewer presently owned by Williamsburg Sewer System, Inc and the owner of such residence shall pay service fees and tap fees as authorized by the Public Service Commission of West Virginia, which said fees shall be secured by a lien against the property hereby conveyed. 5. That this conveyance creates a membership in the Colonial Association of Williamsburg Colony, Inc, and the Grantee herein shall be subject to all rights, privileges, duties and obligations of such membership. 6. That no exterior television antenna or television reception structure, including but not limited to a satellite dish shall be erected or installed nearer to the front property line of the property than the rear building line of the residence thereon, and shall not extend above the highest point of the rear roof line of the residence. 7. That no animals, livestock, or poultry of any kind shall be raised, kept, or bred on said property, except that dogs, cats or other household pets may be kept provided they are not kept, bred, or maintained for any commercial purposes. 8. That no dwelling or garage of any kind or nature may be erected on this property closer than thirty (30) feet to Colonial Court. Any fence or outbuilding constructed on the subject property must be constructed west of the rear foundation line of the dwelling constructed thereon. Any outbuilding or garage constructed on the subject property shall be a finished structure completed on the outside and kept in good repair. 9. That the owner of this property, in addition to any garage or carport space he may choose to construct, shall provide off-street space on the driveway or elsewhere on the property for parking of at least two automobiles. All private driveways shall be graded and surfaced so as to preclude the drainage, slippage and spillage of dirt, gravel, rocks, and other substances upon the public road. 10. That no part of the property shall be used for the Storage of boats, boat trailers, house trailers, mobile homes, travel trailers, campers, and other recreational vehicles or any other similar item unless stored in a garage out of public view. 11. That no junk motor vehicles shall be permitted on the property. A junk motor vehicle shall be deemed a vehicle without a current license plate or not in operating condition for a period of thirty days. 12. That shrubbery, grass and other plantings shall be properly maintained and cared for in order to provide an attractive landscape. No lumber, metals, bulk materials refuse, or trash shall be kept, stored, or allowed to accumulate on the property except that which is stored in garage or interior areas of the buildings constructed on the property. No incinerators or burning barrels for disposal of such materials shall be allowed if garbage pick-up is available. 13. That the invalidation of any one of these covenants by judgment of a Court Order or Decree shall in no wise affect any of the other provisions which shall remain in full force and effect. 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 Cabell 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 $16,000.00 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. 1581 Main Street, Suite 200 The Shops at Valley Square Warrington, PA 18976 (215) 572-8111, Fax: (215) 572-5025 www.sterneisenberg .com LH-148775 3-17,24;2023