Legal Notices

TRUSTEE’S SALE OF VALUABLE REAL ESTATE The undersigned Substitute Trustee, by virtue of the authority vested in him by that certain Deed of Trust, dated March 26, 2008, and duly recorded in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Document No. 285555, in Book No. 2218, at Page 536, Pagett M Dusic and Robert C Borror did convey unto Century Title and Escrow Servicers, LLC Norman L. Folwell, Esq., Trustee(s), certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Seneca Trustees, Inc., as Substitute Trustee; and default having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by Flagstar Bank, FSB to foreclose thereunder, will offer for sale at public auction at the front door of the Fourth Avenue Entrance of the Cabell County Courthouse in Huntington, West Virginia, on August 15, 2023 at 2:00 PM the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in 01 – Barboursville District, Cabell County, West Virginia, and more particularly described as follows: All that certain lot, piece or parcel of land, situate in Barboursville District, Cabell County, West Virginia, known and designated on a map of Pancake Realty Company’s Pea Ridge Road Subdivision, a copy of which map was filed in the Office of the Clerk of the County Commission of Cabell County, West Virginia, on the 2nd day of September, 1952, in Map Book 5, Map No. 80, Lot Number 19, and being more particularly described as follows: BEGINNING at a point in the South line of Wilkinson Street, at a corner between Lots 18 and 19, as shown on said map; thence with the said line of Wilkinson Street, easterly 70 feet to the corner between Lots 19 and 20; thence with the line between said Lots, southerly 180 feet, thence westerly and parallel to the said line of Wilkinson Street, 70 feet to the southerly corner between said Lots 18 and 19; thence with the line between said Lots, northerly 180 feet to the point of BEGINNING. There is the following right of way, from James A. Light and Ashton E. Light to Pea Ridge Public Service District, by deed dated June 1, 1964, filed for record on September 29, 1964, in Deed Book 199, at page 358. There are the following seven (7) restriction for Pancake Realty Company’s, Pea Ridge Road Subdivision, Cabell County, West Virginia: First: No lot shall be used except for residential purposes and no building shall be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling not to exceed two an one half stories in heights and the necessary and proper outbuildings pertaining thereto. Second: No dwelling shall be erected or permitted on any lot of a cost of less than $5,000.00 based upon cost levels prevailing on the date these covenants are recorded. No one story residence shall be less than 700 sq. ft. floor area. Third: No building shall be erected or maintained nearer to the front line or street line of any lot than twenty (20) feet. For the purpose of this covenant, steps, porticoes, and porches are excepted, provided they do not project more than five (5) ft. into said reserved space. Fourth: No obnoxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood. Fifth: No structure of a temporary character trailer, basement, tent shack, garage, barn or other outbuildings shall be used on any lot at any time as a residence either temporarily or permanently. Sixth: No fence (except a hedge fence) or wall shall be erected or maintained upon any lot nearer to the street line or lines than the front wall or walls of the dwelling. Seventh: The foregoing covenants shall run with the land. Being the same property conveyed unto Robert C. Borror and Pagett M. Dusic by Deed dated September 11, 2003, filed for record on September 29, 2003, in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Deed Book 1114, at Page 93. Also being the same property conveyed unto Charlotte A. Hamlin, by Deed dated April 7, 1997 of record in the aforesaid Clerk’s office in Deed Book 1016, at page 50. At the time of the execution of the Deed of Trust, this property was reported to have an address of: 216 Wilkinson St, Huntington, WV 25705. The referenced real estate will be conveyed with no covenants of warranty, and subject to all covenants, restrictions, easements, rights of way and reservations which may be a matter of record in the aforesaid Clerk’s Office or visible upon the ground, all prior liens and encumbrances, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges. The purchasers at the sale shall be responsible for paying the recording costs and also the tax on the privilege of transferring real property (the cost of the tax stamp to be affixed to the deed). The purchasers shall be responsible for payment of all real estate taxes. The subject property will be sold in “AS IS” condition. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. TERMS: $6000.00 in cash and r certified funds as deposit at the time of sale with the balance due and payable within 30 days of the day of sale. 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. Pursuant to the Deed of Trust, the Trustee may postpone the sale by public announcement at the time and place designated or by posting a notice of the same, and act by agent in the execution of the sale. The parties secured by the Deed of Trust reserve the right to purchase the property at such sale. SENECA TRUSTEES, INC. 5000 Coombs Farm Drive, Suite 104 Morgantown, WV 26508 (304) 413-0044 (304) 292-2918 Toll free: (888) 534-3132 Reference File No. 13502 LH-155103 06-30;2023 07-07;2023