Cabell

Legal Notices

NOTICE OF SUCCESSOR TRUSTEE’S SALE NOTICE OF SUCCESSOR TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Successor Trustee by that Deed of Trust, executed by borrower, Jonathan James and Mary James, dated November 1, 2007, and recorded on November 5, 2007 in the office of the Clerk of the County Commission of Wayne County, West Virginia (the “Clerk’s Office”), in Book 662, at Page 801. Matthew L. Ward (“Successor Trustee”) was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated November 8, 2019, and recorded in the Clerk’s Office on December 19, 2019, in Book 816, at Page 451. The borrower(s) have defaulted under the Note and Deed of Trust and the Successor Trustee has been instructed, by Inez Deposit Bank (Martin County, KY), to foreclose under the Deed of Trust. Accordingly, the Successor Trustee will sell the following described property to the highest bidder at the front door of the Courthouse of Wayne County, in Wayne, West Virginia, on: FRIDAY, JANUARY 31, 2020 AT 9:00 A.M. The property is described as that certain parcel of land, together with all improvements thereon and the appurtenances thereto, and being more particularly described as follows: PARCEL NO. 1 All that certain tract or parcel, together with improvements thereon, situate about one (1) mile north of the Town of Crum, on U.S. Highway No. 52, in Lincoln District, Wayne County, West Virginia, bounded and described as follows: BEGINNING at an iron stake situate in the westerly right-of-way line of U.S. Route No. 52; thence, leaving said Highway, and running in a westerly direction a distance of 82 feet, to an iron stake; thence, running in a southerly direction a distance of 70 feet to an iron stake situate in the northerly right-of-way line of a private road; thence, running with the northerly edge of said private road in an easterly direction, a distance of 78 feet to an iron stake situate in the westerly right-of-way line of U.S. Route No. 52; thence, running in a northerly direction with the westerly right-of-way line of U.S. Route No. 52, back to the iron stake, the point of beginning, and containing approximately ONE-EIGHTH (1/8th) ACRE, be the same more or less. PARCEL NO. 2 All those certain lots, pieces or parcels of real estate situate about one mile north of the Town of Crum, on U.S. Highway No. 52, Lincoln District, Wayne County, West Virginia, being more particularly bounded and described as follows: Beginning at an iron stake near a chestnut at the right-of-way of U.S. Highway No. 52; thence a straight line to a black oak on a bench; thence continuing in a straight line on up the point to a speckled oak; thence a line with the center of the point to a black oak near the line of W.D. Davis’ land; thence running with the line of W.D. Davis’ land in a westerly direction to W.R. Corns’ line; thence turning to the left and in a northerly direction, and running with W.R. Corns’ line to a walnut on the top of a point; thence turning to the left and running in a northeasterly direction to the head of a drain; thence running with said drain to a culvert at U.S. Highway No. 52; thence with the line of right-of-way of U.S. Highway No. 52, to the beginning, containing FIFTEEN (15) ACRES, more or less. EXCEPTING and RESERVING from the operation of this conveyance, approximately one (1) acre conveyed to Edna Fitch by deed from Laura Farley and Oscar Farley, her husband, dated August 12, 1957, recorded in the office of the Clerk of the County Commission of Wayne County, West Virginia, in Deed Book No. 292, at page 205. FURTHER EXCEPTING and RESERVING from the operation of this conveyance, approximately 1/8th acre, reserved by Laura Farley and Oscar Farley, her husband, by deed dated March 13, 1970, recorded in the office of the Clerk of the County Commission of Wayne County, West Virginia, in Deed Book No. 394, at page 101. FURTHER EXCEPTING and RESERVING from the operation of this conveyance approximately 2 ‘/2 acres conveyed to Teresa Pauline Copley from Ervin Allen and Armenda Allen, his wife, by deed dated September 24, 1982, recorded in the office of the Clerk of the County Commission of Wayne County, West Virginia, in Deed Book No. 482, at page 609; the said Teresa Pauline Copley having conveyed said real property back to Armenda Allen. The party of the first part, Armenda Allen, does hereby further EXCEPT and RESERVE an easement for herself and her heirs and assigns, fifteen (15) feet in width across the property being transferred herein, said easement to be located on what is used now as a family cemetery road from Route 152 to the aforedescribed 2 1/2 acres parcel which is being conveyed back to Armenda Allen by Teresa Copley, for the purpose of providing ingress and egress to said 2 1/2 acres. And being the same land conveyed to Jonathan James and Mary James, his wife, by deed from Teresa Pauline Copley Kleiman, unmarried, deed dated the 28th day of July, 2005, of record in Deed Book 640, Page 434, and by deed from Ronald Copley, deed dated July 28, 2005, of record in Deed Book 640, Page 439, records of the Wayne County Court Clerk’s Office. Common Address: Route 1, Box 80, Riverbend Road, Crum, West Virginia 25669 TERMS OF SALE: 1. The property will be conveyed in an “AS IS, WHERE IS” physical condition by Deed containing no warranty, express or implied; 2. Subject to any and all assessments and taxes against said property, and all prior liens and encumbrances of any nature whatsoever; 3. The purchaser shall be responsible for the payment of the transfer taxes imposed by Article 22 of Chapter 11 of the West Virginia Code; 4. The Beneficiary and/or Servicer of the Deed of Trust and Note reserve the right to submit a bid for the property at sale; 5. The Successor Trustee reserves the right to adjourn the sale, for a time, or from time to time, without further notice by announcement at the time and place of sale described above or any adjournment thereof; 6. The Successor Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate the property, and any personal property and/or belongings remaining at the property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY; 7. The total purchase price is payable to the Successor Trustee by cashier’s check, cash or the equivalent within thirty (30) days of the date of sale, with ten (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the Trustee at sale by cashier’s check, cash or the equivalent. Given under my hand this 27th day of December, 2019. Matthew L. Ward, Successor Trustee 611 Third Avenue Huntington, West Virginia 25701 Phone: 304-529-6181 LH-85640 1-8,15;2020