Legal Notices

NOTICE OF TRUSTEE’S SALE Notice is hereby given, by virtue of the authority vested in the undersigned, J. Nicholas Barth, Successor Trustee, by that certain Deed of Trust made by Phyllis Boggs, Margaret F. Boggs and Mary Ann Murdock to P. Michael Pleska and F. Thomas Graff, Jr., Trustees, bearing date October 22, 2008, and of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Trust Deed Book 3691 at page 503; the said J. Nicholas Barth acting as Successor Trustee by virtue of that certain Appointment of Successor Trustee dated February 12, 2020, of record in the aforesaid Clerk’s Office in Trust Deed Book 4408 at page 182; and default having been made in the payment of the Note secured by the aforesaid Deed of Trust, and having been requested in writing by the owner and holder of the Note, the undersigned Successor Trustee will offer for sale, at public auction, to the highest bidder at the North Front Door of the Courthouse of Kanawha County, West Virginia, in the City of Charleston, West Virginia, on the 8th day of September, 2023, at 10:45 o’clock a.m., all those certain two tracts of land, together with the improvements thereon and the appurtenances thereunto belonging, situate on Flatwoods Branch of Indian Creek in Elk District, Kanawha County, West Virginia, said parcels of land being more particularly bounded and described as follows: PARCEL NO. I: BEGINNING at a point on the northerly line of West Virginia Secondary Route 471/4, at the common southerly corner of a tract of land owned by John D. Acree; thence leaving the southerly line of said Lot 2 and running with the George C. Acree line, N. 16 10′ 30″ E, a distance of 556.35 feet to a point in the northerly line of a thirty foot right of way; thence running with the northerly line of said thirty foot right of way S. 79 44′ 55″ E., a distance of 91.59 feet to a point in a tract of land formerly owned by Mary Acree Boggs; thence running with the northerly line of said thirty foot right of way S. 83 38′ E., a distance of 95.78 feet; thence continuing with the northerly line of said right of way S. 70 32′ W., a distance of 123.75 feet to a point; thence continuing with said right of way and running S. 53 48′ W., a distance of 113.63 feet; thence running N. 1 12′ E., a distance of 436.63 feet to a point; thence running S. 52 59′ E., a distance of 167.95 feet to a point at the common northerly corner of the property herein conveyed and the George C. Acree Lot 3; thence running S. 10 21′ 34″ W., a distance of 590.119 feet to a point in the northerly line of said West Virginia Secondary Route No. 471/4; thence running S. 76 18′ W., a distance of 38.04 feet to a point; thence continuing with the northerly line of said West Virginia Secondary Route No. 471/4, S. 61 23′ W., a distance of 93.72 feet; thence continuing with the northerly line of said West Virginia Secondary Route 471/4, S. 52 38′ W., a distance of 119.25 feet to a point; thence continuing with the northerly line of said West Virginia Secondary Route 471/4 S. 41 50′ W., a distance of 90.05 feet to the place of beginning and containing 4.522 acres, more or less, and being designed as Lot 2 on the aforesaid map. There is excepted and reserved from this conveyance a thirty foot right of way located along the northerly line of the subject property as shown on the aforesaid map, with the understanding that the owners of the property abutting on said thirty foot right of way are to have the right of egress and ingress to use the aforesaid thirty foot right of way to and from the subject property to the County Road. PARCEL II: BEGINNING at a point in the southerly exterior boundary line of said George C. Acree, Jr. tract of land and the northeasterly corner of a tract of land owned by James W. Samson; thence running with said Samson line and the southerly exterior boundary line of the George C. Acree, Jr. tract, S. 82 18′ 30″ W., a distance of 176.94 feet; thence continuing with said Samson line S. 41 01′ W., a distance of 457.58 feet; thence continuing with the exterior boundary line of said George C. Acree tract N. 53 39′ 40″ W., a distance of 577.35 feet; thence continuing with said exterior boundary line and running N. 50 37′ 30″ W., a distance of 171.38 feet to a point at the common southerly corner of Lot 10 and Lot 11 as shown on the aforesaid map; thence running N. 49 09′ 41″ E., a distance of 758.22 feet to a point in the southerly line of a thirty foot right of way extending from West Virginia Secondary Route 471/4 to a tract of land owned by Appalachian Power Company; thence running with the southerly line of said thirty foot right of way S. 48 00′ 30″ E., a distance of 246.78 feet to an iron pin; thence continuing with the southerly line of said thirty foot right of way S. 46 32′ W., a distance of 259.24 feet to a point; thence continuing with the southerly line of said thirty foot right of way N. 43 00′ W., a distance of 144.729 feet; thence continuing with the southerly line of said thirty foot right of way S. 46 18′ E., a distance of 131.82 feet to a point; thence running S. 55 26′ 44″ W., a distance of 74.196 feet to the place of beginning and containing 11.812 acres, more or less, and designated as Lot 11 on said partition map. This conveyance is subject to a five foot strip of land along the northerly line of the subject property abutting the thirty foot right of way shown on the aforesaid map for the purpose of widening said thirty foot right of way and is dedicated for that purpose and said conveyance is further subject to an Appalachian Power Company right of way extending through said property and is shown on the aforesaid map. The party of the first part does further grant to the party of the second part the right to use said thirty foot right of way extending from West Virginia Secondary Route 471/4, with the understanding that said right of way is to be widened to forty feet, with five feet being dedicated from lots on both side of said thirty foot right of way and that it is subject to the rights of Appalachian Power Company and other owners of said lots to the use of said right of way as a means of egress and ingress to and from the county road and the subject property. The party of the first part does further grant and convey unto the party of the second part the right to use all right of ways and easements extending from the lots herein conveyed to the State Route or Routes as a means of egress and ingress. EXCEPTING AND RESERVING THE FOLLOWING OUT CONVEYANCES: Out conveyance of 0.636 acres to Mary A Aliff by deed dated November 14, 1996, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 2399 at page 280. Out conveyance of 0.60 acres to Todd and Valerie Cowley by deed dated October 16, 1997, in Deed Book 2426 at page 108, Corrective deed out conveyance of 0.867 acres to Todd and Valerie Cowley by deed dated June 10, 1999, of record in the aforesaid Clerk’s Office in Deed Book 2472 at page 432. Out conveyance of 0.61 acres to Michael Flesher by deed dated June 4, 1998, of record in the aforesaid Clerk’s Office in Deed Book 2441 at page 76. Out conveyance of 0.211 acres to Timothy P. and Kimberly E. Tucker by deed dated March 2, 2000, of record in the aforesaid Clerk’s Office in Deed Book 2492 at page 349. Out conveyance of 0.369 acres to Michael A. and Brenda Flesher by deed dated March 6, 2000, of record in the aforesaid Clerk’s Office in Deed Book 2492 at page 521. Out conveyance of 11.812 acres (aka Lot 11) to Jeffrey R. and Connie F. Sheets by deed dated April 4, 2002, of record in the aforesaid Clerk’s Office in Deed Book 2546 at page 473. And being the same property acquired by Herbert C. Boggs by deed dated March 14, 1994, from James H. Crewdson, Special Commissioner, of record in the aforesaid Clerk’s Office in Deed Book 2345 at page 120. The said Herbert C. Boggs died on July 10, 2000, intestate in Kanawha County, West Virginia, survived by Phyllis J. Boggs, wife, Margaret F. Boggs, daughter, and Mary Ann Murdock, daughter, his sole heirs at law. Said property having address of 9 Acree Lane, Elkview, West Virginia. The referenced property will be conveyed with covenants of special warranty subject to all further 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. TERMS OF SALE: Cash in hand at time of sale, subject to all prior liens and encumbrances, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges. Pursuant to the terms of the Deed of Trust, the Trustee may postpone the sale by public announcement at the time and place designated 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. Dated this 16th day of March, 2023. J. NICHOLAS BARTH Successor Trustee LC-158446 08-23,30;2023