Legal Notices

NOTICE OF SUCCESSOR TRUSTEE’S SALE Notice is hereby given, by virtue of the authority vested in the undersigned Successor Trustees, Eric M. Johnson and John M. Harshbarger, by that certain Deed of Trust made by Steven S. Hensley, dated December 11, 2013 and recorded January 9, 2014 in the office of the Clerk of the County Commission of Cabell County, West Virginia in Trust Deed Book 2518, at page 55, the said Successor Trustees acting by virtue of that certain Appointment of Successor Trustee dated August 7, 2023 and recorded August 18, 2023 in the aforesaid Clerk’s office in Substitution of Trustee Book 416, at page 318, 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, will offer for sale, at public auction, to the highest bidder at the front door of the Courthouse of Cabell County, West Virginia, on Wednesday, October 4, 2023 at 11:00 a.m., all that certain lot, piece or parcel of real property, together with improvements thereon, situate on the waters of Mill Branch, a tributary of Big Seven Mile Creek, Barboursville District, Cabell County, West Virginia, being more particularly bounded and described as follows: PARCEL NO. 1: BEGINNING at a large beech at the call of a beech and white oak about 150 feet above the Mill Branch Road and near the mouth of Mill Branch, said point being a corner to a 6 1/2 acre tract conveyed by Henry France to Daniel Clark by deed of record in the Office of the Clerk of the County Commission of Cabell County, West Virginia in Deed Book 23, page 456; thence S 80 30′ E., 660 feet to a dogwood on a point; thence S. 58 E., 247 feet to a black oak in a low gap, easterly corner of said Clark; thence leaving Clark and around the hill, S. 70 30′ E., 99 feet to a hickory; thence S. 16 30′ E., 64 feet to a point above the bluff; thence S. 22 30′ W., 171 feet to a point at the top of the bluff; thence S. 13 45′ W., 69 feet; thence S. 74 W., 448 feet; thence S. 13 15′ E., 120 feet; thence S. 74 W., 100 feet to a point in the easterly right of way line of Mill Creek Road, said point bearing northerly 406.1 feet from the northeast corner of culvert headwall in said Mill Branch Road; thence in a northwesterly direction and with the easterly right of way line of Mill Branch Road, approximately 1069 feet to the point of beginning, containing 13 acres, be it the same, more or less; RESERVING however, all the land lying within the right of way lines of said Mill Branch Road, which right of way has been theretofore conveyed to Cabell County for road purposes, said parcel hereby conveyed estimated to contain 13 acres. PARCEL NO. 2: BEGINNING at a large beech at the call of a beech and white oak about 150 feet above the Mill Branch Road and near the mouth of Mill Branch, said point being a corner to a 6 1/2 acre tract conveyed by Henry France to Daniel Clark by deed of record in the aforesaid Clerk’s Office in Deed Book 23, page 456; thence S. 80 30′ E., 660 feet to a dogwood on a point; thence S. 58 E., 247 feet to a black oak in a low gap, easterly corner of said Clark; thence leaving Clark and around the hill, S. 70 30′ E., 99 feet to hickory; thence S. 16 30′ E., 64 feet to a point above the bluff; thence S. 13 45′ W., 115 feet to a pine; thence S. 6 20′ E., 67 feet to a chestnut oak at the top of the bluff; thence S. 29 15′ E., 82.5 feet to a cross cut in a rock; thence S. 22 10′ E., 153 feet to a white oak stump; thence crossing the 50 acre tract now owned by A. F. and Irene Evans, S. 55 W., 570 feet to a point at the northwest corner of a culvert headwall in said Mill Branch Road; thence N. 26 30′ W., 325 feet to a point in said road at the call of a white oak and maple; thence N. 17 W., 1150 feet to the point of beginning; RESERVING however, all the land lying with the right of way lines of said Mill Branch Road, which right of way has been heretofore conveyed to Cabell County for road purposes, said parcel hereby conveyed estimated to contain 20 acres, mor or less; and further EXCEPTING and RESERVING from this conveyance that portion heretofore conveyed to Julian R. and Garnet Holley by deed from Russell and Lottie Holley, dated March 23, 1971, recorded in the aforesaid Clerk’s Office in Deed Book 696, page 720, estimated to contain 13 acres, more or less; and further EXCEPTING and RESERVING however, a portion of the above described property conveyed to Russell Lee Harkins and Brenda K. Harkins by Julian R. Holley and Garnet Holley, husband and wife, by deed dated December 13, 1978, of record in the aforesaid Clerk’s Office in Deed Book 795, page 590; and further EXCEPTING and RESERVING that certain parcel containing 1612 square feet, conveyed unto The West Virginia Department of Transportation by Steven Henley by deed dated June 24, 2011, recorded in the aforesaid Clerk’s Office in Deed Book 1241, page 278. Being the same real estate conveyed unto Steven Henley by James R. White and Dagyna White, husband and wife, by deed dated July 25, 1996, recorded in the aforesaid Clerk’s Office in Deed Book 1007, page 364. At the time of execution of the deed of trust, the grantor represented that the address of the property was 6604 Blue Sulphur Rd., Ona, WV 25545. The Premises will be sold “AS IS, WHERE IS,” in its present condition and with all faults and defects, if any. The property will be conveyed by deed with no covenants of warranty of title. The property shall be sold subject to all liens not discharged by the sale, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges, and liens with priority to the Deed of Trust pursuant to which this sale is being conducted. The property shall be sold 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. The property will be sold for cash in hand on the date of sale to the highest bidder and the purchaser shall tender to the Trustees 10% of the purchase price in certified funds at the time of the sale, and the remaining amount of the bid shall be paid to the Trustees on or before November 4, 2023. In addition to the payment of the bid, the purchaser of said property at the sale, shall be responsible for paying a 10% buyer’s premium to Joe R. Pyle Complete Auction & Realty LLC immediately at the conclusion of the auction. This buyer’s premium is in addition to the winning bid amount. 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 stamps to be affixed to the deed). The Successor Trustees and MVB Bank, Inc., shall not be responsible for the removal of any person or personal property from the Premises. Pursuant to the Deed of Trust, the Successor Trustees 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 Premises at such sale. Dated: September 1, 2023 Eric M. Johnson John M. Harshbarger Successor Trustees 200 Capitol Street Charleston, WV 25301 (304) 205-6377 LH-159555 09-12,19;2023