Cabell

Legal Notices

NOTICE OF TRUSTEE’S SALE Pursuant to the authority vested in the undersigned Joel P. Jones, Jr., Substitute Trustee by Notice of Substitution of Trustee, which notice is of record in the Office of the Clerk of the County Commission of Mingo County, West Virginia, and by Deed of Trust dated November 22, 2006, executed by Ridgeview Mountain Properties, LLC to Greg Smith, Trustee, which deed of trust is of record in the Office of the Clerk of the County Commission of Mingo County, West Virginia, in Trust Deed Book 398 at Page 85, the undersigned Substitute Trustee has been requested, in writing, by the beneficiary of said deed of trust to sell the real estate described below, as there has been a default under the terms and conditions of said deed of trust. Therefore, the undersigned Substitute Trustee will sell the real estate described in the Deed of Trust, at a public auction on January 31, 2020 at 9:30 a.m. to the highest bidder at the front door of the Courthouse of said County of Mingo, in Williamson, West Virginia, which real estate is more completely described as follows: TRACT NO. 1: All that certain lot, piece or parcel of land which is described with reference to the official map of the City of Williamson (formerly town) made by Thomas Boggess, surveyor, and of record in the office of the Clerk of the County Court of said county, as follows: Beginning at a point on the line between Second Avenue and Block No. Five (5) at the intersection of the division line between Lots Nos. Six (6) and Seven (7) in said block with Second Avenue, and running thence with Second Avenue and with the front line of said Lot No. Seven (7) and with four feet of the front line of Lot No. Eight (8) in said block, North 28 degrees 20′ West 29 feet; thence running through said Lot No. Eight (8), the entire length thereof, North 61 degrees 40′ East 100 feet to the alley between Second Avenue and Third Avenue; thence running with said alley and with four feet of the back line of said Lot No. Eight (8) and with the back line of said Lot No. Seven (7), South 28 degrees 20′ East 29 feet to the intersection of the division line between said Lots Nos. Six (6) and Seven (7) with said alley, thence running with the division line last mentioned South 61 degrees 40′ West 100 feet to the place of Beginning. Being all of Lot No. Seven (7) in Block No. Five (5) and four feet of Lot No. Eight (8) in said block adjoining said Lot No. Seven (7) and forming a rectangle body of land fronting 29 feet on Second Avenue and running back between parallel lines to the said alley. Together with and including all right and interests vested in the said party of the first part herein under certain party wall agreements or deeds recorded in the office of the Clerk of the County Court of Mingo County, West Virginia, and briefly described as follows: (1) between Bursa Lily and Williamson Lodge No. 173 I.O.O.F. dated May 1, 1922, and recorded in Deed Book No. 45, at page 396; (2) between E. F. Randolph and others and Williamson Lodge No. 173 I.O.O.F., dated December 1, 1903, and recorded in Deed Book No. 15, at page 86; (3) between Williamson Lodge No. 173 I.O.O.F. and Manley Piano Company, dated March 17, 1926, and recorded in Bond, Contract and Lease Book No. 21, at page 450; and (4) between Williamson Lodge No. 173 I.O.O.F. and Juditta Andrews, dated January 3, 1928, recorded in Deed Book No. 61, at page 347; but subject to all rights now vested in the owners of the adjoining properties under said writings or any of them. TRACT NO. 2: Parcel No. 1: Parcel D., a subdivision of Lot No. Thirteen (13) in Block No. Fifty-Three (53) as shown on a certain map made by David M. Good, Engineer, dated May 28, 1925 and entitled, a Sub-division of Lots 13 and 14 in said Block 53, of the City of Williamson, Mingo County, West Virginia. Parcel No. 2: Part of Lot No. 12, Block 53, City of Williamson, formerly owned by The Federal Corporation, and being in all respects the same real estate described as Certificate No. 2316, in Chancery Suit of The State of West Virginia, vs. J.C. Evans, et al., Suit No. 1540, in the Circuit Court of Mingo County, West Virginia. TRACT NO. 3: A parcel of land designated as PARCEL “E” of the subdivision of Lots Nos. Thirteen (13) and Fourteen (14), in Block No. Fifty-Three (53), of the City of Williamson, Mingo County, West Virginia which said Lots Nos. 13 and 14 are shown and designated upon the original official map of said City (formerly Town) of Williamson, as made and prepared by Thomas Boggess, Surveyor, said PARCEL “E” fronting on the south line of West Fourth Avenue, (formerly Boggess Street) and extending back between parallel lines toward Ben Street, said parcel being further shown and designated upon that certain blueprint map prepared by David M. Good and Son, Engineers, bearing date of May 29, 1926, and No. 965-3D, which map is of record in the Office of the Clerk of the County Court of Mingo County, West Virginia. TRACT NO. 4: PARCEL NO. 1: Beginning at a stake in the northeast corner of a plot of land heretofore belonging to J. C. Litteral, which stake is on the south, or east, side of Williamson Branch, or an extension of Vinson Street (whichever is further east); thence in a northerly direction for a distance of thirty (30) feet to a point in the Russell Barrett line; thence turning to the right and at right angles to the old right of way for tramway; thence to the right and with the line of the tramway thirty (30) feet to the corner of the said Litteral plot; thence to the right and with the Litteral line to the point of BEGINNING, comprising a plot of land thirty (30) feet front and extending back between parallel lines to the old tramway and adjoining what has heretofore been known as the Litteral plot. PARCEL NO. 2: Beginning at an iron pin in the East side of an extension of Vinson Street, at the North East corner of the plot of land conveyed to Clyde Litteral and Mabel Litteral by deed from the Williamson Mining and Manufacturing Company, a corporation, and bearing date the 15th day of March, 1941, and of record in the Office of the Clerk of the County Commission of Mingo County, West Virginia, and from said beginning point and in an Easterly direction with the south line of Vinson Street for a distance of fifty (50) feet to a stake; thence turning to the right and at right angles to the first line, to the North line of the old tramway; thence turning to the right and with the North line of said tramway to the Southeast corner of the said Litteral plot, a distance of fifty (50) feet; thence turning to the right with the line of said Litteral plot, to the point of Beginning, forming a plot of land fronting on Vinson Street for a distance of fifty (50) feet and adjoining the East end of said Litteral plot. TRACT NO. 5: Lot No. 12, in Block Fifty-Two (52), of the City of Williamson, as the same is shown and designated upon the official map of said City, (then town) made by Thomas Boggess, Surveyor, of record in the office of the clerk of the County Court of Mingo County, West Virginia. TRACT NO. 6: Lot No. 33, Block 24, of the City of Williamson, as the same is shown and designated upon the official map of said City, a copy of which is of record in the Office of the Clerk of the County Commission of Mingo County, West Virginia, and being the same property conveyed to Robert D. Hale and Charlotte L. Hale, his wife by deed dated October 29, 1965, of record in the Office of the Clerk of the County Commission of Mingo County, and Charlotte L. Hale, his wife, by deed dated October 29, 1965, of record in the Office of the Clerk of the County Commission of Mingo County, West Virginia, in Deed Book 161, Page 500. TRACT NO. 7: Lot No. 7, in Block 9, as shown on the official map of the City of Williamson, West Virginia. TRACT NO. 8: All that certain lot or parcel of real estate situate, lying and being in the City of Williamson District, Mingo County, West Virginia, described as follows: Lot No. Five (5) in Block 53 as the same is shown on the official map of the City of Williamson, made by Thomas Boggess and of record in the Office of the County Clerk of Mingo County, West Virginia. There is EXCEPTED from this conveyance that part of Lot No. Five (5) conveyed to G. D. Poole, Jr., by Fenton Lee Morris and Stella Ball Morris by Deed dated January 25, 1972, and recorded in the Office of the aforesaid Clerk in Deed Book 192, at Page 448. Map 6 Parcel 0200 and which outsale is more particularly described as follows: Beginning at the point where the division line between Lots 5 and 6, Block 53, intersects the North line of Ben Street; thence with said North line of Ben Street, which is the South line of Lot No. 5, a distance of 30.0 feet to the point where the division line between Lots 4 and 5, Block 53, intersects said North line of Ben Street; thence turning to the left and running toward Fourth Avenue with the division line between said Lots 4 and 5 a distance of 45 feet, more or less, to the Southern edge of a wall; thence turning to the left and running across said Lot No. 5, with the Southern edge of said wall a distance of 30 feet, more or less, to a point on the division line between said Lots 5 and 6, which point is located 45 feet, more or less, from said North line of Ben Street; thence turning to the left and running with the division line between said Lots 5 and 6 a distance of 45 feet, more or less, to the point of beginning, and being a rectangular piece or parcel of real estate fronting on Ben Street a distance of 30 feet, and running back between parallel lines for a depth of 45 feet, more or less, and being a part of Lot No. 5, Block 53, City of Williamson. TERMS OF SALE 1. Cash in hand paid on the day of sale. 2. The sale of the property will be made subject to all matters having priority over the deed of trust referred to herein including but not limited to any and all assessments and taxes against said property, all prior liens, encumbrances, lease, restrictions, covenants, conditions, rights of way and easements of any nature whatsoever. 3. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code 11-22-2. 4. The subject property will be sold in “AS IS” condition. The Substitute Trustee makes no representations and warranties of any kind or character including, but not limited to, the condition of the real estate or the title to the real estate to be conveyed. 5. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. 6. The Substitute 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 the sale described above. 7. The beneficiary of the Deed of Trust and holder of the note thereby secured reserves the right to submit a bid for the property at the sale, which bid may be in the form of a credit bid. 8. Such other terms as may be announced at the time of Sale. Given under my hand this 10th day of January, 2020. Joel P. Jones, Jr., Substitute Trustee 304-529-8560 LH-86302 1-14,21;2020