Legal Notices

NOTICE OF SUCCESSOR TRUSTEE’S SALE OF REAL PROPERTY Notice is hereby given that, by virtue of authority vested in the undersigned Successor Trustee by Deed of Trust and Security Agreement (“Deed of Trust”) made and executed by Coalburg Corporation to Metro Benefits, Inc. as Trustee dated February 7, 2020, and recorded in the office of the Clerk of the County Commission of Kanawha County, West Virginia, in Trust Deed Book 4503, page 205; and acting as Successor Trustee under and by virtue of a certain Substitution of Trustee dated September 2, 2021 and recorded in the aforesaid Clerk’s office in Trust Deed Book 4537, page 584; and default having been made in the payment of the obligation secured by said Deed of Trust; and Pritchard Mining Company, Inc. Employee Health Benefits Plan by its Court appointed Independent Fiduciary Metro Benefits, Inc. the secured party under said Deed of Trust having instructed the undersigned Substitute Trustee to foreclose thereunder; NOW, THEREFORE, the undersigned Successor Trustee, having been required so to do by said secured party, will sell the real estate together with all improvements thereon and appurtenances thereto conveyed by said Deed of Trust at public auction to the highest bidder at the north front door (Virginia Street entrance) of the Courthouse of Kanawha County, West Virginia, in the City of Charleston, West Virginia, on the 29th day of May 2024, at 11:00 o’clock, a.m., local time, and which said real estate is situate on the waters of the Kanawha River Cabin Creek District, Kanawha County, West Virginia and which in said Deed of Trust is more particularly described as follows: Beginning at a 1/2 inch rebar set in the northerly right-of-way line of the C & O Railroad at centerline station 486+50.34; thence with said right-of-way S54DEGREES 39’56″W, 64.36 feet to a 1/2 inch rebar set at centerline station 487+14.7; S34DEGREES 49’45″E, 15.00 feet to a 1/2 inch rebar set at centerline station 487+14.7; S56DEGREES 29’19″W, 394.70 feet to a 1/2 inch rebar set at centerline station 491+10 ; S64DEGREES 52’29″W, 264.50 feet to a 1/2 inch rebar set at centerline station 493+71.9; S56DEGREES 50’00″W, 1118.25 feet to a 1/2 inch rebar set at centerline station 504+90.15 corner to the UNO-VEN Co. tract recorded in deed book 2238 page 357; thence leaving railroad and with said UNO-VEN tract, N26DEGREES 59’57″W, 240.87 feet to the low water mark of the Kanawha river, at the date of this survey; thence along said low water mark N59DEGREES 27’36″E, 1142.79 feet to a point; N60DEGREES 51’05″E, 666.93 feet to a point; thence leaving said low water mark and running through the Ark Land Co. tract recorded in deed book 2231 page 173; from which this tract is a part, S35DEGREES 20’04″E, 157.68 feet to the place of beginning, containing 8.63 acres more or less as surveyed by Dunn Engineers, Inc., as show upon map titled, “PLAT OF SURVEY SHOWING 8.63 ACRE TRACT BEING A PART OF THE ARK LAND COMPANY TRACT, AS SHOWN IN DEED BOOK 2231, PAGE 173 SITUATE ON THE WATERS OF THE KANAWHA RIVER, CABIN CREEK DISTRICT, KANAWHA COUNTY, WEST VIRIGNIA DATED JUNE 12, 1995” and being the same real estate conveyed to Coalburg Corporation by Ford Coal Company by deed dated February 5, 2009, and recorded in the aforesaid Clerks office in Deed Book 2747, page 137. The above-described real estate will be conveyed by the undersigned Successor Trustee by deed without warranty of any kind, express or implied, and subject to all prior liens, and further subject to all unpaid real estate taxes or assessments, encumbrances and claims in favor of public service districts unicipal sanitary boards, if any, and also further subject to any covenants, restrictions, conditions, reservations, rights of way and easements of record in the aforesaid Clerk’s office and affecting the subject real estate and without responsibility for or representations as to: 1. the rights of any person or persons in possession thereof, and 2. any items of personal property located thereon; and, any party claiming an interest in any item of personal property is responsible for the removal thereof prior to the date of sale. AS IS, WHERE IS AND WITHOUT WARRANTY, EITHER EXPRESSED OR IMPLIED, OF EITHER MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TERMS OF SALE TERMS OF SALE: Ten percent (10%) of the sales price shall be paid by cash, cashier’s check, or check guaranteed by bank letter of credit in acceptable form, in hand on the day of sale (the “Good Faith Deposit”), with the balance to be paid in cash at closing within 30 days after the date of sale and purchaser shall pay for all transfer stamps, recording fees, and other closing costs. The risk of loss or damage to the Subject Property shall be borne by the foreclosure purchaser from and after the bid strikedown at the time of sale. The Substitute Trustee will not deliver possession of the Subject Property to the foreclosure purchaser, who shall be solely responsible for obtaining possession of the Real Property. Further, the Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the Subject Property to vacate said property, and any personal property and r belongings remaining at the Subject Property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY. Any sale hereunder may be adjourned from time to time without notice other than oral proclamation at the time and place appointed for the sale. The Substitute Trustee reserves the right to reject any or all bids. The party secured by the Deed of Trust reserves the right to purchase the property at such sale. Additional terms and conditions, if any, shall be announced at the sale. At public sale any person or entity may bid and may purchase any real estate sold if they be the highest bidder. If the real estate is sold for an amount in excess of the outstanding balance of the secured debt, together with all interest, unpaid real estate taxes and costs, said excess must be used to satisfy any other encumbrances on said property and after all said encumbrances are satisfied together with all interest and costs, any excess then remaining must be paid to the Grantor. If the Grantor or any person holding an encumbrance cannot be found after a diligent search, the money shall be paid into the Circuit Court of the county for the benefit of the Grantor or the holder of any such encumbrance. 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. Dated: April 22, 2024. Charles F.W. Saffer Substitute Trustee 300 Summers Street, Suite 1000 Charleston, WV 25301 (681)265-1378 csaffer@