NOTICE OF TRUSTEE’S SALE Pursuant to the authority vested in the undersigned Campbell Woods, PLLC, Substitute Trustee by Notice of Substitution of Trustee which notice is of record in the Office of the Clerk of the County of Commission of Cabell County, West Virginia, and by Deed of Trust dated August 5, 2013, executed by Jacob R. Downer to Douglas B. Ernest and Charles J. Mildren, Trustee, which deed of trust is of record in the Office of the Clerk of Cabell County, West Virginia, in Trust Deed Book 2498 at Page 375, 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 November 5, 2024 at 10:00 a.m. to the highest bidder at the east front door of the Courthouse of said County of Cabell, in Huntington, West Virginia, which real estate is more completely described as follows: All that certain lot, piece or parcel of land situate in the State of West Virginia, Cabell County, Guyandotte District, and being all of Lot Number Ten (10) and a part of Lot Number Eleven (11), as shown on a revised map of MONEL PARK, a copy of which is recorded in Map Book 3, Page 71, in the Office of the Clerk of the County Commission of Cabell County, West Virginia, and being more particularly bounded and described as follows: BEGINNING at 5/8″ X 32″ reinforcing rod with a yellow plastic cap (set), marking a comer common to Lt No.’s 8 and 9 of Monel Park Subdivision (M. B. 3, Pg. 71) and being on the south right-of-way line of Thomas Avenue; thence, leaving the said Avenue and with the line between said Lots Nos. 8 and 9, South 16 40′ 59″ West 201.94 feet to a 5/8″ x 32″ reinforcing rod with a yellow plastic cap (set), marking a corner common to Lot Nos. 3, 4, 8, 9, 10 and 11; thence, leaving the said Lot Nos. 4, 8, 9 and 10, and with the line between the said Lots. Nos. 3 and 11, South 54 31′ 03″ West 47.62 feet to a 5/8n x 32″ reinforcing rod with a yellow plastic cap (set), from which a 5/8n x 32″ reinforcing rod with a yellow plastic cap (recovered) marking a comer common to Lot Nos. 2, 3, 11 and 12, bears: South 54 31′ 03″ West 2.38 feet; thence, severing the said Lot No. 11 with a line 2 feet east of and parallel to the line between Lot Nos. 11 and 12, North 02 50′ 18″ West 181.91 feet to a 5/8″ X 32″ reinforcing rod with a yellow plastic cap (set) on the south right-of-way line of said Avenue, from which a 5/8′ x 32″ reinforcing rod with a yellow plastic cap (recovered) marking a comer common to the said Lot Nos. 11 and 12 bears: South 54 49′ 00″ West 2.37 feet; thence, with the south right-of-way line of said Avenue, as follows: North 54 49′ 00″ East 38.898 feet, thence, with a curve to the right, having a radius of 100.00 feet, and an arc length of 77.76 feet, the long chord of which bears: North 77 05′ 36″ East 75.82 feet to the BEGINNING, containing 0.31 acre, (13,675 square feet), more or less, as surveyed by Ronald L. Eastham, West Virginia Registered Professional Surveyor No. 150, on February 18, 1998; EXCEPTING, HOWEVER, all that certain piece or parcel of land situate in Guyandotte District, Cabell County, West Virginia adjacent to Thomas Avenue and being part of Lot Number Eleven (11), as shown on a revised map of MONEL PARK, a copy of which is recorded in Map Book 3, as Map 71, in the Office of the Clerk of the County Commission of Cabell County, West Virginia and being more particularly bounded and described as follows: BEGINNING at an Eastham 5/8″ reinforcing rod with yellow plastic cap (found) in the southerly right-of-way line of Thomas Avenue at the northeasterly comer of the lands of Daniel L. & Judy Patrick (Db 1123, P 726), thence leaving said Patrick lands, and with the said southerly line of Thomas Avenue, N 54 49″ E, 3.20 feet to a 1-inch pipe (set) with orange plastic cap and inscribed “M. Porter, WV 355”, thence leaving the said Thomas Avenue, and severing the lands of Jacqueline L. Villars (Db 1113, P 384 – Lot 11), S 7 32′ E, 173.42 feet to a 1-inch pipe (set) with orange plastic cap and inscribed “M. Porter, WV 355″ said pipe being in the northerly line of Lot 3 of said Monel Park Subdivision, thence with said Lot 3, S 540 31′ 03″ W 20.07 feet to another Eastham 5/8″ reinforcing rod with yellow plastic cap (found) at the southeasterly comer of the lands of said Patrick, thence leaving Lot 3 and with the easterly line of Patrick, N 2 50’18” W 181.95 feet to the place of BEGINNING, and containing an area of 0.041 acre, more or less, as surveyed by Michael D. Porter, WV Professional Surveyor No. 355 and shown on plat of survey, to which reference is hereby made. 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 9th day of October, 2024. Campbell Woods, PLLC, Substitute Trustee By: J. Patrick Jones, Member 304-529-8560 LH-191498 10-11,18;2024
Legal Notices
ORDER OF PUBLICATION IN THE MAGISTRATE COURT OF KANAWHA COUNTY PERKIN PARKE 100 DREXEL PLACE CHARLESTON, WV 25313 Plaintiff V. SEAN BARNETT 703 DREXEL PLACE CHARLESTON, WV 25313 Defendant Civil Action No.: 24-M20C-02637 The object in the above entitled action is to obtain judgement for money and or back rent in the petition for wrongful occupation filed. And it appearing by an affidavit filed in this action that after using due diligence, the plaintiff was unable to discover the whereabouts of the defendant. The defendant was not served by the sheriff of the county where the defendant’s last known address is located or by any other means after 2 or more attempts were made. It is ordered that defendant listed above, do appear for a hearing on NOVEMBER 12, 2024 at 9:00am with Magistrate Lopez, whose address is 111 Court St Charleston, WV 25301. An Answer or other defense to the complaint filed in this action on or before NOVEMBER 12, 2024 at 9:00am. Otherwise judgment by default will be taken against defendant listed above at anytime thereafter. A copy of said complaint can be obtained from the undersigned Clerk of Office. Entered by the Clerk of said Court 10/9/24. M. Cook Court Clerk LC -191403 10-11,18;2024
