TRUSTEE’S SALE OF VALUABLE REAL ESTATE The undersigned Substitute Trustee, by virtue of the authority vested in him by that certain Deed of Trust, dated November 22, 2005, and duly recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Book No. 3315, at Page 48, Jeremiah A Nunley and Stacha Nunley did convey unto Jonathan Nicol, Trustee(s), certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Seneca Trustees, Inc., as Substitute Trustee; and default having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by U.S. Bank National Association, as trustee, on behalf of the holders of the Home Equity Asset Trust 2006-3 Home Equity Pass-Through Certificates, Series 2006-3 to foreclose thereunder, will offer for sale at public auction at the front door of the Kanawha County Courthouse in Charleston, West Virginia, on December 10, 2024 at 10:00 AM the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in 19 – Loudon District, Kanawha County, West Virginia, and more particularly described as follows: SITUATE ON THE WATERS OF DAVIS CREEK IN LOUDON DISTRICT, KANAWHA COUNTY, WEST VIRGINIA, AND AS SHOWN UPON A MAP ENTITLED “MAP SHOWING SURVEY FOR J. W. COMER OF A PARCE OF LAND SITUATE ON DAVIS CREEK IN LOUDON DISTRICT, KANAWHA COUNTY, WEST VIRGINIA’ SCALE 1″ – 60” 4-12-63 MADE BY L.W. KREBS REGISTERED PROF. ENG. 2282 A COPY OF WHICH MAP IS ATTACHED HERETO, SPECIFICALLY MADE A PART HEREOF, AND RECORD HEREWITH, WHICH REAL ESTATE IS BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A SPRUCE PINE ON THE BANK OF DAVIS CREEK AT THE NOTH EAST CORNER OF A 62 1/2 ACRE TRACT OF LAND, RUNNING S 79 W 1014 FEET; THENCE TURNING SQUARE TO THE LEFT AND RUNNING PERPENDICULAR TO THE SAID FIRST LINE NEARLY SOUTH 429 FEET; THENCE N 79 E TO DAVIS CREEK ABOUT 900 FEET; THENCE FOLLOWING SAID DAVIS CREEK TO THE PLACE OF BEGINNING ABOUT 465 FEET, CONTAINING 10 ACRES, MORE OR LESS. BEING THE SAME PROPERTY CONVEYED TO JEREMIAH A. NUNLEY, CHARLES T. NUNLEY AND REGINA NUNLEY BY LONNIE J. COMER, DEBORAH L. RAYBURN AND RANDY M. COMER BY DEED DATED AUGUST 23, 2004 AND RECORDED IN DEED BOOK 2612 AT PAGE 684. ALSO BEING THE SAME PROPERTY CONVEYED TO JEREMIAH A. NUNLEY, CHARLES T. NUNLEY AND REGINA NUNLEY BY LONNIE S. COMMER AS EXECUTOR OF THE ESTATE OF ALONZO COMER BY DEED DATED AUGUST 23, 2004 AND RECORDED IN DEED BOOK 2612 AT PAGE 682. ALSO BEING THE SAME PROPERTY CONVEYED TO ALONZO COMER AND CAROLYN JANE COMER (DECEASED) BY J.W. COMER AND INA MAE COMER BY DEED DATED APRIL 3, 1973 AND RECORDED IN DEED BOOK 1691 AT PAGE 283. At the time of the execution of the Deed of Trust, this property was reported to have an address of: RT 2 Box 275, Charleston, WV 25314. The referenced real estate will be conveyed with no covenants of warranty, and 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, all prior liens and encumbrances, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges. 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 stamp to be affixed to the deed). The purchasers shall be responsible for payment of all real estate taxes. The subject property will be sold in “AS IS” condition. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. TERMS: $6000.00 in cash and/or certified funds as deposit at the time of sale with the balance due and payable within 30 days of the day of sale. FEDERAL TAX LIEN: 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. Pursuant to the Deed of Trust, the Trustee may postpone the sale by public announcement at the time and place designated or by posting a notice of the same, 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. SENECA TRUSTEES, INC. 5000 Coombs Farm Drive, Suite 104 Morgantown, WV 26508 (304) 413-0044 (304) 292-2918 Toll free: (888) 534-3132 Reference File No. 77520 LC-196169 11-05,12;2024
Legal Notices
NOTICE OF TRUSTEE’S SALE Notice is hereby given that default has occurred in the payment of that certain indebtedness secured by a Deed of Trust executed January 28, 2011, of record in the Office of the Clerk of the County Commission of Wayne County, West Virginia, in Trust Deed Book 709, at page 79 (the “Deed of Trust”), made by Carol A. Tomblin (“Grantor”) to Dru A. Shope, in his capacity as Trustee (the “Original Trustee”), predecessors in interest to Ian G. Henry and Alley J. Cook (collectively, the “Substitute Trustee” or “Trustee”), in favor of Desco Federal Credit Union (the “Original Beneficiary”), and assigned by Assignment of Deed of Trust dated January 28, 2011, of record in the aforesaid Clerk’s Office in Assignment Book 39, at page 396 to Wright-Patt Credit Union Inc., (the “Beneficiary”), to secure the payment of a note in the amount of $54,330.00. The Deed of Trust authorizes the Trustee to act in the enforcement of said Deed of Trust, and the undersigned Trustee having received such written request from the Beneficiary to enforce said Deed of Trust, will sell at a public auction to the highest bidder, the following hereinafter described real estate, together with any buildings, structures and other improvements located thereon (the “Real Estate”) on: November 19, 2024, AT 11:00 A.M., ON THE FRONT STEPS OF THE WAYNE COUNTY COURTHOUSE, WAYNE, WEST VIRGINIA. REAL ESTATE DESCRIPTION: The following described real property, situate in the State of West Virginia, County of Wayne, City of Kenova, to-wit: Beginning at a stone, situate at the intersection of the Westerly line of Thirteenth Street, with the Southerly line of Maple Street; Thence with the said South line of said Maple Street, in a westerly direction 69.5 feet to a stake in said South line of Maple Street; Thence from said stake in a Southerly direction approximately 52.4 feet to a stake set in the line, corner of Crowder lot and the Northerly line of said Crowder lot 45.4 feet to a stake, set in the Easterly line of a 30 ft. Alley; thence with said alley line in a Northerly direction approximately 57.56 feet to a stake set at the intersection of the said Easterly line of said alley, and the said Southerly line of Maple Street; Thence with said Southerly line of Maple Street 45.4 feet to the place of beginning. LSOT: Deed Book 585, Page 251, dated January 29, 1997, Office of the Clerk of the County Commission of Wayne County, West Virginia. TERMS OF SALE: Sale of the Real Estate will be made by the Trustee by public auction to the highest bidder. The Trustee reserves the right to reject any bid that in the Trustee’s opinion is inadequate. The highest bidder will be required to tender the purchase price in cash or immediately available funds by the end of the day of sale. The Trustee reserves the right to accept or reject such other terms as to payment or delivery of payment as may be made or agreed to by the Trustee and the bidder in advance of the sale. If the successful bidder fails to deliver the total purchase price within the prescribed time, the Trustee may proceed to resell the Real Estate pursuant to the Deed of Trust or, at the discretion of the Trustee, convey the Real Estate to the next highest bidder if such bidder will honor his or her bid. The Trustee also reserves the right to continue the sale of the Real Estate from time to time by oral proclamation or by posting a notice of the same where legal notices are posted in Wayne County, West Virginia, which continuation shall be in the sole discretion of the Trustee. Should the Trustee not appear at the time appointed for the sale and there is no notice posted of a continuance, please contact the office of the Trustee to make further inquiry. Please direct any inquiries or objections to the sale to the Trustee in writing at the following address: Trustee, Ian G. Henry, Esquire, at Dinsmore & Shohl LLP, 707 Virginia St. E., Ste. 1300, Charleston, West Virginia 25301 (304) 357-9932. Any sale may be conducted or adjourned by the designated agent or attorney of the Trustee. Beneficiary or Beneficiary’s designee may purchase the Real Estate at the sale, in whatever manner sold, and in such case, the Beneficiary shall have the right to credit against the amount of the successful bid made therefore all or any of the secured debt then due. Conveyance will be made by Trustee’s Deed in the form prescribed by W. Va. Code 38-1-6, subject to all governmental charges and assessments, utility charges, easements, covenants, rights-of-way, conditions and restrictions of record. Every lot or parcel of the Real Estate, and any improvements located thereon, are sold in “AS IS” condition. The Beneficiary of the Deed of Trust does not make any representations or warranties as to the physical condition of the Real Estate. Any and all legal procedural requirements to obtain physical possession of the Real Estate after the sale are the responsibility of the purchaser. Risk of loss or damage will be the purchaser’s from and after the foreclosure sale. All outstanding taxes, assessments and utility charges will be the responsibility of the purchaser. All settlement fees, costs of conveyance, examination of title and recording charges shall be at the expense of the purchaser. Trustee makes no representations regarding the state of title to the Real Estate. If Trustee cannot convey insurable or marketable title, purchaser’s sole remedy is the return of the purchase money paid by the purchaser for the purchase of the Real Estate. The purchaser shall be responsible for the payment of the transfer taxes imposed by Article 2 of Chapter 11 of the West Virginia Code. Sale is made subject to the right of the Internal Revenue Service to redeem the Real Estate as provided by Section 7425 of the Internal Revenue Code of 1986, as amended. Additional terms and conditions shall be announced at sale. Given under my hand this 23rd day of October, 2024. Ian G. Henry, Substitute Trustee Dinsmore & Shohl LLP Legal Counsel 707 Virginia St. E., Ste. 1300 Charleston, West Virginia 25301 Phone (304) 357-9932 Fax (304) 357-0919 Alley J. Cook, Substitute Trustee Dinsmore & Shohl LLP Legal Counsel 707 Virginia St. E., Ste. 1300 Charleston, West Virginia 25301 Phone (304) 357-9958 Fax (304) 357-0919 LH-194934 11-05,12;2024