NOTICE OF TRUSTEE’S SALE Notice is hereby given that by virtue of the authority under that certain deed of trust executed by Sherri L. McNeely, to Judy Scott and Robert P. Howell, Trustees, dated October 23, 1998, and recorded in the office of the Clerk of the County Commission of Kanawha County, West Virginia, in Trust Deed Book 2485, at page 880, by which was conveyed to said Trustee(s) the hereinafter described real estate to secure the payment of a certain promissory note set out and described therein, and default having been made in the payment of said note, the undersigned Substitute Trustee(s) having been appointed Substitute Trustee by an Appointment of Substitute Trustee dated April 24, 2024, and having been requested in writing by the holder of said note, will sell to the highest and best bidder on January 9, 2025 at 8:38 a.m., at the front door of the courthouse of Kanawha County, West Virginia, the real estate conveyed by said deed of trust and situate in Malden District, Kanawha County, West Virginia, together with easements, improvements and appurtenances thereunto belonging, and at the time of the signing of the Deed of Trust it was reported that the address was: 652 George Drive, Charleston, WV 25306 and being more particularly bounded and described therein as follows: All that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate on the right-hand side of Georges Creek, in Malden District, Kanawha County, West Virginia, and more particularly bounded and described as follows: BEGINNING at an iron pipe in the western edge of the county road leading up Georges Creek at the upper front corner to a tract of 3 acres of land conveyed by George E. Price, Special Commissioner, to John W. Adkins, by deed dated November 16, 1906, of record in the office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 106, at page 401; thence running down said creek N. 9 14′ E. 65 feet to an iron pipe; thence leaving the creek and running up the hill through the 3 acre parcel, N. 81 46′ W. 502 feet to a stake in the back line of said 3 acre tract; thence running with the said back line S. 9 14′ W. 65 feet to an iron pin at the southwestern corner of said 3 acre tract; thence running down the hill with the southerly line of said 3 acre tract S. 81 46′ E. 502 feet to the beginning. And being the same property conveyed unto Charles S. Baber and Mary F. Baber, his wife, as joint tenants with the right of survivorship and not as tenants in common, by Lonnie Nutter and Marnie Nutter, his wife, by deed dated February 9, 1949, of record in the aforesaid Clerk’s Office in Deed Book 863, at page 140. The said Mary F. Baber died a resident of Kanawha County, West Virginia, on January 8, 1995, title to the property having vested in her spouse, Charles S. Baber, by virtue of the survivorship clause in said deed; and also being the same property conveyed unto Sherri L. McNeely by Charles S. Baber and Bessie 0. Baber, his wife, by deed dated October 23, 1998, recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia in Deed Book 2454, at page 438. This conveyance is made expressly subject to the reservation of all the coal, oil, gas and other minerals underlying the land hereby conveyed, and also all rights of way across said land above-described. This conveyance is made subject to any-and-all covenants, restrictions, and easements as the same may appear in instruments of record in the aforesaid Clerk’s Office. This sale is made subject to any special assessments, unpaid taxes, easements, conditions, reservations and restrictions affecting the aforesaid real estate. The property will be conveyed in an “AS IS” condition by Deed containing no warranty, express or implied, subject to all property taxes, prior Deeds, liens, reservations, encumbrances, restrictions, rights of ways, easements, covenants, conveyances and conditions of record in the Clerk’s office or affecting the subject property. Pursuant to the terms of said deed of trust, the Substitute Trustee(s) may postpone the sale by public announcement at the time and place designated for the sale. The West Virginia Housing Development Fund or its designee may purchase the property at any sale. The Substitute Trustees shall be under no duty to cause any existing tenant or person occupying the property to vacate said property, and any personal property and/or belongings remaining at the property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY. TERMS OF SALE: Ten percent (10%) of the purchase price as a deposit with the balance due and payable within 30 days of the day of the sale. DATED this 3rd day of December, 2024. Pill & Pill, PLLC, Substitute Trustee BY: Richard A. Pill, Member 304-263-4971 foreclosures@ pillwvlaw.com LC-205177 12-26;2024 01-02;2025
Legal Notices
TRUSTEES’ SALE OF VALUABLE REAL ESTATE 5477 Shawnee Cir, Huntington, WV 25705 In a Deed of Trust dated November 14, 2022, and duly recorded in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Deed of Trust Book 2908, at page 245 Samantha Layne did convey unto Seneca Trustees, Inc., Trustee, certain real property. The beneficial holder of that Deed of Trust has elected to appoint Terra Abstract Trustee West Virginia, Inc. as substitute trustees by a Substitution of Trustee recorded in the aforesaid Clerk’s Office. Default having occurred under the Deed of Trust and the beneficial holder having instructed the undersigned Trustees to foreclose, this real property will be sold at public auction at the front door of the Cabell County Courthouse, 750 5th Avenue, Huntington, WV 25701 on: February 25, 2025 At 10:00 AM The property for sale as described by the Deed of Trust is as follows: A TRACT OF LAND SITUATE ON THE WATERS OF THE GUYANDOTTE RIVER, SE OF HUNTINGTON, BARBOURSVILLE DISTRICT, CABELL COUNTY, WEST VIRGINIA, IN GUYAN HEIGHTS P/O LOT 10, TAX MAP 11-B P/O PARCEL 24, ON SOUTH SIDE OF SHAWNEE CIRCLE RTE. 60/4. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ON A SET P.K. NAIL IN CENTER OF CONCRETE DRIVEWAY BETWEEN TOWN HOUSES, ON SOUTH SIDE OF SHAWNEE CIRCLE; THENCE, WITH SOUTH SIDE OF SHAWNEE CIRCLE DRIVE WITH CORD OF N 73 55` 54″ E 58.00` TO SET REBAR AND CAP A LOVEJOY MONUMENT #193; THENCE S 19`23` 20″ E. 102.44` WITH WEST SIDE OF LOT 11, TO SET REBAR AND CAP A LOVEJOY MONUMENT #193, A CORNER TO MAY LANDS; THENCE, S. 65 01` 40″ W. 23.52` WITH NORTH LINE OF MAY PARCEL 24.3 TO SET REBAR AND CAP A LOVEJOY MONUMENT #193; THENCE N 37 05` 26″ W. 113.46` SUBDIVISION TOWN HOUSE TO THE BEGINNING. CONTAINING 4,270 S. F., OR 0.10 ACRES, MORE OR LESS, AS SURVEYED BY K. S. J. UNDER THE SUPERVISION OF DALLAS LOVEJOY, P.S. 193, MILTON, WEST VIRGINIA, AND SHOWN ON A MAP TITLED, PROPERTY PLAT FOR EAST END PROPERTIES,TOWN HOUSE #5477, DATED 10-17-94. (NOT FOUND) TOGETHER WITH A PERPETUAL EASEMENT FOR THE USE AND MAINTENANCE OF THE COMMON WALL BETWEEN THE HEREINBEFORE DESCRIBED REAL ESTATE AND THE REAL ESTATE SITUATE TO THE EAST, AS THE SAME NOW EXISTS, FOR SUBJACENT, ADJACENT AND LATERAL SUPPORT. TOGETHER ALSO WITH A PERPETUAL EASEMENT OVER, UNDER AND THROUGH THE REAL ESTATE. SITUATE TO THE EAST FOR ANY AND ALL UTILITIES AS MAY SERVE THE HEREINBEFORE DESCRIBED REAL ESTATE, AND FOR THE MAINTENANCE AND REPLACEMENT THEREOF RESERVING UNTO THE PARTY OF THE FIRST PART A PERPETUAL EASEMENT FOR THE USE AND MAINTENANCE ON THE COMMON WALL BETWEEN THE HEREINABOVE DESCRIBED REAL ESTATE AND THE REAL ESTATE SITUATE TO THE EAST AS THE SAME NOW EXISTS, FOR SUBJACENT, ADJACENT AND LATERAL SUPPORT OF THE REAL ESTATE SITUATE TO THE EAST RESERVING ALSO UNTO THE PARTY OF THE FIRST PART PERPETUAL EASEMENTS OVER, UNDER AND THROUGH THE HEREINBEFORE DESCRIBED REAL ESTATE FOR ANY AND ALL UTILITIES AS MAY SERVE THE REAL ESTATE SITUATE TO THE EAST, AND FOR THE MAINTENANCE AND REPLACEMENT THEREOF. The purchaser will take the property subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real property. The purchaser will be responsible for paying any transfer stamp, excise taxes, and recording costs associated with recording the Trustee’s Deed into their name. The purchaser will be responsible for paying any unpaid property taxes owed to the Sheriff of Cabell County prior to or following the sale directly to the Sheriff. The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance having priority over the deed of trust referred to herein. The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance that is junior (“junior claims”) to this Deed of Trust and to which sufficient notice was not given. In that case, unless such right to notice is waived, the chain of title shall not merge with this Deed of Trust as to those unnoticed deeds of trust, judgments, liens, and other encumbrances and will be subject to a further noticed and published sale under this Deed of Trust pursuant to W.Va. Code 38-1-4, in which bidding shall resume at the last highest bid given. In the event of a surplus of such sale, the mortgagors and noticed junior lienholders are hereby on notice that if such surplus is less than Two Thousand Five Hundred Dollars ($2,500.00), then the Substitute Trustee will disburse those proceeds to the most senior interest holder as it sees fit, unless an objection is made in writing. The Trustees do not guarantee or represent that the boundaries described above are accurate, are not encroached upon, or that any particular structure located on the property is contained within the described boundaries. The property is therefore sold subject to an accurate survey at purchaser’s expense. The Trustees reserve the right to adjourn the sale, for a time, or from time to time, by announcement at the time and place of sale described above or any adjournment thereof. Such adjournment will be noticed by posting a notice at the front door of the county courthouse or where such notices are traditionally posted at the county courthouse. Such notice will include the date and time when such sale will reconvene. The Trustees reserve the right to reject any and all bids for any reason. The Trustees make no representations as to the condition of the property. The property will be sold in “AS IS” condition. The Trustees make no representations as to whether the property is occupied. The purchaser is responsible for gaining access and possession of the property. Trustees shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. The purchaser may assign its rights prior to the delivery of the trustee’s deed by a signed request in writing to the trustee; the assignee of the purchaser shall be bound by all terms and conditions applicable to the purchaser. The Trustees will deliver a trustees’ deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code 38-1-6. The Trustees make no representations and warranties about the title of the real estate to be conveyed. If the Trustees are unable to convey insurable or marketable title to purchaser for any reason, purchaser’s sole remedy is return of deposit. TERMS OF SALE: Purchaser must bring $18000 cash in hand at the time of sale as a deposit in the form of a certified check or cashier’s check made payable to “Stern & Eisenberg, PC, counsel for Terra Abstract Trustee West Virginia, Inc.” Those appearing without their deposit will not be allowed to bid. The balance of the successful purchaser’s bid must be proffered in cash within 30 days of the date of the sale. Purchaser shall pay for transfer stamps and recording fees. Additional terms of sale may be announced prior to the sale. Terra Abstract Trustee West Virginia, Inc. 1581 Main Street, Suite 200 The Shops at Valley Square Warrington, PA 18976 (215) 572-8111, Fax: (215) 572-5025 sterneisenberg.com LH-206839 12-26;2024 01-02;2025