Cabell

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 February 21, 2013, of record in the Office of the Clerk of the County Commission of Wayne County, West Virginia, in Trust Deed Book 735, at page 516 (the “Deed of Trust”), made by Leo M. Bronosky and Melissa Marie Chambers (“Grantors”) to Wesley F. Agee, in his capacity as Trustee (the “Original Trustee”), predecessor in interest to Ian G. Henry (the “Substitute Trustee” or “Trustee”), in favor of Desco Federal Credit Union (the “Original Beneficiary”) and assigned by Assignment of Deed of Trust dated February 21, 2013, of record in the aforesaid Clerk’s Office in Assignment Book 40, at page 276 to Wright-Patt Credit Union Inc., and serviced by MyCUMortgage, LLC (the “Beneficiary”), to secure the payment of a note in the amount of $72,000.00. The Substitute Trustee was appointed in the Original Trustee’s place and stead, by instrument recorded in the aforesaid Clerk’s Office in Trust Deed Book 816, at page 931. The Deed of Trust authorizes the Substitute Trustee to act in the enforcement of said Deed of Trust, and the undersigned Substitute 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: FEBRUARY 28, 2020, AT 1:00 P.M., ON THE FRONT STEPS OF THE WAYNE COUNTY COURTHOUSE, WAYNE, WEST VIRGINIA. REAL ESTATE DESCRIPTION: LYING AND BEING IN UNION DISTRICT WAYNE COUNTY, WEST VIRGINIA, SET OUT AND DESCRIBED WITH METES AND BOUNDS IN THE ATTACHED PLAT AND MAP AND WHICH TRACT OF LAND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHERN RIGHT OF WAY OF LOCAL SERVICE ROUTE NUMBER 52/2 AND BEING IN THE CENTER OF CAMP CREEK AND APPROXIMATELY 400 FEET NORTHWEST OF THE INTERSECTION OF LOCAL SERVICE ROUTE NUMBER 52/2 AND 52/3 SAID POINT BEING THE SOUTHEAST CORNER OF THE CLARA BARBOUR PROPERTY: THENCE LEAVING SAID CAMP CREEK AND WITH SAID BARBOUR LINE N-18 DEG 43 MIN E 247.75 FEET TO A POINT BEING THE SOUTHWEST CORNER OF THE FRANCIS SHARROW PROPERTY THENCE LEAVING SAID BARBOUR PROPERTY AND WITH SAID SHARROW LINE S-74 DEG 21 MIN E 413.80 FEET TO A POINT IN THE WESTERN RIGHT OF WAY OF LOCAL SERVICE ROUTE NUMBER 52/2 THENCE LEAVING SAID SHARROW PROPERTY AND WITH SAID RIGHT OF WAY S-16 DEG 32 MIN W 39.74 FEET TO A POINT THENCE WITH SAID RIGHT OF WAY S-17 DEG 59 MIN W 99.63 FEET TO A POINT THENCE FEET TO A POINT THENCE WITH SAID RIGHT OF WAY N- 85 DEG 08 MIN. W 88.03 FEET TO A POINT THENCE WITH SAID RIGHT OF WAY N-76 DEG 26 MIN W 96.85 FEET TO A POINT THENCE WITH SAID RIGHT OF WAY N-76 DEG. 11 MIN W 99.70 FEET TO A POINT THENCE WITH SAID RIGHT OF WAY N-74 DEG 14 MIN. W 99.30 FEET TO THE PLACE OF BEGINNING AND CONTAINING 2.2 ACRES MORE OR LESS. LESS AND EXCEPT PROPERTY CONVEYED FROM EUGENE GRAHAM AND OLLIE GRAHAM, HUSBAND AND WIFE TO SHIRLEY TALBERT BY DEED DATED 05/10/1979 AND RECORDED ON 08/06/1979 IN BOOK 463 AT PAGE 97. ALL THAT CERTAIN PROPERTY SITUATE ON THE WATERS OF CAMP CREEK, UNION DISTRICT, WAYNE COUNTY, WEST VIRGINIA DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHERN RIGHT OF WAY OF LOCAL SERVICE ROUTE NUMBER 52/2 AND BEING IN THE CENTER OF CAMP CREEK AND BEING APPROXIMATELY 400 FEET NORTHWEST OF THE INTERSECTION OF LOCAL SERVICE ROUTE NUMBER 52/2 AND 52/3, SAID POINT BEING THE SOUTHEAST CORNER OF THE CLARA BARBOUR PROPERTY; THENCE LEAVING SAID ROAD AND SAID BARBOUR PROPERTY AND UP THE CENTER OF SAID CREEK N 41 DEG. 21 MIN. E. 100.00 FEET TO A POINT; THENCE LEAVING SAID CREEK S 81 DEG. 38 MIN. E. 13.00 FEET TO AN IRON PIPE ON THE EAST BANK OF SAID CREEK, THENCE CONTINUING SAME COURSE S 81 DEG. 38 MN. E 87.00 FEET AND BEING 100.00 FEET IN ALL, TO AN IRON PIPE; THENCE S 1 1 DEG. 40 MIN. W. 100.00 FEET TO AN IRON PIPE IN THE NORTHERN LINE OF THE ABOVE MENTIONED LOCAL SERVICE ROUTE NUMBER 52/2; THENCE WITH SAID ROAD N 76 DEG. 11 MIN. W. 50.70 FEET TO A POINT; THENCE WITH SAID ROAD N 74 DEG. 14 MIN. W. 99.30 FEET TO THE BEGINNING AND CONTAINING 11630 SOUARE FEET, MORE OR LESS. RESERVING THE RIGHT TO USE THE 15 FOOT PRIVATE DRIVEWAY FOR INGRESS AND EGRESS TO THE ADJOINING PROPERTY. SAID DRIVEWAY IS THROUGH THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED PROPERTY AS SHOWN ON A PLAT OF SURVEY, PREPARED BY VICTOR H. FOWLER. LESS AND EXCEPT PROPERTY CONVEYED FROM EUGENE GRAHAM AND OLLIE GRAHAM, HUSBAND AND WIFE TO MARY L TAFT BY DEED DATED 06/09/2004 AND RECORDED ON 08/10/2004 IN BOOK 634 AT PAGE 165. ALL THAT CERTAIN TRACT OR PARCEL OF REAL ESTATE SITUATE ON THE WATERS OF CAMP CREEK OF TWELVE POLE, A TRIBUTARY OF THE OHIO RIVER, AND IS LOCATED ON STATE LOCAL SERVICE ROUTE 52/2, KNOWN AS CAMP CREEK ROAD, AND IS AT THE INTERSECTION WITH WEST VIRGINIA STATE LOCAL SERVICE ROUTE 52/3, KNOWN AS THE RIGHT FORK OF CAMP CREEK ROAD, UNION DISTRICT, WAYNE COUNTY, WEST VIRGINIA, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT A 3/4 INCH STEEL PIPE (FOUND) AT THE SOUTHEAST CORNER OF A TRACT OF LAND NOW OR FORMERLY OWNED BY DEBORAH L NOE (D.B. 615, PG. 235);THENCE, SOUTH 76 DEG 05 MIN 54 SEC EAST A DISTANCE OF 162.00 FEET TO A 5/8 INCH BY 32 INCHES REBAR (SET) WITH PLASTIC CAP STAMPED D PORTER H AND T PLS 357 AND BEING ON THE NORTH RIGHT OF WAY OF THE SAID CAMP CREEK ROAD AND IS ALSO THE BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED: THENCE, FROM THE SAID BEGINNING POINT NORTH 12 DEG 58 MIN 44 SEC EAST A DISTANCE OF 241.29 FEET TO A 5/8 INCH BY 32 INCHES REBAR (SET) WITH PLASTIC CAP STAMPED D PORTER H AND T PLS 357; THENCE SOUTH 74 DEG 21 MIN 00 SEC EAST A DISTANCE OF 116.13 FEET TO A 5/8 INCH BY 32 INCHES REBAR (SET) WITH PLASTIC CAP STAMPED D PORTER H AND T PLS 357; THENCE SOUTH 19 DEG 01 MIN 51 SEC WEST A DISTANCE OF 163.95 FEET TO A CURVE TO THE RIGHT HAVING A RADIUS OF 81.73 FEET AND A CENTRAL ANGLE OF 84 DEG 52 MIN 15 SEC; THENCE, SOUTHWESTERLY ALONG THE ARC A DISTANCE OF 121.06 FEET AND WHICH CHORD IS 110.30 FEET WITH THE CHORD BEARING OF SOUTH 61 DEG 27 MIN 59 SEC WEST; THENCE, NORTH 76 DEG 05 MN 54 SEC WEST A DISTANCE OF 16.14 FEET TO THE BEGINNING, CONTAINING 23634.075 SQUARE FEET OF FIVE HUNDRED FORTY-THREE (0.543) ONE-THOUSANDTHS ACRE, MORE OR LESS. AS SHOWN ON A PLAT OF THE ABOVE DESCRIBED REAL ESTATE, MADE BY DANNY A PORTER, PROFESSIONAL SURVEYOR, ON JULY 30, 2004, AS A PART HEREOF MAP NO 4 PARCEL 115.2. 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: Substitute 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 31st day of January, 2020. 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 LH-87668 2-5,12;2020