NOTICE OF SUBSTITUTE TRUSTEE’S SALE OF VALUABLE REAL ESTATE The undersigned Substitute Trustee, by virtue of authority vested by that certain Deed of Trust dated October 31, 2022, in which Hughes Creek Holdings LLC, a West Virginia Limited Liability Company did grant and convey unto Daniel T. Booth as Trustee for the benefit and to secure Conserv Lending, LLC, upon a note and loan in the maximum principal amount of $10,530,002.00, and which Deed of Trust is recorded in the Office of the Clerk of the County Commission of Kanawha County West Virgina in Trust Deed Book 4618, at page 34, and which was re-recorded on June 26, 2025, in Trust Deed Book 4752, at page 610. Whereupon, Conserv Lending, LLC did my Substitution of Trustee dated July 7, 2025, removed, Daniel T. Booth as Trustee and appointed as Substitute Trustee, L. Richard Dorsey, II, of Jackson Kelly PLLC, and which is recorded in the aforesaid Clerk’s Office in Trust Deed Book 4755, at page 55 WHEREAS, default having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by the secured party to foreclose pursuant to said Deed of Trust, the subject property therein will be offered for public auction, at the front door of the Kanawha County Courthouse, located at 409 Virginia St. E. Charleston, West Virginia 25301 on July 31st, 2025, at 10:00 o’clock in the a.m. The property subject to the Deed of Trust pursuant to the Kanawha County Assessor is said to have a physical address of 2070 and 2072 Stephen St., Hugheston, West Virginia 25110, and is identified on the land records as “14 66/100A m/l Hughes Ck 2 Bldgs”, and is further said to be all those certain lots tracts or parcels of land together with all rights, privileges, improvements, rights-of-way and appurtenances thereunto belonging situate in the community of Hugheston, Cabin Creek District, Kanawha County, West Virginia and being more particularly described on the attached Exhibit “A”. (hereinafter the “property” or “subject property”) The aforesaid property being the same property conveyed unto Hughes Creek Holdings LLC by Deed dated August 29, 2022, from Hughes Creek Terminal, LLC and recorded in the aforesaid Clerk’s Office in Deed Book 3141, at page 906. TERMS OF SALE: 1. $5,000.00 in cash or certified funds on the day of sale with the balance due in 30 days of sale. 2. Sale is made subject to all matters having a priority over the Deed of Trust referenced herein including but not limited to any and all easements, rights of way, riparian river and river docking rights, all permits, mineral rights, prior liens, encumbrances, leases, restrictions, covenants, and conditions, of any nature whatsoever. 3. Sale is SUBJECT TO the redemption rights if any of the Internal Revenue Service as set forth in 11 U.S.C. 7425. 4. Subject to any real estate taxes now due or owing and the 2025 real estate taxes. 5. Purchaser at the sale shall be responsible for paying the: recording costs, transfer tax or excise tax on the privilege of transferring real property (the cost of the tax stamp to be affixed to the deed). The purchaser is responsible for the payment of real estate taxes due or owing at the time of the sale. 6. Subject property is sold “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 title to the real estate conveyed, and the real estate conveyed will be conveyed with no covenants of warranty, and subject to all covenants, restrictions, easements, rights of way, reservations, or other rights which may be a matter of record in the aforesaid Clerk’s Office, or unrecorded, visible upon the ground, all prior liens and encumbrances, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges, utility or city fees or liens. 7. Substitute Trustee will be under no duty to cause any existing tenant, owner, person occupying the subject property to vacate said property. 8. The beneficiary of the Deed of Trust and holder of the note secured thereby reserves the right to submit a bid for the property at the sale, which may be in the form of a credit bid. 9. All other terms as announced at the time of sale. 10. FEDERAL TAX LIEN: In the event that there are any Federal Tax Liens against the property, the United State 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. 11. Substitute Trustee may postpone the sale by public announcement at the time and place designated or by posting notice of the same and is not required to readvertise or publish the sale if postponed or continued; and may act by agent in the execution of the sale. Given under my hand this 11th day of July, 2025. L. Richard Dorsey, II Substitute Trustee EXHIBIT A FIRST TRACT: FIRST PARCEL: Beginning at an iron pin in the western right of way line of the New York Central Railroad, this being a corner to the Falbo property, thence with the Falbo line S 86-22 W 572.0 feet to an iron pin; thence S 14-38 E 2 14.5 feet to an iron pin; thence S 75-22 W 11 3.52 feet to a point in the low water line of the Kanawha River; thence with said river N 13-06 W 56 1.78 feet to an iron pin in the bank of said river approximately 2 feet above water line; thence leaving said river N 54-57 E 408.74 feet to an iron pin at point on a twenty (20) foot street right of way line on a lot reservation from Parcel No. 4; thence with said street right of way line S 42-21 E 53.5 feet to an iron pin on a thirty (30) foot street right of way line leading from the New York Central right of way line to the above mentioned 200 foot street, thence with said 30 foot street N 47-30 E 72.34 feet to an iron pin on said New York Central Railroad right of way line; thence with said right of way line S 31-40 E 620.5 feet to the place of beginning, containing 6.99 acres, more or less, and being shown and designated on that certain map entitled “Map Showing Property of Woodland Realty Company, Montgomery, West Virginia. sold to Heater Oil Company, Gassaway, West Virginia,” dated January 31, 1966, and prepared by Nichols Engineering Company, Summersville, West Virginia, R. B. Talbert, R.P.E., and being a part of Parcel No. 4 as was heretofore conveyed to James Falbo by deed of Crucible Steel Company of America, a New Jersey Corporation, dated November 2 1, 1963, and of record in the office of the Clerk of County Court of Kanawha County, West Virginia, in Deed Book 1397, at page 415. As part of the first parcel hereinabove conveyed, the Grantor does hereby further convey unto Grantee all the riparian, moorage, and shore rights owned by the Grantor between the property hereby conveyed and the Kanawha River. PARCEL NO. 2: Beginning at an iron pin in the eastern right of way line of the New York Central Railroad and the southern corner of Parcel No. 3; thence leaving said New York Central right of way N 86-22 E 153.40 feet to an iron pin on the Aiestern right of way line if U. S. Route No. 60; thence with said right of way line of U. S. Route No. 60 N 21-48 W 75 feet to an iron pin on said right of way line; thence leaving said right of way line S 84-37 W 165.33 feet to an iron pin on said New York Central Railroad right of way line; thence with said right of way line S 31-40 E 75 feet to the place of beginning, containing 0.27 acre, more or less, being a part of Parcel No. 3, being a small part of the southerly most portion thereof, as was heretofore conveyed to James Falbo by Crucible Steel Company of America, by said deed hereinabove noted and as shown on the map attached to that certain Deed by and between James Falbo and Grantor dated on May 10, 199 1, of record in the office of the Clerk of the County Commission of Kanawha County, West Virginia. in Deed Book 2271, at page 840 (the “James Falbo Deed”). The Grantor does hereby further grant and convey unto the Grantee a right of user of that certain 30 foot street adjacent to the northern most portion of the property hereby conveyed as shown on the map attached to the James Falbo Deed extending to and across the railroad crossing connecting thereto and a further right of way easement between said railroad crossing and U. S. Route No. 60 across Parcel No. 3 at such location as is designated from time to time by Grantor, its successors or assigns, but in every such instance it shall be so located as to give a reasonable approach to U. S. Route 60 from said railroad crossing. SECOND TRACT: Those two certain lots or parcels of land containing one and fifty-nine one hundredths (1.59) acres and six and twenty-two one hundredths (6.22) acres, respectively, situate, lying and being on the no lth ( or east) side of Kanawha River in Cabin Creek District of Kanawha County, West Virginia, a short distance below the mouth of Hughes Creek (and on the same side of said river) conveyed to James Falbo by Archer Milton Huntington and Anna Hyatt Huntington, his wife, by deed dated the 14th day of March, 1931, and recorded in said Clerk’s office in Deed Book No. 376, at Page 502, and being the two lots or parcels of land mentioned and described in item Sixth in said deed, to which reference is made for a further description of said parcels of land. And Being those same tracts or parcels of real estate conveyed by Deed dated April 13, 2011 by and between Montgomery Iron and Metal, Inc. and Grantor recorded in Deed Book 2790 at Page 98 of record in the Office of the Clerk of the County Commission, Kanawha County, West Virginia. And that certain life estate conveyed to Grantor in the following: BEGINNING at Point No. 3 in the west right of way line of railroad and with said right of way in a southerly direction approximately 55 feet to Point “X” in the right of way line near a gravel road (access road for Falbo); thence leaving right of way line and crossing railroad in an easterly direction to the west right of way line of old Route 60, near a gravel road (access road for Falbo); thence with right of way line in a southerly direction approximately 20 feet to a point in west right of way of old Route 60; thence leaving right of way line and in a westerly direction and with gravel road and crossing railroad to Point “O” on reservation above; thence the railroad right of way line and running with a fence in a westerly direction to Point No. 1, said Point being 20 feet, more or less from the low water mark of the Kanawha River; thence with said river in a northerly direction 75 feet, more or less, to Point No. 2, said Point being approximately 20 feet from the low water mark of the Kanawha River; thence leaving the Kanawha River and running through Parcel “B” in an easterly direction to Point No. 3, the Point of beginning, and being the same life estate conveyed to Frank Falbo by deed dated August 15, 1991, and of record in said Clerk’s office in Deed Book 2277 at Page 210. And Being that same life estate in those same tracts or parcels of real estate conveyed by Deed dated April 13, 2011 by and between Frank J. Falbo, Sr. and Grantor recorded in Deed Book 2790 at Page 103 of record in the Office of the Clerk of the County Commission, Kanawha County, West Virginia. LC-307960 07-15,22;2025
Legal Notices
ORDER OF PUBLICATION IN THE FAMILY COURT OF CABELL COUNTY, WEST VIRGINIA Civil Action No. 25-D-328 IN RE: The Marriage of: Barbara-Lynn Duarte, PETITIONER, and Nelson A Duarte Perez, RESPONDENT THE OBJECT OF THIS SUIT IS TO OBTAIN A DIVORCE To the Above Named Petitioner/ Respondent: It appearing by affidavit filed in this action that Nelson A. Duarte Perez, is a non-resident of the State of West Virginia, it is hereby ordered that Nelson A. Duarte Perez serve upon Barbara-Lynn Duarte, the Petitioner/Respondent’s attorney, whose address is 750 5th Avenue, Suite 114, Huntington, West Virginia 25701, an Answer, including any related counterclaim or defense you may have to the Petition filed in this action on or before August 10th, 2025. If you fail to do so, therefore judgment, upon proper hearing and trial, may be taken against you for the relief demanded in the Petition. A copy of said Petition can be obtained from the undersigned Clerk at his/her office. Entered by the Clerk of said Court July 11, 2025. Michael J. Woelfel, Circuit Clerk LH-307914 07-15,22;2025
