Legal Notices

NOTICE OF TRUSTEE’S SALE Notice is hereby given by the undersigned Successor Trustee, in accordance with the provisions of that certain Deed of Trust, dated August 24, 2022 made by Darrin Dwayne Clevenger and Connie Denise Clevenger, and Paul J. Gray, as Trustee, of record in the Office of the Clerk of the County Commission of Webster County, West Virginia, in Trust Deed Book 196, at page 266 (the “Deed of Trust”), to secure indebtedness described therein payable to Peoples Bank, in the amount of $70,800.00, as evidenced by that certain Note dated August 18, 2022, made payable by Darrin Dwayne Clevenger and Connie Denise Clevenger to the order of Peoples Bank (along with any renewals, adjustments, extensions, or modifications, the “Note”), which Deed of Trust covers certain real estate situate in Webster County, West Virginia, more particularly described herein; WHEREAS, Peoples Bank is the owner and holder of the Note and Deed of Trust. Pursuant to authority granted in the Deed of Trust, Peoples Bank, the owner and holder of the Note secured by the Deed of Trust, appointed Zachary J. Rosencrance, a resident of Kanawha County, West Virginia, to serve as Successor Trustee, by that certain Appointment of Successor Trustee of record in the aforesaid Clerk’s office in Substitution of Trustee Book 201, at page 245. Peoples Bank, the owner and holder of the Note secured by the Deed of Trust, has notified the Successor Trustee that Darrin Dwayne Clevenger and Connie Denise Clevenger are in default under the terms of the Note and the terms of the Deed of Trust, and has requested, in writing, that the Successor Trustee sell the real property described in the Deed of Trust at public auction, in accordance with the terms of the Deed of Trust and applicable law. TAKE NOTICE that the undersigned Successor Trustee will offer for sale at public auction on the 4th day of December, 2025, at 12:00 p.m., prevailing Eastern time, at the front door of the Webster County Courthouse, 2 Court Square, Webster Springs, West Virginia, all those certain lots, tracts, or parcels of land together with the buildings and improvements thereon, easements, rights of way, and the appurtenances thereunto belonging situate in Holly District, Webster County, West Virginia, and more particularly described as follows (hereinafter, the “Real Property”): BEGINNING at a white lynn standing behind a large rock on the north bank of the said Holly River, being also a comer to land this day conveyed to F. G. Mele; thence crossing said river a strait (straight) line with said Mele to a rock at the public road; thence up said road with its meanders to a chestnut stump below the grave yard; thence down the hill a straight line crossing said river to a small white oak on the north bank of said river; thence down same, being in thereon to the place of beginning, containing eight (8) acres, be the same more or less. Thereafter, a survey was conducted upon the above-described property and a new description of said property has been prepared and the property is more particularly described as follows: BEGINNING at a Rootbolt (found) on the northern right of way edge of the old county road, a corner to W. Robson (247/10), thence with Robson for one (1) call N 58-12-20 W crossing Holly River 398.26 feet to a Rebar (found) on the north bank of said river, thence with said riverbank for seven (7) calls N 30-08-18 E 192.24 feet, thence N 48-14-55 E 206.05 feet, thence N 72-50-51 E 231.28 feet, thence S 66-16-57 E 169.07 feet, thence S 32-26-13 E 256.75 feet, thence S 23-16-26 E 227.21 feet, thence S 11-53-11 E 326.52 feet to a 26 inch White Oak (found) on said riverbank, a corner to Rockhold, thence with Rockhold for three (3) calls S 73-23-21 W crossing Holly River 310.75 feet to a Rebar (found) at said old county road near the cemetery, thence with said old county road for two (2) calls N 20-47-18 W 499.12, thence S 36-15-32 W 181.50 feet to the beginning, containing 9.75 acres, as shown on a plat. Being the same real estate conveyed by deed dated June 28, 2006, from Robert B. Kapps to Darrin Dwayne Clevenger and Connie Denise Clevenger and recorded in the Office of the Clerk of the County Commission of Webster County, West Virginia in Deed Book 267, Page 39. Upon information and belief, the Real Property is located at 856 Removal Road, Diana, West Virginia 26217. TERMS OF SALE The Real Property will be sold for cash in hand on the date of sale, or under any different, other, or additional sale terms as the Successor Trustee, in his or her reasonable discretion, determines to be appropriate or advisable. The sale shall be further subject to the following: 1. Real estate taxes delinquent, due or payable or to become due and payable, all of which shall be the responsibility of the purchaser; 2. Any statutory lien or liens that may affect the subject property; 3. All covenants, conditions, restrictions, reservations, easements and rights-of-way appearing of record in the chain of title to the property, or which may be visible from a physical inspection of the subject property; 4. All liens and encumbrances of any nature whatsoever, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges, having priority over the deeds of trust referred to herein. 5. The purchaser at the sale shall be responsible for paying the costs of recording the Successor Trustee’s Deed and the tax imposed by the State of West Virginia on the privilege of transferring real property (the cost of the tax stamps to be affixed to the Deed). 6. All of the property to be sold will be sold “AS IS, WHERE IS” in the present condition and with all faults and defects, if any, and without any warranty or representation, express of implied. The Successor Trustee shall be under no duty to cause any existing tenant or person occupying the Real Property to vacate said property. The Successor Trustee will deliver a trustee’s deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code 38-1-6. The Successor Trustee makes no representations and warranties about the title to the real estate to be conveyed. If the Successor Trustee is unable to convey insurable or marketable title to the purchaser for any reason, purchaser’s sole remedy is return of deposit. 7. 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. 8. The undersigned Successor Trustee expressly reserves the right to reject any and all bids, and the right to adjourn the sale from time to time without notice other than oral proclamation at the time and place appointed for the sale. Such adjournment may be for a period of time deemed expedient by the beneficial owner and shall not be construed to be a waiver of the right to make the sale contemplated by this Notice. 9. The beneficiary of the Deeds of Trust and holder of the Note thereby secured reserves the right to submit a bid for the Real Property at the sale, which bid may be in the form of a credit bid. 10. The successful bidder will be required to execute a memorandum of sale upon the acceptance of the successful bid by the Successor Trustee. 11. The sale is subject to post-sale confirmation that none of the grantors filed for bankruptcy protection before the conclusion of bidding, in which case the sale will be null and void and the purchaser’s sole remedy, at law or in equity, will be return of deposit without interest. 12. The trustee’s sale shall be open to online bidders. 13. A 10% buyer’s premium will be added to the high bid for the Real Property. The high bidder shall pay the buyer’s premium plus an additional 10% of its bid on the day of the sale (the “Good Faith Deposit”), with the balance to be paid in cash at closing within 14 days after the date of sale. 14. To the extent there exists any discrepancy between the legal description of the Real Property in this Notice and any other third-party marketing materials, the legal description in this Notice controls. Additional terms of sale may be announced prior to the sale. Any inquiries regarding this sale may be directed to Zachary J. Rosencrance, Successor Trustee, 600 Quarrier Street, Charleston, West Virginia 25301, telephone (304) 347-1100. DATED: October 30, 2025. /s/ Zachary J. Rosencrance Zachary J. Rosencrance, Successor Trustee LW-368211 11-12,19,26;2025