Legal Notices

NOTICE OF TRUSTEE’S SALE NOTICE IS HEREBY GIVEN that by virtue of a certain Deed of Trust (the “Deed of Trust”) dated July 20, 2017, made by Charles H. Hibner and Carrie Hibner, husband and wife as joint tenants to Todd Taylor and Dan Kennedy, Trustees, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Trust Deed Book No. 4253, at page 1, to secure City National Bank of West Virginia in the payment of the sum of $239,000.00, evidenced by a negotiable promissory note bearing even date therewith, and City National Bank of West Virginia being authorized and empowered to designate and appoint one or more substitute trustees in the place and stead of the trustee named in the Deed of Trust and the undersigned, Sarah C. Ellis and/or Colton C. Parsons, were so appointed by the terms of a Designation of Substitute Trustee of record in said Clerk’s office, and default having been made in the payment of said indebtedness and said Substitute Trustees having been requested in writing so to do by City National Bank of West Virginia owner and holder of said note, said Substitute Trustees, on Thursday, April 16, 2020 AT 11:00 A.M. EASTERN TIME will offer for sale and sell at public auction at the front door of the Kanawha County Courthouse, 409 Virginia Street East, Charleston, WV 25301, for the property commonly known as TM25 P 84, 36, 37 & 35 Reamer Road, Clendenin, WV 25045, to the highest bidder therefore, which is comprised of all of their right, title and interest, in and all those certain tracts or parcels of real estate together with the improvements thereon and the appurtenances thereunto belonging, situate and being on the Leatherwood Side of Ridge in the Elmwood Addition to the Town of Clendenin, Big Sandy District, Kanawha County, West Virginia, and being more particularly bounded and described as follows: PARCEL NO. ONE (1): BEGINNING at a stake on the top of ridge of M.F. Harper’s line and corner to C.E. Shafer; thence southwest 1600 feet with said C.E. Shafer’s line to a rock in creek and blazed birch pointers; thence with the meanderings of creek 100 feet to rock corner; thence northeast 1625 feet to a stake and white oak pointers; thence 85 feet to pine on top of ridge, corner to C.E. Shafer and M.F. Harper; thence 81 feet to M.F. Harper’s line on top of ridge to stake, the place of beginning, and containing five (5) acres, more or less. PARCEL NO. TWO (2): BEGINNING at a hickory on top of ridge, corner to M.F. Harper’s line; thence S. 12 441 W. 1523.3 feet to a rock in creek; thence N. 83 30′ W. 12 rods to rock in creek and blazed birch pointers; thence northeast 1600 feet to stake on top of ridge to M.F. Harper’s line and with same ____ feet to place of beginning, containing ten (10) acres, more or less. PARCEL NO. THREE (3): BEGINNING at a stake at the upper side of haul road, on a line of C.E. Shafer; thence east with haul road 220 feet to stake to a line of E.C. Shafer near a pine stump; thence up the hill north with line of E.C. Shafer about 280 feet to small oak corner to C.E. Shafer and E.C. Shafer; thence down the hill with C.E. Shafer’s line southwest about 280 feet to stake at the place of beginning, and containing about one-half (1/2) acre, more or less. PARCEL NO. FOUR (4); BEGINNING at a rock corner on Leatherwood Creek, a corner to E.C. Shafer; thence with line of E.C. Shafer, northeast to a haul road, corner to a lot or parcel of land formerly owned by M.P. Shafer; thence with his line southwest to a line of the Jarrett heirs; thence with said line to a beech corner on Leatherwood Creek; thence up the creek with its meandering to the place of beginning, and containing fifteen (15) acres, more or less. Being the same property conveyed unto Charles H. Hibner and Carrie E. Hibner, by Ronnie Dee Harper, by deed dated June 9, 2016, and recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 2943, at page 242. The sale of said property will be made subject to all exceptions, encumbrances, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real estate, and any and all unpaid taxes assessed against said property. Any sale hereunder may be adjourned from time to time without notice other than oral proclamation at the time and place appointed for the sale. The Substitute Trustees reserve the right to reject any or all bids. Conveyance shall be by special warranty deed, and purchaser shall pay for all transfer stamps, recording fees, and other closing costs. TERMS OF SALE: Ten percent (10%) of the sales price shall be paid by cash, cashier’s check, or check guaranteed by bank letter of credit in acceptable form, in hand on the day of sale (the “Good Faith Deposit”), with the balance to be paid in cash at closing within 30 days after the date of sale. Additional terms and conditions shall be announced at the sale. At public sale any person or entity may bid and may purchase any real estate sold if they be the highest bidder. If the real estate is sold for an amount in excess of the outstanding balance of the mortgage, together with all interest, unpaid real estate taxes and costs, said excess must be used to satisfy any other encumbrances on said property and after all said encumbrances are satisfied together with all interest and costs, any excess then remaining must be paid to the Grantor. If the Grantor or any person holding an encumbrance cannot be found after a diligent search, the money shall be paid into the Circuit Court of the county for the benefit of the Grantor or the holder of any such encumbrance. Any questions or inquiries regarding the sale can be directed to the substitute trustees at 304-353-8000. Dated: March 13, 2020. ________________ Sarah C. Ellis, as Substitute Trustee Steptoe & Johnson PLLC P. O. Box 1588 Charleston, WV 25326 LC-90222 3-24,31;2020