Legal Notices

NOTICE OF TRUSTEE SALE Pursuant to the authority vested by Deed of Trust dated the 1st day of May, 2010, Hager Construction, LLC, Grantor, to Philip A. Vallandingham and Samuel A. Vallandingham, Trustees, which said Deed of Trust is of record in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Trust Deed Book 2341 beginning at page 193, and the undersigned, Daniel T Yon and Ralph J. Hagy, substituted Trustees, by Substitution of Trustees of record in the office of the Clerk of the County Commission of Cabell County in Trust Deed Book 404 at page 165 having been requested to do so by the Lender, and default having been made under the terms and conditions of said Deed of Trust, and the provisions of said Deed of Trust concerning acceleration having been complied with by the Lender and present holder of the note, said substituted Trustees shall sell at public auction on June 24, 2020 at 11:50 a.m. at the front steps of the courthouse of Cabell County, West Virginia, the following real estate more particularly described as follows: All that certain piece or parcel of land situate in Guyandotte District, Cabell County, West Virginia, and being more particularly bounded and described as follows: BEGINNING at a 1 1/2 inch pipe (set) at the northwesterly corner of the lands of Moses Realty, Inc., (DB 1086 PG 730), said pipe also being in an easterly right-of-way line of Brailey Road (Secondary Rt. 64/60), thence with said right-of-way line, N 9 34’40” W 267.17 feet to a 1 inch pipe (set) at the intersection with the southerly line of a 30 foot right-of-way, thence leaving said Brailey Road and with the southerly line of the said 30 foot road right-of-way, N 63 58’19” E passing at 266.37 feet a 1 inch pipe (set) with orange plastic cap, said cap marked “M. Porter, WV 355”, in all 308.00 feet to a 1 inch pipe (set) with orange plastic cap, said pipe being at the intersection with the westerly line of another 30 foot road right-of-way, thence leaving first said 30 foot road right-of-way and with the said westerly right-of-way line of the second 30 foot road right-of-way line the following eight(8) courses: S 8 44’W 19.00 feet to a 1 inch pipe (set), thence S 25 15′ W 46.00 feet to a 1 inch pipe (set), thence S 20 00′ W 85.00 feet to a 1 inch pipe (set), thence S 17 20′ W 80.00 feet to a 1 inch pipe (set), thence S 14 00′ W 45.00 feet to a 1 inch pipe (set), thence S 8 30′ W 70.00 feet to a 1 inch pipe (set), thence S 5 45; W 43.66 feet to a 1 inch pipe (set), thence S 5 45′ W 15.24 feet to a 5/8 inch rebar (found) with yellow plastic cap, said cap marked “Thrasher Eng.”, thence leaving said right-of-way line and severing the lands of R & E Properties, Inc. LLC (DB 1070 PG 111) the following 7 courses: N 86 06’34” W 46.57 feet to a 5/8 inch rebar (found) with yellow plastic cap, in the edge of a small drain, thence N 23 49’30” W 35.44 feet to a 5/8 inch rebar (found) with yellow plastic cap, thence S 82 02’19” W 18.86 feet to a 5/8 inch rebar (found) with yellow plastic cap, thence S 52 20’31” W 11.13 feet to a 5/8 inch rebar (found) with yellow plastic cap, thence S 40 06’39” W 26.73 feet to a 5/8 inch rebar (found) with yellow plastic cap, thence S 15 05’57” E at 7.03 feet to a 5/8 inch rebar (found) with yellow plastic cap, in all 8.80 feet to a 1 inch pipe with orange plastic cap (set), in the northerly line of the aforesaid Moses Realty, Inc., Lands (DB 1086 PG 730), thence with said line, S 73 48′ W 27.66 feet to the place of BEGINNING, and containing an area of 1.330 acres, more or less, as surveyed by Michael D. Porter, WV Professional Surveyor No. 355, to which reference is hereby made, AND INCLUDING the right to the grantee, his heirs and assigns, to use the two 30 foot wide rights-of-way for ingress, egress and access to and from Brailey Road and Cherry Lane. AND RESERVING UNTO THE GRANTOR a perpetual easement for the maintenance of a sign measuring eight feet by eight feet in its location at the time of this conveyance for the use and purpose of the present business of the grantor and any successor business of similar nature, as well as a right of way for ingress and egress to the location of the sign for required maintenance. EXCEPTING all that certain piece or parcel of land situate in Guyandotte District, Cabell County, West Virginia, and being more particularly bounded and described as follows: BEGINNING at a 1inch pipe (set), said pipe having an orange plastic cap marked “M. Porter – WV 355″, and said pipe also being in the southerly line of an unnamed 30 foot right-of-way, leading easterly from its intersection with the easterly right-of-way line of Brailey Road (Secondary Rt. 64/60), and said pipe also being N 63 58’19” E 71.00 feet from another 1 inch pipe (found) with orange plastic cap (said cap marked “M. Porter – 355″ and said 2nd pipe being at the northwesterly corner of the lands of Hager Construction, LLC (DB 1158 PG 237). Which is also the intersection point of the two rights-of-way noted above, thence from said beginning pipe and with the said southerly line of the unnamed 30 foot right-of-way line, N 63 58’19” E passing at 195.37 feet a 1 inch pipe (found) with orange plastic cap, said cap marked “M. Porter, WV 355”, in all 237.00 feet to a 1 inch pipe (found) with orange plastic cap, said pipe being at the intersection with the westerly line of another 30 foot road right-of-way (which leads southerly towards Cherry Lane), thence leaving first said 30 foot road right-of-way and with the said westerly right-of-way line of the second 30 foot road right-of-way line the following six (6) courses: S 8 44′ W 19.00 feet to a 1 inch pipe (found), thence S 25 15′ W 46.00 feet to a 1 inch pipe (found), thence S 20 00′ W 85.00 feet to a 1 inch pipe (found), thence S 17 20′ W 80.00 feet to a 1 inch pipe (set), thence S 14 00′ W 45.00 feet to a 1 inch pipe (set), thence S 8 30′ W 48.03 feet to a 1 inch pipe (set), said pipe having an orange plastic cap, inscribed “M. Porter WV 355”, thence leaving the westerly right-of-way line of the second 30 foot road right-of-way line and severing the lands of said Hager Construction, L.L.C., N 30 24′ W 236.28 feet to the place of BEGINNING, and containing an area of 0.60 acres, more or less, as surveyed by Michael D. Porter, WV Professional Surveyor No. 355. AND INCLUDING the right to the grantee, his heirs and assigns, to use the two 30 foot wide rights-of-way for ingress, egress and access to and from Brailey Road and Cherry Lane. AND SUBJECT TO all restrictions, easements, reservations that may be of record. TERMS OF SALE: Ten percent (10%) of total bid amount cash in hand on day of sale. Remainder due within 30 days from date of Trustee Sale. Payment for unpaid real estate taxes to be assumed by the purchaser. Subject to any and all assessments and taxes against said property, and all prior liens and encumbrances of any nature whatsoever. The purchaser shall be responsible for the payment of the transfer taxes imposed by Article 2 of Chapter 11 of the West Virginia Code. Any sale hereunder may be adjourned from time to time without any notice other than the oral proclamation at the time and place appointed for this sale or by posting of a notice of same. Subject to the right of the Internal Revenue Service to redeem the property as provided by Section 7425 of the Internal Revenue Code, as amended. The undersigned is fully vested with the authority to sell said property as substituted Trustee. Any required inspections must be completed prior to bidding. Property is being sold as is. Ten percent (10%) Buyer’s Premium also due at close of the auction payable to the Auctioneer. Given under my hand this 4th day of June, 2020. Daniel T Yon, Esquire BAILES, CRAIG, YON & SELLARDS, PLLC P.O. Box 1926 Huntington, West Virginia 25720 (304) 697-4700 Ralph J. Hagy, Esquire BAILES, CRAIG, YON & SELLARDS, PLLC P.O. Box 1926 Huntington, West Virginia 25720 (304) 697-4700 LH-93400 6-5,12;2020