Cabell

Legal Notices

NOTICE OF SUCCESSOR TRUSTEE’S SALE Notice is hereby given that by virtue of the following deed of trust: Deed of Trust dated February 7, 2007, executed by Barbara Donahue to William T. Watson, Trustee, to secure Community Trust Bank, Inc., which deed of trust is recorded in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Trust Deed Book 2137, at Page 547; amended by Amended Deed of Trust dated February 13, 2008, executed between Barbara Donahue and Community Trust Bank, Inc., recorded in the Office of the Clerk of the County Commission of Cabell County, West Virginia in Trust Deed Book 2207, at Page 276; further amended by an unrecorded First Amendment to Deed of Trust dated September 24, 2008 by and among Barbara Donahue, Community Trust Bank, Inc. as beneficiary, and William T. Watson as Trustee, recorded September 30, 2008 in the aforesaid Clerk’s Office in Bonds, Contracts and Leases Book 355, at Page 466; further amended and extended by Amendment and Extension of Deed of Trust dated May 4, 2018 by and among Barbara Donahue and Community Trust Bank, Inc., as beneficiary and William T. Watson as Trustee, recorded June 29, 2018 in the aforesaid Clerk’s Office in Trust Deed Book 2708, at Page 130; further amended and extending by Amendment and Extension of Deed of Trust dated October 1, 2019, of recorded in Bonds, Contracts and Leases Book 401, at Page 672. Christopher J. Plybon having been named as successor trustee by instrument of record in the aforesaid Clerk’s Office in Book 365, at Page 419. Default having been made in the payment of the obligations secured by such deed of trust, the undersigned, Christopher J. Plybon, Successor Trustee, having been required to do so by Community Trust Bank, Inc., the owner and holder of the obligations secured by such deed of trust, and having full and absolute power and authority in the premises, will on the 29th day of July, 2020, at 10:30 a.m. Eastern Time, offer for sale and sell at public auction, for cash to the highest bidder, at the main (north) front door of the Courthouse of Cabell County, at 750 Fifth Avenue, Huntington, West Virginia, the following described property: All that certain tract or parcel of land situate on the waters of Mill Creek, about one air-line mile northwesterly from the Town of Milton, in Grant District, Cabell County, West Virginia, and being more particularly bounded and described as follows: Beginning at a point in the northeast side of the Newmans Branch Road at the point where the dividing line between the properties of Elvin Hodges and of J. M. Roberts intersects the right of way line of the said Newmans Branch Road said point being 15 feet northeast of the center-line of the said Newmans Branch Road and being approximately one mile northwest of Milton, West Virginia; thence S. 70 00′ East, with the northeast right of way line of said Newmans Branch Road 205 feet, to a certain point in the northeast right of way line of said Newmans Branch Road and 15 feet northeast of the centerline of said Newmans Branch Road; thence N. 11 12′ W. 930 feet to a certain other point; thence N. 86 12′ W. 169 feet to a certain other point in the said dividing line between the properties of Elvin Hodges and of J. M. Roberts; thence S. 10 24′ E., with the said dividing line between the properties of Elvin Hodges and of J. M. Roberts, 868 feet to the point of BEGINNING, and containing 3.5 acres, more or less, as shown by a survey and map of W. T. Tibbets, Registered Professional Engineer, made on the 10th day of January, 1942, and a copy of which is of record in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Deed Book 324, at Page 473. Being the same property conveyed to Barbara Donahue by deed dated December 12, 2003 from Rosemary Rice, said deed having been recorded in the aforesaid Clerk’s Office in Deed Book 1117, at Page 257. Excepting, however, therefrom: (1) Lot 110, King’s Gate Subdivision (0.11 acre) conveyed by Barbara Donahue to Brandon Jividen by Deed dated August 8, 2007, of record in the aforesaid Clerk’s office in Deed Book 1175, at Page 307, which was previously released by Partial Release dated August 9, 2007, of record in the aforesaid Clerk’s office in Release Book 555, at Page 576 as corrected by Corrective Partial Release dated February 3, 2011, of record in the aforesaid Clerk’s office in Release Book 586, at Page 606; (2) Lot 108, King’s Gate Subdivision (0.11 acre) conveyed by Barbara Donahue to Larry Q. and Patricia Sue Curry, by Deed dated November 6, 2007, of record in the aforesaid Clerk’s office in Deed Book 1179, at Page 533, which was previously released by Partial Release of record in the aforesaid Clerk’s office in Release Book 559, at Page 313; and (3) Lot 105, King’s Gate Subdivision (0.12 acre) conveyed by Barbara Donahue to Jeremy and Megan Beasley, be Deed dated May 6, 2009, of record in the aforesaid Clerk’s office in Deed Book 1201, at Page 139, which was previously released by Partial Release of record in the aforesaid Clerk’s office in Release Book 571, at Page 318 as corrected by Corrective Partial Release dated dated July 22, 2014, of record in the aforesaid Clerk’s office in Release Book 617, at Page 707; (4) Lot 125, King’s Gate Subdivision conveyed by Barbara Donahue to Hurricane Plaza, Inc. by Deed dated June 3, 2013, of record in the aforesaid Clerk’s office in Deed Book 1287, at Page 356, which was previously released by Partial Release recorded October 1, 2013 in the aforesaid Clerk’s office in Release Book 609, at Page 271; (5) Lot 114, King’s Gate Subdivision conveyed by Barbara Donahue to Randy M. Hysell by Deed dated July 25, 2014, of record in the aforesaid Clerk’s office in Deed Book 1310, at Page 4, which was previously released by Partial Release recorded July 18, 2014 in the aforesaid Clerk’s office in Release Book 615, at Page 418; (6) Lot 123, King’s Gate Subdivision conveyed by Barbara Donahue to Andrea Thomas by Deed dated September 8, 2014, of record in the aforesaid Clerk’s office in Deed Book 1311, at Page 673, which was previously released by Partial Release recorded September 12, 2014 in the aforesaid Clerk’s office in Release Book 616, at Page 415; (7) Lot 113, King’s Gate Subdivision conveyed by Barbara Donahue to Randy M. Hysell by Deed dated December 3, 2014, of record in the aforesaid Clerk’s office in Deed Book 1315, at Page 376, which was previously released by Partial Release recorded December 17, 2014 in the aforesaid Clerk’s office in Release Book 618, at Page 101; (8) Lot 107, King’s Gate Subdivision conveyed by Barbara Donahue to Kenneth Mathews and Sascha Matthews by Deed dated July 11, 2016, of record in the aforesaid Clerk’s office in Deed Book 1352, at Page 296, which was previously released by Partial Release recorded October 6, 2016 in the aforesaid Clerk’s office in Release Book 631, at Page 109. TERMS OF SALE: 1. Cash in hand paid on the day of sale. 2. The sale is made “where is, as is” with no warranty whatsoever, including, without limitation, warranty of title or of condition of the property or improvements. 3. The Successor Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate the property, and any personal property and r belongings remaining at the property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY. 4. Subject to any and all assessments and taxes against said property, and all matters of record in the aforesaid Clerk’s Office senior in priority to the deed of trust under which this sale is being made, including without limitation all prior liens and encumbrances of any nature whatsoever, including, without limitation, all liens for ad valorem taxes assessed against the property. 5. The purchaser shall be responsible for the payment of the transfer taxes imposed by Article 22 of Chapter 11 of the West Virginia Code. 6. If the sale is set aside, the purchaser at such sale may be entitled to only a return of the amount paid less any applicable fees and costs and shall have no further recourse against the Successor Trustee, the Beneficiary, or any other person or entity. 7. The Successor Trustee reserves the right to adjourn the sale, for a time, or from time to time, without further notice by announcement at the time and place of sale described above or any adjournment thereof. Given under my hand this 30th day of June, 2020. Christopher J. Plybon, Successor Trustee (1-304-529-6181) LH-94733 7-2,9;2020