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 July 11, 2005, executed by Forrest R. Donahue and Barbara J. Donahue to J. Patrick Jones and J. Grant McGuire, Trustees, 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 2020, at Page 116, as amended by Amendment and Extension of Deed of Trust dated October 1, 2019, recorded November 5, 2019 in the aforesaid Clerk’s Office in Bonds, Contracts and Leases Book 401, at Page 661. Christopher J. Plybon having been named as successor trustee by instrument of record in the aforesaid Clerk’s Office in Book 364, at Page 620. 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 11:00 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 lot, tract, piece or parcel of ground, situate on the waters of the Mud River, Barboursville District, Cabell County, North East of the City of Barboursville, West Virginia, shown on Tax Map 9, p/o Parcel 158.2, on the South side of U.S. Rte. 60, F.I.R.M. 540016 0047-A, 100 yr. flood elev. 555′, more particularly described as follows: BEGINNING on I.P. at culvert under railroad, a S.W. corner, at East line of Parcel 226, thence N. 3 08′ W. 164′ subdividing Parcel 158.2, to I.P. a East line of access road r/w. Thence S. 87 50′ 02″ W. 143.27′ with South line of said access road r/w to I.P. Thence N. 4 23′ 56″ W. 145′ with West line of said access road r/w, crossing access road from U.S. Rte. 60, to I.P. Thence N. 89 27′ 01″ E. 30′ with said access road from U.S. Rte. 60, to I.P. a West line of Lone Star Tract. Thence S. 4 23′ 56″ E. 115′ crossing said access road from U.S. Rte. 60, with West line of Lone Start tract to I.P. in Lone Star Tract S.W. corner. Thence N. 87 50′ 02″ E. 309.27′ with South line of Lone Star Tract to I.P. in Lone Star S.E. corner. Thence N. 2 54′ 09″ E. 85′ with East line of Lone Star Tract to P.K. nail in center of common 30′ access r/w easement from U.S. Rte. 60. Thence N. 89 04′ 46″ E. 273′ with center of said common access r/w a South line of Safelite Lot 8, to I.P. in original East line. Thence S. 12 01′ 59″ E. 115.75′ with original east line to Eastman monument a rebar and cap, a S.E. corner, on North side of railroad r/w. Thence S. 70 03′ 47″ W. 517′ with North side of railroad r/w to the BEGINNING. Containing 2.00 acres, more or less, as surveyed by Dallas Lovejoy, P.S. 193, Milton, West Virginia, and shown on a map titled, Property Plat for R.E.X., Inc., Showing Lot 9 and p/o Lot 10 of the Holley Lands, dated 3-21-97 attached hereto and incorporated herein. Also, a common 30′ access r/w from U.S. Rte. 60 through Lone Star Tract, and Safelite Tract, Lot 8. 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/or 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. SUBJECT TO RIGHT OF REDEMPTION IN FAVOR OF THE UNITED STATES INTERNAL REVENUE SERVICE BY VIRTUE OF RECORDED JUNIOR LIENS. 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-94737 7-2,9;2020