Legal Notices

TRUSTEES’ SALE OF VALUABLE REAL ESTATE 5612 Taylor Road, Huntington, WV 25705 In a Deed of Trust dated September 11, 2008, and duly recorded in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Deed of Trust Book 2244, at page 747 James E. Marshall and June C. Marshall did convey unto Paul J. Prunty, Trustee, certain real property. The beneficial holder of that Deed of Trust has elected to appoint Terra Abstract Trustee West Virginia, Inc. as substitute trustees by a Substitution of Trustee recorded in the aforesaid Clerk’s Office. Default having occurred under the Deed of Trust and the beneficial holder having instructed the undersigned Trustees to foreclose, this real property will be sold at public auction at the front door of the Cabell County Courthouse, 750 5th Avenue, Huntington, West Virginia 25701 on: October 29, 2020 At 12:00 PM The property for sale as described by the Deed of Trust is as follows: Exhibit A to the Deed of Trust made on September 11, 2008, by James E. Marshall and June C. Marshall, husband and wife (“Borrower”) to Paul J. Prunty (“Trustee”) for the benefit of Metrocities Mortgage LLC dba Fidelity and Trust Mortgage (“Lender”) The Property is located in the county of Cabell, state of WV, described as follows: Description of Property Legal Description attached hereto as “Exhibit A” and by this reference made a part hereof. All that certain lot, piece or parcel of land situate, lying and being in Barboursville District, Cabell County, West Virginia. and south of U.S. Route No. 60, and being more particularly described as follows: BEGINNING at a point in the west line of Taylor road at the southeast corner of an 0.56 acre tract conveyed by Paul Taylor to Orland C. Sydnor for and Virginia S. Sydnor for, his wife. by deed of record in the office of the Clerk of the County Commission of Cabell County, West Virginia, in Deed Book No. 406, at Page 92, which point is distant in a course. crossing said Taylor Road, S. 86 31` W., 30 feet from a point in the east line of said Taylor Road, which latter point in turn is distant in a course S. 3 29` E., 100 feet along the east line of said Taylor Road from another point, which latter point in turn is distant in a course S. 10 09` E., 158.07 feet from another point, which latter point in turn is distant in a southerly direction on a curve to the left with a radius of 80 feet, 46.26 feet front a point of curve, which point of curve in turn is distant in a course S. 22 59` W., passing an iron pin at 196.5 feet, in all 224.2 feet from an iron pin. which latter iron pin is distant in a southwesterly direction on a curve to the right with a radius of 404.5 feet, 211.68 feet from a point of` curve, which point of curve is distant in a course S. 7 00` E., 20 feet from the point of intersection of the said cast line of Taylor Road with the south right of way line of U. S. Route Mo. 60, which latter point in turn is distant in a course along said line of U. S. route no. 60, which latter point in turn is distant in a course along said line of U. S. Route No. 60, S. 83 00` W., 35 feet from the northeast corner of the property of Paul Taylor, being the corner between said Taylor and Joseph E. Stiles; thence from said beginning point and with the west line of said Taylor Road S. 21 49` W., 77.43 feet to an iron pin; thence leaving said road line S. 86 34` W., 108.92 feet to an iron pin. thence N. 3 03` E., 70.46 feet to an iron pin at the southwest corner of the said 0.56 acre tract; thence with the south line of said tract. N. 86 31` E., 134 feet to the point of beginning, and containing 0.2 acres, more or less. The purchaser will take the property subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real property. The purchaser will be responsible for paying any transfer stamp, excise taxes, and recording costs associated with recording the Trustee’s Deed into their name. The purchaser will be responsible for paying any unpaid property taxes owed to the Sheriff of Cabell County prior to or following the sale directly to the Sheriff. The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance having priority over the deed of trust referred to herein. The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance that is junior (“junior claims”) to this Deed of Trust and to which sufficient notice was not given. In that case, unless such right to notice is waived, the chain of title shall not merge with this Deed of Trust as to those unnoticed deeds of trust, judgments, liens, and other encumbrances and will be subject to a further noticed and published sale under this Deed of Trust pursuant to W.Va. Code 38-1-4, in which bidding shall resume at the last highest bid given. In the event of a surplus of such sale, the mortgagors and noticed junior lienholders are hereby on notice that if such surplus is less than Two Thousand Five Hundred Dollars ($2500.00), then the Substitute Trustee will disburse those proceeds to the most senior interest holder as it sees fit, unless an objection is made in writing. The Trustees do not guarantee or represent that the boundaries described above are accurate, are not encroached upon, or that any particular structure located on the property is contained within the described boundaries. The property is therefore sold subject to an accurate survey at purchaser’s expense. The Trustees reserve the right to adjourn the sale, for a time, or from time to time, by announcement at the time and place of sale described above or any adjournment thereof. Such adjournment will be noticed by posting a notice at the front door of the county courthouse or where such notices are traditionally posted at the county courthouse. Such notice will include the date and time when such sale will reconvene. The Trustees reserve the right to reject any and all bids for any reason. The Trustees make no representations as to the condition of the property. The property will be sold in “AS IS” condition. The Trustees make no representations as to whether the property is occupied. The purchaser is responsible for gaining access and possession of the property. Trustees shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. The purchaser may assign its rights prior to the delivery of the trustee’s deed by a signed request in writing to the trustee; the assignee of the purchaser shall be bound by all terms and conditions applicable to the purchaser. The Trustees will deliver a trustees’ deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code 38-1-6. The Trustees make no representations and warranties about the title of the real estate to be conveyed. If the Trustees are unable to convey insurable or marketable title to purchaser for any reason, purchaser’s sole remedy is return of deposit. TERMS OF SALE: Purchaser must bring $12000 cash in hand at the time of sale as a deposit in the form of a certified check or cashier’s check made payable to “Stern & Eisenberg Mid-Atlantic, PC, counsel for Terra Abstract.” Those appearing without their deposit will not be allowed to bid. The balance of the successful purchaser’s bid must be proffered in cash within 30 days of the date of the sale. Purchaser shall pay for transfer stamps and recording fees. Additional terms of sale may be announced prior to the sale. Terra Abstract Trustee West Virginia, Inc. 9920 Franklin Square Drive, Suite 100 Baltimore, MD 21236 (410) 635-5127, (443) 815-3931 www.sterneisenberg. com LH-98200 9-11,18;2020