Legal Notices

NOTICE OF TRUSTEE SALE Pursuant to the authority vested by Deed of Trust dated the 18th day of December, 2014, Progressive Properties and Investment, LLC, Grantor, to P. Andrew Vallandingham and Samuel Vallandingham, Trustees, which said Deed of Trust is of record in the Office of the Clerk of the County Commission of Wayne County, West Virginia, in Trust Deed Book 758 beginning at page 178, the undersigned, MVB Bank, by virtue of that certain Assignment of Loans, Security Instruments, and Other Lan Documents, which is of record in the Office of the Clerk of the County Commission of Wayne County, West Virginia, in Assignment Book 43 beginning at page 814, 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 Wayne County in Trust Deed Book 826 at page 25 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 October 13, 2020 at 11:20 a.m. at the front steps of the courthouse of Wayne County, West Virginia, the following real estate more particularly described as follows: All that certain tract or parcel of property on Bobs Branch at Spring Valley in Westmoreland District of Wayne County, West Virginia, being more particularly described as follows: BEGINNING at a rebar and cap (set) at the north right of way line of Bobs Branch Road (Sherwood Drive) and at the southeast corner of Sherwood Forest Section 1 (MB 4 PG3) thence leaving the road and running up the hill with calls calculated from the existing deed (DB 162 PG 345) and with the east line of Sherwood Forest, North 19-09-15 West 781.76 feet to a marked stone on a point at the east right of way line of Walnut Lane in Buena Vista Place Subdivision; thence leaving Sherwood Forest and running with the east right of way line of Walnut Lane, North 01-37-01 East 258.44 feet to a stake; North 00-29-56 East 786.00 feet to a two inch hickory; North 38-51-09 East 488.00 feet to a sixteen inch red oak and six inch ash; North 08-36-09 East 324.00 feet to a black oak; North 34-36-09 East 362.00 feet to a white oak stump, two black oaks and a hickory; North 11-51-09 East 207.00 feet to a dead white oak on the point of a ridge; North 57-36-09 East 528.00 feet to a locust; thence leaving Buena Vista Place and Walnut Lane and running around the hill, South 53-18-26 East 555.00 feet to a set stone (found) at the corner of David Pyles (WB 37 PG 804 – 143 Ac Parcel); thence running with a surveyed line near the division line of the 143 acre tract and the 101 acre tract and following a fence line; South 06-03-05 East 665.58 feet crossing a branch to a twenty six inch white oak (marked) on a hillside; South 68-13-47 East 214.93 feet to an eighteen inch hickory (marked) near the top of the hill; South 08-48-44 West 203.21 feet to a twelve inch hickory (marked); South 35-41-32 West 260.36 feet to a twenty four inch white oak (marked); South 43-33-24 West 408.26 feet to a thirty inch red oak (marked); thence leaving the ridge and running down the hill near the center of a point and with the old fence, South 10-34-34 West 81.15 feet to a thirty six inch red oak (marked); South 00-08-15 West 148.51 feet to an eighteen inch chestnut oak (marked); South 18-43-21 West 172.73 feet to a thirty inch chestnut oak (marked); South 02-15-07 East 147.19 feet to a thirty four inch red oak (marked); South 08-33-49 West 439.06 feet to a rebar and cap (set) at a fence corner; thence turning around the hill with the fence, South 59-46-17 West 37.79 feet to a twenty four inch beech (marked); thence turning down the hill and crossing Bobs Branch, South 19-52-30 East 106.75 feet to a rebar and cap (set) at the north right of way line of Bobs Branch Road (Sherwood Drive); thence running with said right of way line along the arc of a curve to the left having a radius of 391.70 feet and a chord which bears, South 68-28-43 West 78.57 feet to a point of tangent; South 62-43-22 West 104.03 feet to a point of curve; thence running along the arc of a curve to the right having a radius of 2539.01 feet and a chord which bears, South 64-44-49 West 179.37 feet to a point of tangent; South 66-46-17 West 563.11 feet to a point of curve; thence running along the arc of a curve to the right having a radius of 224.83 feet and a chord which bears, South 77-46-55 West 85.88 feet to the point of BEGINNING containing Eighty Two (82) acres more or less. EXCEPTING FURTHER, that certain 7.246 Acre tract conveyed to Teresa L. Arthur by deed dated June 29, 2005 and recorded in Deed Book 639, at page 758. EXCEPTING FURTHER, that certain 1.036 Acre tract known as Lot 1 of Brookstone Subdivision conveyed to William R. Beldon and Beverly S. Beldon by deed dated November 2, 2005 and recorded in Deed Book 642, at page 134. EXCEPTING FURTHER, that certain 0.427 Acre known as Lot 5 Brookstone Subdivision conveyed to Rena K. Beldon by deed dated January 18, 2006 and recorded in Deed Book 643, at page 482. EXCEPTING FURTHER, that certain 0.353 Acre known as Lot 6 Brookstone Subdivision conveyed to Gregory A. Lucas and Kimberly A. Lucas by deed dated February 27, 2006 and recorded in Deed Book 644 at page 25. EXCEPTING FURTHER, that certain 0.971 Acre known as Lot 24 Brookstone Subdivision conveyed to Annette Gail Akers by deed dated March 17, 2006 and recorded in Deed Book 644, at page 468. EXCEPTING FURTHER, that certain 0.467 Acre known as Lot 4 Brookstone Subdivision conveyed to Andrew F. Schultz and Robin L. Henderson by deed dated June 21, 2006 and recorded in Deed Book 645, at page 892. EXCEPTING FURTHER, that certain 0.408 Acre known as Lot 2 Brookstone Subdivision conveyed to Michael A. Martin, Sr. and Elizabeth A. Martin by deed dated September 22, 2006, and recorded in Deed Book 647, at page 469. EXCEPTING FURTHER, that certain 0.208 Acre known as Lot 3B conveyed to Andrew F. Schultz and Robin L. Henderson by deed dated November 14, 2006 and recorded in Deed Book 648, at page 655. EXCEPTING FURTHER, that certain 0.207 Acre known as Lot 3A conveyed to Elizabeth Martin and Michael Martin by deed dated November 14, 2006 and recorded in Deed Book 648, at page 660. EXCEPTING FURTHER, that certain 0.734 Acre known as Lot A adjoining Lot 1 Brookstone Subdivision conveyed to Steven Tomblin and Brandy Tomblin by deed dated January 26, 2007 and recorded in Deed Book 650, at page 626. EXCEPTING FURTHER, that certain 0.321 Acre known as Lot 7 Brookstone Subdivision conveyed to Rena Beldon by deed dated May 24, 2007 and recorded in Deed Book 652, at page 658. EXCEPTING FURTHER, that certain 0.229 Acre known as Lot 21 Brookstone Subdivision conveyed to Donna G. Ferro by deed dated August 21, 2007 and recorded in Deed Book 654, at page 129. EXCEPTING FURTHER, that certain 0.503 Acre known as Lot 23 Brookstone Subdivision conveyed to Kenneth M. Smith and Carrie L. Smith by deed dated October 3, 2007 and recorded in Deed Book 654, at page 951. EXCEPTING FURTHER, that certain 2.966 Acres conveyed to Terry A. Adkins and Melanie S. Adkins by deed dated September 24, 2007 and recorded in Deed Book 655, at page 25. EXCEPTING FURTHER, that certain 0.351 Acre known as Lot 22 Brookstone Subdivision conveyed to Dwight L. McMillon and Sharon E. McMillon by deed dated February 18, 2010 and recorded in Deed Book 668, at page 369. EXCEPTING FURTHER, that certain 0.435 and 0.375 Acre known as Lot 17 and Lot 18 Brookstone Subdivision conveyed to Steven K. Tomblin and Brandy D. Tomblin by deed dated May 1, 2012 and recorded in Deed Book 683, at page 728. 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. A ny sale may be conducted or adjourned by the designated agents or attorney of the Trustee. The undersigned is fully vested with the authority to sell said property as substituted Trustee. Given under my hand this 18th day of September, 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-98743 9-23,30;2020