Source: October 16, 2020 0 Comments Read More →

Legal Notices

NOTICE OF TRUSTEE’S SALE Notice is hereby given by the undersigned Successor Trustee, in accordance with the provisions of that certain Deed of Trust, dated June 12, 2001, made by Lona L. Blankenship, as Grantor, and C. David Robertson and Robert S. Tissue, as Trustees, of record in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Trust Deed Book 1684, at page 638 (the “Deed of Trust”), to secure indebtedness described therein payable to Capital State Bank, predecessor by merger to Summit Community Bank, Inc., a West Virginia banking corporation, in the original principal amount of $62,845.42 (together with all renewals, extensions, refinancings, consolidations, substitutions, and other modifications, the “Note”), which Deed of Trust covers certain real estate situate in Cabell County, West Virginia, more particularly described herein; and Pursuant to authority granted in the Deed of Trust, Summit Community Bank, Inc., a West Virginia Banking Corporation, the owner and holder of the Note secured by the Deed of Trust, appointed Zachary J. Rosencrance, a resident of Kanawha County, West Virginia, to serve as Successor Trustee, by that certain Appointment of Successor Trustee, dated July 29, 2020, of record in the aforesaid Clerk’s office in Substitution of Trustee Book 405, at page 55. Summit Community Bank, Inc., the owner and holder of the Note secured by the Deed of Trust, has notified the Successor Trustee that Lona L. Blankenship is in default under the terms of the Note, and that Lona L. Blankenship is in default under the terms of the Deed of Trust, and has requested, in writing, that the Successor Trustee sell the real property described in the Deed of Trust at public auction, in accordance with the terms of the Deeds of Trust and applicable law. TAKE NOTICE that the undersigned Successor Trustee will offer for sale at public auction on the 10th day of November, 2020, at 11:00 a.m., prevailing Eastern time, at the Cabell County Courthouse, 750 5th Avenue, Huntington, West Virginia, all those certain lots, tracts, or parcels of land together with the buildings and improvements thereon, easements, rights of way, and the appurtenances thereunto belonging, situate on the waters of Indian Fork Creek in Grant District, Cabell County, West Virginia, more particularly designated and described as follows (hereinafter, the “Real Property”): BEGINNING at a point in the south line of the James River and Kanawha Turnpike at the northeast corner of a tract owned by Emogene Dolin and running southeasterly with the line of the Dolin land 110 feet more or less to an east and west fence; thence easterly with the fence to a stake (marker to be set in the ground) opposite a telephone pole which is the first telephone pole east of the large rocks facing the road in the ravine heretofore used for a dumping ground; thence a straight course north to the James River and Kanawha Turnpike west to the place of BEGINNING, containing one acre more or less, but excepting and reserving, however, from the operation of this deed all the oil, gas, or minerals in, on and underlying the real estate hereby conveyed, as set forth in prior deeds. Being the same property conveyed to Billy Joe Blankenship and Lona S. Blankenship, his wife, as joint tenants with the right of survivorship, from Dickie Ray Blankenship, single, et al, by Deed dated March 28, 1988, of record in Deed Book 896, page 68. Billy Joe Blankenship died June 3, 2002, and pursuant to the survivorship clause contained in the Deed, the property vested in Lona S. Blankenship. Lona S. Blankenship died November 6, 2019; however, her estate has not been probated. Tax Parcel Identification Numbers: 03-21-0090- 0000. Upon information and belief, the Real Property is locally known as Rt. 1 Box 205 Culloden, West Virginia 25510. TERMS OF SALE The Real Property will be sold for cash in hand on the date of sale, or under any different, other, or additional sale terms as the Successor Trustee, in his or her reasonable discretion, determines to be appropriate or advisable. The sale shall be further subject to the following: 1. Real estate taxes delinquent, due or payable or to become due and payable, all of which shall be the responsibility of the purchaser; 2. Any statutory lien or liens that may affect the subject property; 3. All covenants, conditions, restrictions, reservations, easements and rights- of-way appearing of record in the chain of title to the property, or which may be visible from a physical inspection of the subject property; 4. All liens and encumbrances of any nature whatsoever, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges, having priority over the deeds of trust referred to herein. 5. The purchaser at the sale shall be responsible for paying the costs of recording the Successor Trustee’s Deed and the tax imposed by the State of West Virginia on the privilege of transferring real property (the cost of the tax stamps to be affixed to the Deed). 6. All of the property to be sold will be sold “AS IS, WHERE IS” in the present condition and with all faults and defects, if any, and without any warranty or representation, express of implied. The Successor Trustee shall be under no duty to cause any existing tenant or person occupying the Real Property to vacate said property. The Successor Trustee will deliver a trustee’s deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code 38-1-6. The Successor Trustee makes no representations and warranties about the title to the real estate to be conveyed. If the Successor Trustee is unable to convey insurable or marketable title to the purchaser for any reason, purchaser’s sole remedy is return of deposit. 7. In the event that there are federal tax liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer. 8. The undersigned Successor Trustee expressly reserves the right to reject any and all bids, and the right to adjourn the sale from time to time without notice other than oral proclamation at the time and place appointed for the sale. Such adjournment may be for a period of time deemed expedient by the beneficial owner, and shall not be construed to be a waiver of the right to make the sale contemplated by this Notice. 9. The beneficiary of the Deeds of Trust and holder of the Note thereby secured reserves the right to submit a bid for the Real Property at the sale, which bid may be in the form of a credit bid. 10. The successful bidder will be required to execute a memorandum of sale upon the acceptance of the successful bid by the Successor Trustee. 11. The sale is subject to post-sale confirmation that none of the grantors filed for bankruptcy protection before the conclusion of bidding, in which case the sale will be null and void and the purchaser’s sole remedy, at law or in equity, will be return of deposit without interest. Additional terms of sale may be announced prior to the sale. Any inquiries regarding this sale may be directed to Zachary J. Rosencrance, Successor Trustee, 600 Quarrier Street, Charleston, West Virginia 25301, telephone (304) 347-1100. DATED: October 13, 2020. Zachary J. Rosencrance, Successor Trustee LH-99766 10-16,23;2020