Legal Notices

NOTICE OF TRUSTEE’S SALE Pursuant to the authority vested in the undersigned J. Patrick Jones, Substitute Trustee by Notice of Substitution of Trustee which notice is of record in the Office of the Clerk of the County of Commission of Cabell West Virginia, and by Deed of Trust dated February 28, 2013, executed by James R. Graybeal to James B. Hayhurst, Trustee, which deed of trust is of record in the Office of the Clerk of Cabell County, West Virginia, in Trust Deed Book 2477 at Page 83, the undersigned Substitute Trustee has been requested, in writing, by the beneficiary of said deed of trust to sell the real estate described below, as there has been a default under the terms and conditions of said deed of trust. Therefore, the undersigned Substitute Trustee will sell the real estate described in the Deed of Trust, at a public auction on July 13, 2021 at 10:00 a.m. to the highest bidder at the east front door of the Courthouse of said County of Cabell, in Huntington, West Virginia, which real estate is more completely described as follows: PARCEL I: All that certain tract or parcel of land situate in Guyandotte District, on the Grapevine Branch of Four Pole Creek, in Cabell County, West Virginia, described as follows: BEGINNING at an iron pin in the south right of way line of Alternate Route 10 said pin being the northeast corner of Gary Coopers property (Deed Book 909 Page 552), and a corner to Ellet Adkins (Deed Book 664 Page 479); thence leaving the south right of way line of Alternate Route 10 and with the Cooper and Adkins line South 27 38′ 26″ East a distance of 81.52 feet to a 16 inch diameter sugar maple; thence South 39 37′ 33″ East a distance of 308.98 feet to an iron pin at the base of a fence corner post; thence South 51 30′ 59″ West a distance of 107.93 feet to an 8 inch diameter apple tree; thence South 22 03′ 23″ West a distance of 8.05 feet to an iron pin, from which said pin a 20 inch diameter hickory tree bears South 22 03′ 23″ West a distance of 62.06 feet; thence leaving the line of Adkins and with a severance line of Cooper-Blankenship North 44 41 52″ West a distance of 228.47 feet to an iron pin; thence North 27 38′ 26″ West a distance of 200.00 feet to an iron pin in the South right of way line of Alternate Route 10; thence with the South right of way line of Alternate Route 10 North 66 54′ 22″ East a distance of 115.36 feet to the place of BEGINNING and containing 1.14 acres as surveyed by Russell D. Walters L.L.S. 723 in the month of May in the year of 1990, and shown on plat attached to deed recorded in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Deed Book No. 924, Pg. 757; EXCEPTING, HOWEVER, all that certain lot, piece, or parcel of land situate in Guyandotte District, Cabell County, West Virginia, and is located on West Virginia Route 10, and being more particularly described as follows: BEGINNING at the northwest corner of Gary and Brenda K. Waggoner (Deed book 1068 page 228), in the southerly right of way line of said West Virginia Route 10; thence leaving said West Virginia Route 10, and with said Waggoner, South 27 38′ 26″ East, passing a rebar found with plastic cap labeled “D. Porter H&T PLS 357″ at 0.71 feet, a total distance of 81.52 feet to a 16 inch Sugar Maple; thence South 39 37′ 33” East, a distance of 95.90 feet to a 5/8 inch by 32 inch rebar with plastic cap labeled “D. Porter H&T PLS 357″ (set), said rebar being North 39 37′ 33” West, a distance of 213.08 feet from a rebar found with plastic cap labeled “WVA LS 723″; thence leaving said Waggoner, and severing the lands of James R. Graybeal (Deed book 924 page 757), South 50 22′ 27” West, a distance of 69.96 feet to a 5/8 inch by 32 inch rebar with plastic cap labeled “D. Porter H&T PLS 357″ (set); thence North 27 46′ 46” West, a distance of 193.75 feet to a 5/8 inch by 32 inch rebar with plastic cap labeled “D. Porter H&T PLS 357″ (set) in said southerly right of way line of West Virginia Route 10; thence leaving said severance line, and with said southerly right of way line of West Virginia Route 10, North 66 54′ 23″ East, a distance of 49.15 feet to the BEGINNING, containing 10,077.630 square feet or 0.231 acre, more or less, as shown on the plat of survey prepared by Danny A. Porter Professional Land Surveyor, WV Registration Number 357; TOGETHER WITH an ingress and egress easement, said easement lies between the western boundary of the property described herein, and the existing Huntington Garage Door metal building, and extends from WVA Route 10 to the face of the existing block retaining wall located near the southern end of the property described herein; SUBJECT, HOWEVER, to an ingress and egress easement located between the western boundary of the property described herein and the Custom Wildlife Creations metal building, and extends from West Virginia Route 10 to the face of the existing block retaining wall located near the southern end of the property described herein; SUBJECT, FURTHER, HOWEVER, to an additional easement located on the existing concrete pad, for maneuvering vehicles as shown on said plat; PARCEL II: All that certain lot, piece, or parcel of land situate in Guyandotte District, Cabell County, West Virginia, and is located on West Virginia Route 10, and being more particularly described as follows: BEGINNING at the northwest corner of Gary and Brenda K. Waggoner (deed book 1068 page 228), in the southerly right of way line of said West Virginia Route 10; thence leaving said West Virginia Route 10, and with said Waggoner, South 27 38′ 26” East, passing a rebar found with plastic cap labeled “D. Porter H&T PLS 357″ at 0.71 feet, a total distance of 81.52 feet to a 16 inch Sugar Maple; thence South 39 37′ 33” East, a distance of 95.90 feet to a 5/8 inch by 32 inch rebar with plastic cap labeled “D. Porter H&T PLS 357″ (set), said rebar being North 39 37’33” West, a distance of 213.08 feet from a rebar found with plastic cap labeled “WVA LS 723″; thence leaving said Waggoner, and severing the lands of James R. Graybeal (deed book 924 page 757), South 50 22′ 27” West, a distance of 69.96 feet to a 5/8 inch by 32 inch rebar with plastic cap labeled “D. Porter H&T PLS 357″ (set); thence North 27 46′ 46” West, a distance of 193.75 feet to a 5/8 inch by 32 inch rebar with plastic cap labeled “D. Porter H&T PLS 357″ (set) in said southerly right of way line of West Virginia Route 10; thence leaving said severance line, and with said southerly right of way line of West Virginia Route 10, North 66 54′ 23” East, a distance of 49.15 feet to the BEGINNING, containing 10,077.630 square feet or 0.231 acre, more or less, as shown on the plat of survey prepared by Danny A. Porter Professional Land Surveyor, WV Registration Number 357; TOGETHER WITH an ingress and egress easement, said easement lies between the western boundary of the property described herein, and the existing Huntington Garage Door metal building, and extends from WVA Route 10 to the face of the existing block retaining wall located near the southern end of the property described herein; SUBJECT, HOWEVER, to an ingress and egress easement located between the western boundary of the property described herein and the Custom Wildlife Creations metal building, and extends from West Virginia Route 10 to the face of the existing block retaining wall located near the southern end of the property described herein; SUBJECT, FURTHER, HOWEVER, to an additional easement located on the existing concrete pad, for maneuvering vehicles as shown on said plat; TERMS OF SALE 1. Cash in hand paid on the day of sale. 2. The sale of the property will be made subject to all matters having priority over the deed of trust referred to herein including but not limited to any and all assessments and taxes against said property, all prior liens, encumbrances, lease, restrictions, covenants, conditions, right of ways and easements of any nature whatsoever. Subject to the redemption rights of the Internal Revenue Service as set forth in 26 U.S.C 7425. 3. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code 11-22-2. 4. The subject property will be sold in “AS IS” condition. The Substitute Trustee makes no representations and warranties of any kind or character including, but not limited to, the condition of the real estate or the title to the real estate to be conveyed. 5. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. 6. The Substitute 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 the sale described above. 7. The beneficiary of the Deed of Trust and holder of the note thereby secured reserves the right to submit a bid for the property at the sale, which bid may be in the form of a credit bid. 8. Such other terms as may be announced at the time of Sale. Given under my hand this 17th day of June, 2021. J. Patrick Jones, Substitute Trustee 304-529-8560 LH-112308 6-19,26;2021