Legal Notices

TRUSTEES’ SALE OF VALUABLE REAL ESTATE 3659 Cavill Creek Road, Barboursville, WV 25504 In a Deed of Trust dated June 22, 2018, and duly recorded in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Deed of Trust Book 2709, at Page 589, James Gill and Martha Ann Gill did convey unto Carl D Andrews, 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: January 5, 2022 At 12:00 PM The property for sale as described by the Deed of Trust is as follows: THE FOLLOWING DESCRIBED REAL PROPERTY, TO-WIT: A CERTAIN TRACT OF LAND SITUATE IN THE STATE OF WEST VIRGINIA, CABELL COUNTY, MCCOMAS DISTRICT, ON CAVILL CREEK, A TRIBUTARY OF THE GUYANDOTTE RIVER, AND MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER OF WEST VIRGINIA SECONDARY STATE ROUTE NO. 45, MARKING A CORNER COMMON TO THE LANDS NOW OR FORMERLY OWNED BY E. E. SPENCER, JR. , ET UX., AND THE LANDS OF CHARLES S. MCKENDREE, ET UX.; THENCE, LEAVING THE LANDS OF THE SAID SPENCER, JR., ET UX., AND WITH THE CENTER OF THE SAID ROAD, NORTH 18 DEGREES 21 MINUTES EAST 73.43 FEET; THENCE NORTH 12 DEGREES 27 MINUTES EAST 186.66 FEET; THENCE NORTH 05 DEGREES 30 MINUTES WEST 191.43 FEET; THENCE NORTH 12 DEGREES 08 MINUTES WEST 197.98 FEET; THENCE NORTH 24 DEGREES 49 MINUTES EAST 77.34 FEET; THENCE NORTH 86 DEGREES 40 MINUTES EAST 142.04 FEET; THENCE NORTH 69 DEGREES 03 MINUTES EAST 97.40 FEET; THENCE LEAVING THE CENTER OF THE SAID ROAD, AND SEVERING THE LANDS OF THE SAID MCKENDREE, ET UX., SOUTH 06 DEGREES 12 MINUTES WEST PASSING AN IRON PIPE (SET) AT 11.24 FEET, IN ALL 403.86 FEET TO AN IRON PIPE(SET); THENCE SOUTH 11 DEGREES 10 MINUTES WEST 283.56 FEET TO AN IRON PIPE (SET); THENCE SOUTH 20 DEGREES 50 MINUTES WEST 164.51 FEET TO AN IRON PIPE (SET) IN THE LINE OF THE LANDS OF THE SAID SPENCER, JR. , ET UX., THENCE WITH THE LANDS OF THE SAID SPENCER, JR., ET UX., NORTH 53 DEGREES 00 MINUTES WEST PASSING AT 36″ DOUBLE ELM (FOUND) AT 121.88 FEET, IN ALL 139.74 FEET TO THE BEGINNING, CONTAINING 3.15 ACRES, MORE OR LESS, AS SURVEYED BY RONALD L. EASTHAM & ASSOCIATES, INC., ON APRIL 7, 1976. LESS AND EXCEPT THAT CERTAIN LOT, TRACT, PIECE OR PARCEL OF LAND, CONTAINING 0.209 ACRES, MORE OR LESS, CONVEYED TO JACKIE LEE DAVIS AND SHARON M. DAVIS HUSBAND AND WIFE AS JOINT TENANTS WITH THE RIGHTS OF SURVIVORSHIP BY DEED FROM JAMES GILL AND MARTHA ANN GILL HUSBAND AND WIFE, DATED 12/7/2000 AND RECORDED 12/7/2000 IN/UNDER BOOK 1073 PAGE 109. APN: 11/0070 0001 0000 BEING THE SAME PROPERTY CONVEYED TO JAMES GILL AND MARTHA ANN GILL, HUSBAND AND WIFE, AS JOINT TENANTS AND NOT AS TENANTS IN COMMON BY DEED FROM JAMES GILL, HUSBAND OF MARTHA ANN GILL RECORDED 08/30/1993 IN DEED BOOK 965 PAGE 567, IN THE CLERK`S OFFICE OF THE COUNTY COMMISSION OF CABELL COUNTY, WEST VIRGINIA. 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 ($2,500.00), 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 $7,000.00 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-119110 10-29;11-5;2021