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 January 16, 2019, executed by Betty Ayers to Hugh M. Queener, Trustee, which deed of trust is of record in the Office of the Clerk of Cabell County, West Virginia, in Trust Deed Book 2727at Page 671, and re-recorded in Trust Deed Book 2731 at Page 110, 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 February 15, 2022, at 10:00 a.m. to the highest bidder at the front door of the Courthouse of said County of Cabell, in Huntington, West Virginia, which real estate is more completely described as follows: All that certain lot, piece or parcel of land, situate in the Town of Milton, Cabell County, West Virginia on the waters of Johns Creek, a tributary of the Mud River, and Is located on U.S. Route 60, and Is 0.05 miles west of its Intersection with West Virginia State Local Service Route 13, commonly known as Johns Creek Road, and being more particularly described as follows: BEGINNING at a rebar (set) which bears South 84 degrees 53 minutes 01 seconds West, a distance of 192.29 feet from a rebar (found) at the northwest corner of a tract of land now or formerly owned by Wendy’s International Inc. (deed book 1079, page 395), Thence North 68 degrees 12 minutes 10 seconds West, a distance of 177.43 feet to a rebar (set); Thence North 33 degrees 21 minutes 07 seconds West, a distance of 50.40 feet to a rebar (set); Thence North 22 degrees 32 minutes 34 seconds East, a distance of 157.35 feet to a rebar (set); Thence South 69 degrees 56 minutes 18 seconds East, a distance of 123.22 feet to a rebar (set); Thence South 40 degrees 45 minutes 18 seconds East, a distance of 90.13 feet to a rebar (set); Thence South 16 degrees 33 minutes 26 seconds West, a distance of 145.95 feet, to the BEGINNING. Containing 37,313.496 square feet or 0.857 acres of land, more or less, TOGETHER WITH; a perpetual, nonexclusive easement and right of way (I) for pedestrian and vehicular ingress and egress to and from U.S. Route 60 and the above described properly and (II) for the construction, operation, maintenance, repair and replacement of lines for any and all utilities to serve the above-described property and all improvements now or hereafter made to said property, which easement and right of way shall be at least 22 feet in width. TOGETHER ALSO, WITH a perpetual, non-exclusive signage easement at a location abutting U.S. Route 60 prior to completion of construction of medical facility recorded In Deed Book 1086, at Page 755. 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, rights of way and easements of any nature whatsoever. 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 6th day of January, 2022. J. Patrick Jones, Substitute Trustee 304-529-8560 LH-122618 1-7,14;2022