Legal Notices

NOTICE OF SUCCESSOR TRUSTEE’S SALE Notice is hereby given, by virtue of the authority vested in the undersigned Successor Trustees, Eric M. Johnson and R. Douglas Calderwood, by that certain Deed of Trust made by Peter J. Bohn and Jo Marie Bohn, dated September 29, 2018 and recorded October 12, 2018 in the office of the Clerk of the County Commission of Kanawha County, West Virginia in Trust Deed Book 4330 at page 650, the said Successor Trustees acting by virtue of that certain Appointment of Successor Trustee dated February 10, 2022 and recorded February 17, 2022 in the aforesaid Clerk’s office in Trust Deed Book 4569, at page 346, and default having been made in the payment of the Note secured by the aforesaid Deed of Trust, and having been requested in writing by the owner and holder of the Note, will offer for sale, at public auction, to the highest bidder at the front door of the Courthouse of Kanawha County, West Virginia, on March 29, 2022 at 10:00 a.m., all that certain lot, piece or parcel of real property, together with improvements thereon, situate in Charleston, Charleston South Annex District, Kanawha County, West Virginia, being more particularly bounded and described as follows: Tract 1: All that certain lot or parcel of land, together with all the improvements thereon and the appurtenances thereunto belonging, situate in Loudon District, Kanawha County, West Virginia, being all of Lot Thirteen (13) as shown on that certain map entitled “Revised Map Showing Four Oaks Subdivision, owned by Ella Buchanan, Oakwood Road, Loudon District, Kanawha County, West Virginia”, made by Gardiner S. Plumley, Registered Professional Engineer, dated November, 1947, and revised through June 27, 1950, which map is of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia. And being the same real estate conveyed unto Peter J. Bohn and Jo-Marie C. Bohn, by Robert W. Rectenwald, II, Marie Rectenwald Burnette, John A. Rectenwald, Frances Rectenwald Johnson, Charles Rectenwald, David Rectenwald, and Rita Rectenwald, heirs of the Estate of Jeanne E. Rectenwald, by Deed dated September 26, 2002, of record in the Office of the Clerk of the County Commission of Kanawha County in Deed Book 2560, Page 957. The said Robert William Rectenwald died in Kanawha County, West Virginia on March 9, 1996, and by virtue of the survivorship provision in the ownership deed, the said Jeanne E. Rectenwald was vested with fee ownership. The said Jeanne E. Rectenwald died in Kanawha County, West Virginia on December 3, 1999, and by virtue of her Last Will and Testament of record in the aforesaid Clerk’s Office in Will Book 656, at page 261, she devised her interest in the subject property to her children; Robert W. Rectenwald, II, Marie Rectenwald Burnette, John A. Rectenwald, Frances Rectenwald Johnson, Charles Rectenwald, David Rectenwald, and Rita Rectenwald, as well as Jeanne Rectenwald. This conveyance is made subject to the outsale from Robert William Rectenwald and Jeanne E. Rectenwald to Sheila Lee Hudson, unmarried, by Deed dated September 3, 1986, and of record in the aforesaid Clerk’s Office in Deed hook 2134, at page 165 and being more fully described as follows, to-wit: All that certain parcel of land situate in the City of Charleston, South Annex Tax District, Kanawha County, West Virginia, together with all improvements thereon and all appurtenances thereunto appertaining, depicted as Parcel 13A on the Rectenwald map, and being more particularly described as follows: Beginning at an iron pin at the common corner of Lot No. 13 as shown on the Buchanan map and Lot “B” as shown on the Herr Map which common corner is adjacent to the public street known as “Viola Road”, then in a southeasterly direction with the line of said Lot No. 13 and Viola Road S. 34 degrees 04′ E. 5 feet to an iron pin, then leaving the line of said Lot No. 13 and Viola Road in a southwesterly direction through said Lot No. 13, S 49 degrees 40′ W 18.62 feet to the common line of said Lot No. 13 and said Lot “B”, thence with the common line between said Lot No. 13 and said Lot “B” in a northeasterly direction, N 35 degrees 10′ E 19.80 feet to the place of beginning, containing 46.28 square feet, more or less, and being a part of the same land conveyed to the parties of the second part by Ella Jane Buchanan, widow, by deed dated the 28th day of June, 1951 and of record in the aforesaid Clerk’s Office in Deed Book 964, at page 487. Tract 2: All that certain parcel of land situate in the City of Charleston, South Annex Tax District, Kanawha County, West Virginia, together with all improvements thereon and the appurtenances thereunto appertaining depicted as parcel “B1” upon a certain map or plat entitled “Property Map for Robert & Jeanne Rectenwald Being Parcel 131 Four Oaks Subdivision in the City of Charleston South Annex, Kanawha County, W. Va. Scale 1″ = 30′ April 10, 1986” prepared by Don K. Cunningham, Licensed Land Surveyor No. 701 (hereinafter sometimes called the “Rectenwald Map”) which is annexed hereto as a part hereof for a description of said Parcel B1, and for all other pertinent purposes, and being more particularly described as follows: Beginning at an iron pin a the common corner of Lot No 13 as shown on that certain map entitled “Revised Map Showing Four Oaks Subdivision, owned by Ella Buchanan, Oakwood Road, Loudon District, Kanawha County, West Virginia” made by Gardiner S. Plumley, Registered Professional Engineer, dated November, 1947, and revised through June 27, 1950 (hereinafter sometimes called the “Buchanan Map”) which map is of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia and Lot “B” as shown upon that certain map or plan entitled “Map Showing Subdivision of Land in the City of Charleston, W. Va. Owned by John S. and Kathryn A. Herr No. 166 Oakwood Road Scale: 1″ =30′ March 29, 1982 Revised: May 11, 1982 & April 15, 1983, ” (hereinafter sometimes called the “Herr Map”) duly of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia in Photostatic Map Book , at page , which common Corner is adjacent to a certain private roadway and easement having a minimum width of (12) feet extending from the southerly line of Oakwood Road near its intersection with Clark Road in a southerly direction to the aforesaid Lot No. 13 and appurtenant thereto which is sometimes known as, and is hereinafter sometimes called, “Cemetery Lane”, thence in a northwesterly direction with the line of said Lot 13 and Cemetery Lane, N 33 degrees 50′ W 20 feet to an iron pin, thence leaving the line of said Lot B and Cemetery Lane in a northeasterly direction through said Lot B, N 49 degrees 40′ E 74.57 feet to an iron pin in the common line of said Lot B and said Lot No. 13, thence with the common line between said Lot B and said Lot No. 13 in a southwesterly direction, S 35 degrees 10′ W 79.36 feet to the place of beginning, containing 740.89 square feet, more or less. southwesterly direction, S 35 degrees 10′ W 79.36 feet to the place of beginning, containing 740.89 square feet, more or less. There is excepted and reserved from the aforesaid conveyance the right and easement to use, repair, maintain and replace under and through part of said Lot “B” conveyed hereby the store and other water drainage lines and structures servicing and adequate to the properly serve the remainder of said Lot “B” which is retained by the party of the first part as an appurtenance to the said remainder of said Lot “B”. At the time of execution of the deed of trust, the grantor represented that the address of the property was 307 Viola Road, Charleston, WV 25314. TERMS OF SALE: The Premises will be sold “AS IS, WHERE IS,” in its present condition and with all faults and defects, if any. The property will be conveyed by deed with no covenants of warranty of title. The property shall be sold subject to all liens not discharged by the sale, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges and liens with priority to the Deed of Trust pursuant to which this sale is being conducted. The property shall be sold subject to all covenants, restrictions, easements, rights of way and reservations which may be a matter of record in the aforesaid Clerk’s office or visible upon the ground. The property will be sold for cash in hand on the date of sale to the highest bidder. The purchasers at the sale shall be responsible for paying the recording costs and also the tax on the privilege of transferring real property (the cost of the tax stamps to be affixed to the deed). The Successor Trustees and The Ohio Valley Bank Company shall not be responsible for the removal of any person or personal property from the Premises. Pursuant to the Deed of Trust, the Successor Trustees may postpone the sale by public announcement at the time and place designated and act by agent in the execution of the sale. The parties secured by the Deed of Trust reserve the right to purchase the Premises at such sale. Dated: February 22, 2022 Eric M. Johnson,Esq. R. Douglas Calderwood Successor Trustees 200 Capitol Street Charleston, WV 25301 (304) 347-4253 LC-125024 02-25/03-04;2022