TRUSTEE'S SALE OF VALUABLE REAL ESTATE The undersigned Substitute Trustee, by virtue of the authority vested in it by that certain Deed of Trust dated December 9, 2011, and duly recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed of Trust Book 3843, at Page 78, Mary A. Edds and Donald K. Edds did convey unto Carl H. Cather, III, Esq., Trustee, certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Pill & Pill, PLLC as Substitute Trustee by a Substitution of Trustee recorded in the aforesaid Clerk's Office; and default having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by the secured party to foreclose thereunder, will offer for sale at public auction at the front door of the Kanawha County Courthouse, in Charleston, West Virginia, on November 5, 2025, at 6:04 PM The following described real estate, with its improvements, easements and appurtenances thereunto belonging, situate in the Cabin Creek District, Kanawha County, West Virginia, and more particularly described as follows: The surface only of that certain tract or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, located in Cabin Creek District, Kanawha County, West Virginia, on the waters of the Great Kanawha River and being Lot No. 30 of the Olivia Waterfront Properties located in Shrewsbury, West Virginia, and more particularly bounded and described as follows: BEGINNING at a roof bolt (set) at the northeast corner of subject lot and the northwest corner of Lot No. 29, said roof bolt being in the southeast right of way line of Michael Avenue, a 30 foot wide right of way; thence leaving Michael Avenue and running with Lot No. 29 S. 38 54' 52" E. a distance of 137.00 feet, more or less, to the normal edge of the Great Kanawha River, passing a 5/8 inch roof bolt (set) on the line at 108.59 feet; thence leaving the boundary of Lot No. 29 and running with the Great Kanawha River S. 57 23' 39" W. a distance of 81.00 feet to the boundary of Lot No. 31; thence leaving the Great Kanawha River and running with Lot No. 31 N. 38 54' 52" W. a distance of 138.00 feet, more or less to a roof bolt (set) at the northeast corner of Lot No. 31 and in the southeast right of way line of Michael Avenue passing a 5/8 roof bolt (set) on line of 32.47 feet; thence leaving the boundary of Lot No. 31 and running with Michael Avenue N. 56 40' 40" E. a distance of 80.00 feet to the point of beginning and containing 10, 898.11 square feet or 0.25 acres, more or less. Subject to the following restrictive covenants: 1. No lot shall be subdivided, no boundary lines shall be changed except with the written consent of the developers. 2. All lots shall be used for residential purposes. No residential buildings shall be erected, altered, place or permitted to remain on any lot other than one single family dwelling not to exceed 2-1/2 stories in height and must have at least one car garage or not more than three car garage. A detached garage will be permitted as long as it is constructed from the same exterior materials as used on the dwelling. Detached storage buildings shall be limited to one (1) and it shall be constructed from the same exterior materials as used on the dwelling. 3. No residential building shall be erected, placed or altered on any lot until the construction plans, specifications and a plot plan showing the location on the structure have been approved by the developer. 4. No dwelling shall be permitted on any lot with usable, heated living space of less than 1500 square feet. No mobile homes, modular homes or other sectional homes shall be permitted. Houses shall be erected using brick, stone, cedar, redwood, painted wood siding, vinyl siding of similar material. NO cinder block shall be exposed. 5. (a) All buildings and improvements, including attached garage and porches, shall be situated, as near as feasible, on each lot so as to have equal side yards, but in no event shall any building, garage or porch be located nearer than five (5) feet to an interior (side) lot line, nor nearer than fifteen (15) feet to a front lot line. (b) For the purpose of covenants, eaves and steps shall not be considered as part of the building; provided that this shall not be construed to permit that any portion of a building to encroach upon another lot. 6. No fence shall be place or permitted to remain nearer to any street than the real wall of the dwelling. 7. No noxious or offensive activity shall be carried on or upon any lot nor shall anything be done thereon which may be an annoyance or nuisance to the neighborhood. 8. No structure of a temporary character, trailer, boat, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as temporary or permanent residence or other appurtenant structure. 9. No animals, livestock or poultry of any kind shall be raised, bored or kept on any lot except that dogs, cats or other household pets may be kept provided that they are restricted to the area of the owner's residence property or kept on a leash so as not to become a nuisance or annoyance to other lot owners. 10. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. Incinerators are prohibited. Equipment used for storage or disposal of said materials shall be kept in clean and sanitary conditions. Trash shall be placed at street side for collection no sooner than the night before the day of scheduled trash pick up and must always be in containers. All lots must be maintained by property owners. 11. The premises of all lots are to be free of clutter, garbage or trash of any type at all times. Streets are to be kept clear of dirt and debris. If removal of said dirt or debris is conducted by the developer, a charge for removal will be rendered to the party responsible for placing it there. 12. Each lot owner shall provide adequate off street parking for all vehicles owned and kept at each lot location. On street parking will be prohibited except for occasional use by visitors. All vehicles shall be in operable conditions and no stripped, partially wrecked, junked vehicles, or any part thereof, shall be permitted to be parked or to be kept on any lot or street. 13. All governmental building codes, health regulations, zoning restrictions and the like, applicable to said lots now or hereafter made, shall be observed. In the event of any conflict between any provision of any governmental code, regulation or restriction and any provisions of these covenants, the more restrictive provision shall apply. 14. No residence or lot shall be used for business purposes of any nature for profit or non-profit. Residence and lots shall be used for residential purposes only. 15. The construction of above ground pools will be permitted as long as they are neatly constructed and well maintained. Subject to the following reservations: 1. The developers reserve unto themselves, their successors and assigns, a right of way easement of eight (8) feet in width along the front lot lines for the purpose of constructing, maintaining, repairing or replacing lines for utilities and water drainage, but such easements shall not be used in such a manner as to unreasonable disturb or damage any lot. Other easements for installation and maintenance of utilities and drainage facilities are reserved as shown upon the recorded plats. 2. The developers reserve the right to grant to others both in and out of Olivia Water Front Properties that use and enjoyment of the street in said subdivision, as the same now exist or may hereafter be created. Said streets may be used by the owners of the lots in common with the developers, their assigns and successors in title. 3. The developers reserve the right to grant and convey the streets, roads or rights of way to municipality or public utility corporations. Any such conveyance shall be made subject to the rights previously granted unto the owners of the lots in said subdivision. 4. The developers reserve the right to grant easement and rights of way as may be deemed necessary for the proper installation of gas, water, sewer, electrical, cable, television, telephone or other utility lines, over, across or under the streets of said subdivision as may be necessary to assure proper development of the subdivision. 5. The developers reserve the right to revise the plat (or plats) of the property for the purpose of making minor boundary line adjustments regarding lots owned by the developers. 6. The developers reserve the right to amend, alter or change these covenants and restrictions unilaterally for a period of three (3) years after its recordation. Map No.: 38B Parcel No.: 78,0021 At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 3038 Michael Avenue, Shrewsbury, WV 25015. AND BEING the same real estate which was conveyed to Mary A. Edds and Donald K. Edds, by Deed dated December 9, 2011, from Bruce S. Hannigan, and recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 2808, at Page 592. The above-described property will be sold subject to any covenants, restrictions, easements, leases and conditions of record, and subject to any unpaid real estate taxes. The subject property will be sold in "AS IS" condition. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. TERMS: Ten percent (10%) of the purchase price as a deposit with the balance due and payable within 30 days of the day of sale. Pill & Pill, PLLC, Substitute Trustee Jonathan L. Wertman, Authorized Signatory P. O. Box 440, 85 Aikens Center, Martinsburg, WV 25404 Phone 304-263-4971 Fax 304-267-5840 e-mail: foreclosures@ pillwvlaw.com LC-361152 10-15,22,29;2025
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