ADMINISTRATION TO CREDITORS,
DISTRIBUTEES & LEGATEES
Notice is hereby given that the following estate(s) have been opened for probate in the Pocahontas County Clerk’s Office at P. O. Box 209, 900 Tenth Avenue, Suite C, Marlinton, WV 24954-0209. Any person seeking to impeach or establish a will must make a complaint in accordance with the provisions of West Virginia Code 41-5-11 through 13. Any interested person objecting to the qualifications of the personal representative or the venue or jurisdiction of the court, shall file written notice of an objection with the County Commission within 60 days after the date of the first publication or within 30 days of the service of the notice, whichever is later.
If an objection is not filed timely, the objection is forever barred. Any claims against an estate must be filed within 60 days of the first publication of this notice in accordance with West Virginia Code 44-2 and 44-3A.
Settlement of the estate(s) of the following named decedent(s) will proceed without reference to a fiduciary commissioner unless within 60 days from the first publication of this notice a reference is requested by a party of interest or an unpaid creditor files a claim and good cause is shown to support reference to a fiduciary commissioner.
First Publication Date: Thursday, August 3, 2023
Claim Deadline: Monday, October 2, 2023
ESTATE NUMBER: 14525
ESTATE OF: BILL OWENS, JR.
ADMINISTRATRIX: Pam Owens
20 Conklin Hill Road
Pleasant Valley, NY 12569-7724
ESTATE NUMBER:14547
ESTATE OF: SHARON LEE KELLEY
EXECUTRIX: Teresa Ann Westfall
7811 Seneca Trail
Hillsboro, WV 24946-8820
ESTATE NUMBER: 14548
ESTATE OF: RICHARD DALE CARPENTER
ADMINISTRATRIX: Charlotte L. Carpenter
1524 Willie Mullenax Road
Arbovale, WV 24915-5458
Subscribed and sworn to before me on July 28, 2023.
Melissa L. Bennett
Clerk of the Pocahontas County Commission
8/3/2c
NOTICE OF SALE
UNDER DEED OF TRUST
Notice is hereby given that, under authority of a certain deed of trust hereinafter described, the undersigned Substitute Trustee will, at the front door of the Pocahontas County Courthouse, in Marlinton, West Virginia, on Wednesday, September 13, 2023, at 11:00 a.m., offer for sale certain property described in that certain deed of trust executed by TREVE PAINTER and ELIZABETH PAINTER to Michael C. Doss, as Trustee, which deed of trust is dated the 12th day of February, 2007, and of record in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Trust Deed Book 294, at Page 698; and given to secure Mountain Valley Bank, the payment of a note therein described.
By Substitution of Trustee dated July 10, 2023, and of record in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Trust Deed Book 415, at Page 377, Jennifer L. Morgan was appointed Substitute Trustee.
The premises subject to the above-described deed of trust, which premises will be sold at the above stated public auction are those two certain lots, tracts or parcels of real estate, including the improvements, appurtenances and easements thereunto belonging, situate in the Edray District, Pocahontas County, West Virginia, being 3 miles northwest of the intersection of US Route 219 and Stare Route 66, which said lots being known as Tract #3 and Tract #2 of Slatyfork Village, Birch Bend Section, and being more particularly described as follows:
TRACT 3
BEGINNING at a point in the centerline of a 40.00 ft. wide right-of-way, in a line of Tract 2, thence with said centerline for four lines
N 20-03-06 W 211.79 ft. to a point, thence
N 34-44-02 W 83.44 ft. to a point, thence
N 68-29-53 W 66.60 ft. to a point, thence
N 77-53-05 W 37.14 ft. to a point in a drain, corner
to Birch Bend Tract 7, thence leaving said right-of-way and up said drain with Tract 7 for four lines
N 38-46-17 E crossing a set steel rod at 25.37 ft. continuing in all 129.43 ft. to a point thence
N 2-19-13 E 65.42 ft. to a point, thence
N 47-37-28 E 96.73 ft. to a point, thence
N 17-24-36 E crossing a set steel rod at 103.95 ft. continuing in all 129.32 ft. to a point in the centerline of a 40.00 ft. wide right-of-way and in a line of Birch Bend Tract 4, thence with said centerline and Tract 4 for two lines
S 30-23-55 E 166.07 ft. to a point, thence
S 2-51-02 E 108.38 ft. to a point, corner to Tract 4, thence leaving said right-of-way and with Tract 4 for one line
N 86-16-53 E crossing a set steel rod at 20.00 ft. continuing in all 248.33 ft. to a set steel rod, corner to Hawthorne Ridge Section Tract 2, thence with said Tract 2 for one line S 7-58-47 E 361.51 ft. to a set steel rod, corner to Birch Bend Section Tract 2, thence with said Tract 2 for one line
S 80-25-33 W 367.96 ft. to the beginning and containing 4.50 acres as surveyed by James T. Carr P.S. #920 in April 2000, as shown on a plat of record in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Deed Book 266, at page 503.
TRACT 2
BEGINNING at a found steel rod on the northern bounds of a 40.00 ft. right-of-way, corner to Birch Bend Section Tract 1, thence crossing said right-of-way
N 37-02-03 W 321.17 ft. to a point on the bounds of the old railroad right-of-way, thence with said bounds for two lines
N 30-23-23 W 78.04 ft. to a point, thence
N 22-56-21 W 126.74 ft. to a point, corner to Birch Bend Tract 3, set a steel rod, thence leaving said old railroad right-of-way and with Tract 3 for one line
N 80-25-33 E recrossing said 40.00 ft. wide right-of-way 421.80 ft. to a set steel rod, corner to Hawthorne Ridge Section Tract 2, thence with said tract for two lines
S 7-58-47 E 113.17 ft. to a set steel rod, thence
N 75-26-54 E 140.00 ft. to a found steel rod, corner to Locust Hill Section Tract 30, thence with said tract for one line
S 8-33-12 E 199 .40 ft. to a found steel rod, corner to Birch Bend Tract 1, thence with said tract for three lines
S 70-58-46 W 280.02 ft. to a set steel rod at a spring, thence
S 7-04-20 W 71.23 ft. to a set steel rod, thence
S 28-28-24 W 85.29 ft. to the beginning, containing 3.74 acres as surveyed by James T. Carr P.S. #920 in April 2000, as shown on a plat of record in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Deed Book 266, at page 507.
And being the same lots, tracts or parcels of real estate as acquired by the Grantors by the provisions of a Deed of Conveyance from Mark J. Richards, said Deed bearing date the 11th day of October, 2005, and of record in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Deed Book 298, at page 384.
This conveyance is made subject to any and all reservations, restrictions, exceptions, rights-of-way and easements as set forth in prior instruments of record in the chain of title to said real estate.
The above-described property will be sold subject to all reservations, restrictions, exceptions and conditions contained in all prior deeds conveying said real estate except those pertaining to race, color or creed, and subject to all unpaid levies and assessments including real estate taxes.
TERMS OF SALE: Cash in hand on day of sale, or ten percent (10% down), or approved line of credit with closing to occur within thirty (30) days. Purchaser accepts subject real estate “AS IS”.
The undersigned Substitute Trustee reserves the right to reject any and all bids received, and to continue said sale from time to time, upon announcement thereof given verbally, on day of sale and any continuance thereof.
Dated this 27th day of July, 2023.
Jennifer L. Morgan, Substitute Trustee
Busch, Zurbuch & Thompson, PLLC
P.O. Box 1819
Elkins, WV 26241
8/3/2c
NOTICE OF TRUSTEE’S SALE
NOTICE OF TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, Pill & Pill, PLLC, by that certain Deed of Trust dated March 16, 2007, executed by Borrower(s), Ruth A. Reiter, to William D. Goodwin, the Trustee of record in the office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Book 295, at Page 418. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of Rural Route 2, Box 103G n/k/a 7 Seneca Crest Dr, Buckeye, WV 24924. Pill & Pill, PLLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated April 24, 2023, of record in the Clerk’s Office in Book 414, Page 473. The borrower(s) defaulted under the Note and Deed of Trust and the Substitute Trustees have been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustees will sell the following described property to the highest bidder at the front door of the Courthouse of Pocahontas County, in Marlinton, West Virginia, on the following date: August 10, 2023 at 11:02 a.m.
All of that certain lot, tract or parcel of land, together with the buildings thereon, and the easements, rights of way and appurtenances thereunto belonging, situate approximately 0.7 mile south of Buckeye, in the Edray District, Pocahontas County, West Virginia, being known and identified as Lot No. 2, containing 5.00 acres as shown on a plat of record in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Map Book 7 at Page 12, as prepared by David L. Huffman, a licensed land surveyor, and dated the 3rd day of April, 1986, to which said map reference is hereby made for a more specific description of said lot. This said conveyance is made expressly subject to the following covenants and conditions, and restrictions, which shall be deemed appurtenant to, and shall run with title to the said land, to-wit:
1. That the said lot as conveyed herein shall never be used for any commercial purpose, and for any purpose other than as a general residential site, and no store, shop, saloon, bakery, apartment, or any other business enterprises shall be conducted on or erected on the said premises.
2. That the said lot as conveyed hereby shall not be further subdivided, and shall not be sold contrary to the general plane of the subdivision so as to meet state health department regulations.
3. That no mobile structure, or structure of mobile nature, such as a bus, car, truck, mobile home, shall be allowed to remain on the said premises and be used by the GRANTEE or any other persons, as a residential structure or a storage building of any type, it being the intention of this restrictive covenant to prevent such vehicles from being allowed to remain upon the property for use other than as a means of transportation.
4. Any and all buildings or improvements erected on the land conveyed hereby, shall be erected not nearer than twenty (20) feet to the street line of the said lot.
5. All toilets, septic tanks, sewage, and waste disposal systems constructed on the land conveyed hereby shall conform to the rules and regulations of the West Virginia State Health Department; further activity or activities or use of the said lands shall not pollute or cause waste to any spring, drain, or stream situate on or traversing the said land.
6. The said GRANTORS, their successors or assigns, reserve a thirty (30) foot easement as shown on the said plat and identified as Seneca Drive, as well as two (2) adjacent 30 foot easements shown on said plat which adjoin and are a part of this said lot, which said easements shall be for the use of all lot owners, now situate on the said premises or hereafter acquiring properties within the Seneca Estates Ltd., properties, and shall at all times remain open and unencumbered: no person may construct any encumbrance on or other structure so as to in any way interfere with the free and unencumbered use of the said right of way for all persons, and the said GRANTORS and their successors and assigns do further reserve such drainage easements as may be necessary for the purpose of draining the said highway, and for the ultimate purpose of meeting State Department of Highways Standards, should the said road ever by dedicated to the West Virginia Department of Highways by the GRANTORS, their successors or assigns.
7. It is further understood and agreed that until such time, if ever, as the said road may become public property, each of the said lot owners shall be responsible for their prorate share of the maintenance and repair of the said road as it may need from time to time, which said repairs shall no longer be, in any way or wise, the responsibility of the GRANTORS, after the completion of the sale of all lots or properties situate in the said Seneca Estates Ltd. Properties as now described in the Office of the Clerk of the County Commission of the Pocahontas County Commission.
8. It is further understood by and between the parties hereto that should the said GRANTORS, or any of their successors or assigns, remove any of the pipes, posts, or other survey markers used for lot lines in this said subdivision, then the said GRANTEES, or any of their successors or assigns shall be responsible for having the same replaced by a licenses land surveyor agreed upon by the GRANTORS or their successors or assigns, which said replacements shall be solely at the expense of the said GRANTEE`S, their successors or assigns.
And being the same real property conveyed unto Ruth A. Reiter, by deed dated January 8, 2007, from Donna M. Ingram, recorded at Deed Book 308, at Page 159.
And further being the same real property conveyed unto Leona E. Zentner, by deed dated March 28th, 2007, from Ruth A. Reiter, recorded at Deed Book 400, at Page 640.
Reference is hereby made to all prior instruments in the chain of title for all reservations, restrictions, limitations and easements and right of way affecting the property herein conveyed.
TERMS OF SALE:
1) The property will be conveyed in an “AS IS” physical condition by Deed containing no warranty, express or implied, subject to the the Internal Revenue Service right of redemption, all property taxes, prior Deeds, liens, reservations, encumbrances, restrictions, rights-of-ways, easements, covenants, conveyances and conditions of record in the Clerk’s office or affecting the subject property.
2) The Purchaser shall be responsible for the payment of the transfer taxes imposed by the West Virginia Code § 11-22-1.
3) The Beneficiary and/or the Servicer of the Deed of Trust and Note reserve the right to submit a bid for the property at sale.
4) The Trustee reserves the right to continue sale of the subject property from time to time by written or oral proclamation, which continuance shall be in the sole discretion of the Trustee.
5) The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate said property, and any personal property and/or belongings remaining at the property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY.
6) The total purchase price is payable to the Trustee within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale.
Pill & Pill, PLLC, Substitute Trustee
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
foreclosures@pillwvlaw.com
7/27/2c
NOTICE OF TRUSTEE’S SALE
NOTICE OF TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, Pill & Pill, PLLC, by that certain Deed of Trust dated December 8, 2006, executed by the Borrower(s), Chris W. Satterfield and Simona Satterfield, to Richard A. Pill, Esq., the Trustee of record in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Book 291, at Page 427. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 103 Soaring Eagle Lodge, Snowshoe, WV 26209. Pill & Pill, PLLC was appointed as Substitute Trustee by an APPOINTMENT OF SUCCESSOR TRUSTEE dated May 2, 2023, of record in the Clerk’s Office in Book 414, at Page 467. The Borrower(s) defaulted under the Note and Deed of Trust and the Substitute Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustee will sell the following described property to the highest bidder at the front door of the Courthouse of Pocahontas County, in Marlinton, West Virginia, on the following date: August 10, 2023, at 11:00 a.m.
All of the following described parcel, tract, or unit of real estate, together with all appurtenances thereunto belonging, situate, lying and being in Edray District,, Pocahontas County, West Virginia, and more particularly described as follows:
All of Unit 103 of Soaring Eagle Lodge as shown and illustrated on that plat of survey recorded among the land records in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, on November 30, 2006, in Deed Book No. 306, at page 62.
Together with a non-exclusive undivided 0.014031 percent interest in all the common elements of Soaring Eagle Lodge Association, Inc., as shown and designated on the aforesaid plat as Soaring Eagle Lodge Phase One Building, together with a non-exclusive undivided 0.008575 percent interest in all the common elements of Soaring Eagle Lodge Master Association, Inc., as shown and designated on the aforesaid plat.
Being the same real estate conveyed to Chris W. Satterfield and Simona Satterfield, husband and wife, from Soaring Eagle Development Company, LLC, a West Virginia limited liability company, by deed dated December 1, 2006, recorded in the Office of the County Commission of Pocahontas Country in Deed Book 306, Page 455.
This conveyance is specifically made subject to the terms, conditions, provisions, restrictions, protective covenants, nights, powers and duties pertaining to Soaring Eagle Lodge as more particularly set forth in the Declaration, Plats or maps of survey and By-Laws of Soaring Eagle Lodge Association, Inc., a West Virginia corporation and Soaring Eagle Lodge Master Association, Inc., a West Virginia Corporation, and as, the same, from time to time may be amended, which documents are recorded in the aforesaid County Clerk`s Office as follows:
DECLARATION: DEED BOOK NO. 306, AT PAGE 1
DECLARATION: DEED BOOK NO. 306, AT PAGE 62
PLAT OF SURVEY: HANGING FILE I
The Grantees, for and on behalf of the grantees and the grantees’ heirs, personal representatives, successors and assigns, by the acceptance of this deed covenant and agree to pay such charges for the maintenance of, repairs to, replacement of and expenses in connection with the common elements as may be assessed from time to time by the council in accordance with the Unit Property Act of West Virginia, and further covenant and agree that the unit conveyed by this deed shall be subject to a charge for all amounts so assessed and that, except insofar as section five [§ 36A-7-5], article seven of said Unit Property Act may relieve a subsequent unit owner of liability for prior unpaid assessments, this covenant shall run with and bind the land or unit hereby conveyed and all subsequent owners thereof.
TERMS OF SALE:
1) The property will be conveyed in an “AS IS” physical condition by Deed containing no warranty, express or implied, subject to the Internal Revenue Service right of redemption, all property taxes, prior Deeds, liens, reservations, encumbrances, restrictions, rights-of-ways, easements, covenants, conveyances and conditions of record in the Clerk’s office or affecting the subject property.
2) The Purchaser shall be responsible for the payment of the transfer taxes imposed by the West Virginia Code § 11-22-1.
3) The Beneficiary and/or the Servicer of the Deed of Trust and Note reserve the right to submit a bid for the property at sale.
4) The Trustee reserves the right to continue sale of the subject property from time to time by written or oral proclamation, which continuance shall be in the sole discretion of the Trustee.
5) The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate said property, and any personal property and/or belongings remaining at the property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY.
6) The total purchase price is payable to the Trustee within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale.
Pill & Pill, PLLC, Substitute Trustee
Richard A. Pill, Member
Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
304-263-4971
foreclosures@pillwvlaw.com
7/13/4c