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 31, 2023
Claim Deadline: Monday, October 30, 2023
ESTATE NUMBER: 14341
ESTATE OF: CAROL LEE GREATHOUSE
ADMINISTRATOR: Johnny Raymond Greathouse
10198 Potomac Highlands Trail
Arbovale, WV 24915-5468
ESTATE NUMBER: 14554
ESTATE OF: MILDRED VIRGINIA JOHNSTON
EXECUTRIX: Crystal Johnston
851 Johnson Road
Bartow, WV 24920
ESTATE NUMBER: 14555
ESTATE OF: BRIAN SHAWN KEATING
ADMINISTRATOR: Coby Keating
41006 Seneca Trail
Slaty Fork, WV 26291-9043
ESTATE NUMBER: 14556
ESTATE OF: WENDY CARTER REESE
ADMINISTRATOR CTA: Michael C. Doss
921 10th Avenue
Marlinton, WV 24954
ESTATE NUMBER: 14557
ESTATE OF: BEVERLY ANN NOTTINGHAM
ADMINISTRATRIX: Teresa Nottingham
2366 Edray Road
Marlinton, WV 24954-6691
ESTATE NUMBER: 14558
ESTATE OF: JAMIE A. GIBSON
ADMINISTRATOR: Dustin Gibson
6313 Southern Charm Lane
Raleigh, NC 27603-9466
Subscribed and sworn to before me on August 25, 2023.
Melissa L. Bennett
Clerk of the Pocahontas County Commission
8/31/2c
NOTICE OF ANCILLARY FILING
WITHOUT ANY ADMINISTRATION
TO CREDITORS, DISTRIBUTEES AND LEGATEES
Notice is hereby given that the following foreign will or affidavit of heirs has been filed in the Pocahontas County Clerk’s Office at 900 Tenth Avenue Suite C; P. O. Box 209, Marlinton, WV 24954-0209.
An interested person(s) objecting to the filing of the foreign will or affidavit or objecting to the absence of appointment or administration being made in this state must file a statement with the Pocahontas County Commission through the County Clerk’s Office at the address listed above within 60 days after the date of first publication or 30 days of service of the notice, whichever is later. If an objection is not timely filed, the objection is forever barred. The Pocahontas County Commission, upon receiving any timely objection thereto, shall schedule a hearing or hearings thereon and order relief, if any, it considers proper including, but not limited to, an order directing that full and complete ancillary administration of the estate of the nonresident decedent be made in this state.
First Publication Date: Thursday, August 24, 2023
ESTATE NAME: STEPHEN A MARDOSA (North Carolina)
6918 Kemp Road
Raleigh, NC 27613-5961
EXECUTRIX: MARGARET HARRIS MARDOSA
6918 Kemp Road
Raleigh, NC 27613-5961
Subscribed and sworn to before me on August 15, 2023.
Melissa Bennett
Clerk of the Pocahontas County Commission
8/24/2c
IN THE FAMILY COURT OF
POCAHONTAS COUNTY, WEST VIRGINIA
IN RE: CHANGE OF NAME
From: PRC
To: PRK
LEGAL NOTICE OF PUBLICATION
CHANGE OF NAME PROCEEDING
Notice is hereby given that on the 19th day of September, 2023, at 1:30 o’clock p.m. at Family Court, 818 C 10th Avenue, Marlinton, WV, on said day or as soon thereafter as the matter may be heard before the Honorable Joyce H. Carpenter, the Petitioner, Heather Kellison, will apply by petition to the Family Court of Pocahontas County, West Virginia, for the entry of an order by said Court, changing minor’s name from PRC to PRK at which time and place any interested party may appear and be heard if they so desire.
You are hereby notified that this matter may be rescheduled without further notice or publication.
A copy of said petition can be obtained from the Clerk of the Circuit/Family Court, Connie M. Carr, at her office at 900 D 10th Avenue, Marlinton, West Virginia 24954.
Dated this 25th day of August, 2023.
Heather Kellison
Pro se Petitioner
8/31/2c
NOTICE OF SUCCESSOR TRUSTEE’S SALE
NOTICE IS HEREBY GIVEN THAT:
By virtue of that certain Deed of Trust and Security Agreement dated August 1, 2008, made, executed, and granted by SKAT CHARLESTON, LLC to CARL H. CATHER, III AND WARD D. STONE, JR., as Trustees (collectively the “Trustee”) for the benefit of 84 LUMBER COMPANY and recorded in the office of the Clerk of the County Commission of Pocahontas County, West Virginia (the “Clerk’s Office”), in Deed of Trust Book 310, at Page 475, and re-recorded in the Clerk’s Office, in Deed of Trust Book 311, at Page 177(as modified, the “Deed of Trust”), which Deed of Trust and promissory note secured thereby were assigned, granted, conveyed, and transferred by 84 LUMBER COMPANY to TCB FOUNDATION LEGACY, LLC (the “Secured Party”), by that Assignment of Deeds of Trust dated February 8, 2022 and recorded in the Clerk’s Office in Assignment Book 17, at page 516, and by that corrective assignment dated February 22, 2023, and recorded in the Clerk’s Office in Assignment Book 19, at page 220, default in the performance of the obligations thereby secured having occurred, and pursuant to the terms thereof and to the written request of the holder of the indebtedness thereby secured, and further pursuant to the authority granted to the undersigned by said Deed of Trust, Trustee will sell the following described real estate, which is located in Snowshoe, Pocahontas County, West Virginia, (the “Property”), at public auction to the highest bidder on THURSDAY, SEPTEMBER 14, 2023 AT 11:30 A.M. at the main entrance of the Pocahontas County Courthouse, located at 900 C Tenth Avenue, Marlinton, WV 24954:
The Property secured by and sold under Deed of Trust Book 310, at Page 475 is described as follows:
That certain parcel of land situate in Edray District, Pocahontas County, West Virginia, said lot or parcel of real estate being more particularly designated and described as follows:
Commencing at a 5/8” rebar with aluminum cap set in concrete, said rebar designated as corner “A” and being corner to Top of the World, LLC in Deed Book 292 at page 477, and corner to Summit IV, LLC in Deed Book 302 at page 638, and corner to Summit III, LLC in Deed Book 302 at page 635; thence with a tie line S 33° 07’ 48” E 539.27’ to a 5/8” rebar with cap set in the original line between said Summit IV, LLC and the SKAT Charleston, LLC, (Deed Book 309 page 295), and being east of Lot M-30, said rebar also being the true point of beginning; thence leaving said original line and with four new interior lines of the SKAT property S 02° 29’ 49” E 68.32’ to a 5/8” rebar with cap set on the southerly edge of a 40’ wide right of way known as Sawmill Village Drive; thence with said Sawmill Village Drive, S 66° 30’ 03” E. 52.33’ to a 5/8” rebar with cap set, corner to Lot G-11; thence leaving said Sawmill Village Drive and with Lot G-11 S 16° 43’ 26” W 11.74’ to a 5/8” rebar with cap set; thence S 19° 45’ 56” W 74.18’ to a 5/8” rebar with cap set in the original line of the SKAT property; thence with said SKAT property for the next five courses N 75° 26’ 00” W 27.19’ to a 5/8” rebar with cap set; thence N 67° 56’ 50” W 70.46’ to a 5/8” rebar with cap set; thence N 60° 21’ 30” W 74.00’ to a 5/8” rebar with cap set ; thence N 52° 05’ 30” W 69.20’ to a 5/8 rebar with cap set; thence N 51° 19’ 10” W 30.35’ to a 5/8” rebar with cap set in the said original line between SKAT and Summit IV, LLC; thence with said line N 79° 37’ 03” E 215.25’ to the place of beginning, containing 23,005 square feet (0.53 acres) more or less, as shown on Plat dated July 17, 2008, and prepared by Robert F. Thaw, LLS No. 965, of Terradon Engineering, attached hereto and made a part hereof by this reference.
Being part of the same real estate conveyed to SKAT Charleston, L.L.C. a South Carolina limited liability company, misidentified as SKAT Charleston, L.L.L. a South Carolina limited liability company, by deed from Mountaintop Development L.L.C., a South Carolina limited liability company, dated April 5, 2007, recorded June 28, 2007, in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Deed Book No. 309, at Page 295.
The Property secured by and sold under Deed of Trust Book 311, at Page 177 is described as follows:
DESCRIPTION FOR LOTS SS-24, SS-25, SS-26
COMMENCING AT A 5/8″ REBAR WITH ALUMINUM CAP SET IN CONCRETE, SAID REBAR DESIGNATED AS CORNER “A”, COMMON CORNER TO TOP OF THE WORLD, LLC. (DEED BOOK 292 AT PAGE 477), SUMMIT IV, LLC. (DEED BOOK 302 AT PAGE 638), AND SUMMIT III, LLC. (DEED BOOK 302 AT PAGE 635), THENCE WITH A TIE LINE, S29°07’05″E 721.84′ TO A POINT, SAID POINT BEING A COMMON CORNER TO SNOWSHOE SUMMIT DEVELOPMENT L.L.C. AS RECORDED IN DEED BOOK 291 PAGE 620, AND SKAT CHARLESTON L.L.C. AS RECORDED IN DEED BOOK 309 PAGE 295, AND ALSO BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SNOWSHOE SUMMIT DEV. L.L.C. AND WITH THE EASTERN SIDE OF A 35′ WIDE PUBLIC ACCESS RIGHT OF WAY N19°45’56″E 71.92′ TO A POINT; THENCE N16°43’26″E 10.65′ TO A POINT ON THE SOUTHERN SIDE OF A 40′ WIDE RIGHT OF WAY KNOWN AS SAWMILL VILLAGE DRIVE; THENCE LEAVING SAID 35′ WIDE PUBLIC ACCESS RIGHT OF WAY AND WITH SAID 40′ RIGHT WAY, AND A CURVE TO THE LEFT SAID CURVE HAVING A RADIUS OF 285.00′ AND AN ARC LENGTH OF 110.30′ AND A CHORD BEARING AND DISTANCE OF S83°25’49″E 109.62′ TO POINT; THENCE WITH A CURVE TO THE RIGHT SAID CURVE HAVING A RADIUS OF 32.00′ AND AN ARC LENGTH OF 37.95′, AND A CHORD BEARING AND DISTANCE OF S60°32’29″E 35.77′ TO A POINT ON THE WESTERN SIDE OF A 40′ WIDE RIGHT OF WAY KNOWN AS BEAR RUN ROAD; THENCE WITH SAID BEAR RUN ROAD S30°04’01″E 124.62′ TO A POINT SAID POINT BEING A COMMON CORNER TO SAID SNOWSHOE SUMMIT DEV. L.L.C.; THENCE WITH SAID SNOWSHOE SUMMIT DEV. L.L.C FOR THE NEXT FOUR COURSES S62°56’55″W 103.37′ TO A POINT; THENCE S52°56’10″W 43.77′ TO A 5/8″ REBAR SET; THENCE N35°11’00″W 159.92′ TO A POINT; THENCE N75°26’00″W 11.08′ TO PLACE OF BEGINNING, CONTAINING 0.65 ACRES, MORE OR LESS.
BEING PART OF THE SAME PROPERTY OWNED BY SKAT CHARLESTON L.L.C. AS RECORDED IN DEED BOOK 309 PAGE 295. AND BEING DESIGNATED AS ALL OF LOTS SS-24, SS-25, SS-26, AS SHOWN ON A MORTAGAGE [SIC] PLAT BY TERRADON CORP.
DESCRIPTION FOR LOT B-1
COMMENCING AT A 5/8″ REBAR WITH ALUMINUM CAP SET IN CONCRETE, SAID REBAR DESIGNATED AS CORNER “A”, COMMON CORNER TO TOP OF THE WORLD, LLC. (DEED BOOK 292 AT PAGE 477), SUMMIT IV, LLC. (DEED BOOK 302 AT PAGE 638), AND SUMMIT III, LLC. (DEED BOOK 302 AT PAGE 635), THENCE WITH A TIE LINE, S40°22’28″E 609.14′ TO A POINT, SAID POINT BEING ON THE EAST SIDE OF A 35′ WIDE PUBLIC ACCESS RIGHT OF WAY, AND BEING THE NORTHWEST CORNER TO LOT B-1, AND THE SOUTHWEST CORNER TO LOT B-2, AND ALSO BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID 35′ WIDE RIGHT OF WAY AND WITH A COMMON LINE BETWEEN LOTS B-1 AND B-2 N78°03’49″E 70.36′ TO A POINT ON THE WESTERN SIDE OF A 40′ WIDE RIGHT OF WAY KNOWN AS BEAR RUN ROAD THENCE LEAVING LOT B-2 AND WITH SAID 40′ RIGHT WAY, AND A CURVE TO THE LEFT SAID CURVE HAVING A RADIUS OF 1020.00′ AND AN ARC LENGTH OF 49.57′ AND A CHORD BEARING AND DISTANCE OF S19°50’30″E 49.56′ TO POINT; THENCE WITH A CURVE TO THE RIGHT SAID CURVE HAVING A RADIUS OF 22.00′ AND AN ARC LENGTH OF 43.24′, AND A CHORD BEARING AND DISTANCE OF S35°04’13″W 36.61′ TO A POINT ON THE NORTHERN SIDE OF A 40′ WIDE RIGHT OF WAY KNOWN AS SAWMILL VILLAGE DRIVE; THENCE LEAVING SAID BEAR RUN ROAD AND WITH SAWMILL VILLAGE DRIVE AND A CURVE TO THE RIGHT SAID CURVE HAVING A RADIUS OF 248.88′ AND AN ARC LENGTH OF 70.28′ AND A CHORD BEARING AND DISTANCE OF N80°28’20″W 70.05′ TO A POINT ON THE EASTERLY SIDE OF SAID 35′ WIDE PUBLIC ACCESS RIGHT OF WAY; THENCE LEAVING SAID SAWMILL VILLAGE DRIVE, AND WITH SAID 35′ WIDE PUBLIC ACCESS RIGHT OF WAY, N16°43’26″E 11.53′ TO A POINT; THENCE WITH A CURVE TO THE LEFT SAID CURVE HAVING A RADIUS OF 248.27′ AND AN ARC LENGTH OF 39.45′ AND A CHORD BEARING AND DISTANCE OF N01 °39’20″E 39.41′ TO PLACE OF BEGINNING, CONTAINING 0.12 ACRES, MORE OR LESS.
BEING PART OF THE SAME PROPERTY OWNED BY SKAT CHARLESTON L.L.C. AS RECORDED IN DEED BOOK 309 PAGE 295. AND BEING DESIGNATED AS ALL OF LOT B-1, AS SHOWN ON A MORTAGAGE [SIC] PLAT BY TERRADON CORP.
DESCRIPTION FOR LOTS B-23, B-24, B-25, B-26, B-27, B-28, AND B-29
COMMENCING AT A 5/8″ REBAR WITH ALUMINUM CAP SET IN CONCRETE, SAID REBAR DESIGNATED AS CORNER “A”, COMMON CORNER TO TOP OF THE WORLD, LLC. (DEED BOOK 292 AT PAGE 477), SUMMIT IV, LLC. (DEED BOOK 302 AT PAGE 638), AND SUMMIT III, LLC. (DEED BOOK 302 AT PAGE 635), THENCE WITH A TIE LINE, N83°16’49″E 471.25′ TO A POINT, SAID POINT BEING ON THE EAST SIDE OF A 40′ WIDE RIGHT OF WAY KNOWN AS BEAR RUN ROAD, AND BEING THE NORTHWEST CORNER TO LOT B-23, AND THE SOUTHWEST CORNER TO LOT B-22, AND ALSO BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID 40′ WIDE RIGHT OF WAY AND WITH A COMMON LINE BETWEEN LOTS B-22 AND B-23 N67°54’55 “E 89.17′ TO A POINT ON THE WESTERN SIDE OF A 35′ WIDE PUBLIC ACCESS RIGHT OF WAY THENCE LEAVING LOT B-22 AND WITH SAID PUBLIC RIGHT WAY, AND A CURVE TO THE LEFT SAID CURVE HAVING A RADIUS OF 717.50′ AND AN ARC LENGTH OF 250.48′ AND A CHORD BEARING AND DISTANCE OF S01°56’44″E 249.21′ TO POINT; THENCE WITH A CURVE TO THE RIGHT SAID CURVE HAVING A RADIUS OF 592.61′ AND AN ARC LENGTH OF 226.27′, AND A CHORD BEARING AND DISTANCE OF S01°10’33″E 224.89′ TO A POINT; THENCE LEAVING SAID PUBLIC RIGHT-OF-WAY AND WITH LOT B-29 S73°39’00″W 75.01′ TO A POINT ON THE EASTERLY SIDE OF SAID 40′ WIDE RIGHT-OF-WAY; THENCE WITH SAID 40′ WIDE RIGHT-OF-WAY, AND A CURVE TO THE RIGHT SAID CURVE HAVING A RADIUS OF 980.00′ AND AN ARC LENGTH OF 466.50′ AND A CHORD BEARING AND DISTANCE OF N02°56’35″W 462.11′ TO PLACE OF BEGINNING, CONTAINING 1.04 ACRES, MORE OR LESS.
BEING PART OF THE SAME PROPERTY OWNED BY SKAT CHARLESTON L.L.C. AS RECORDED IN DEED BOOK 309 PAGE 295. AND BEING DESIGNATED AS ALL OF LOTS B-23, B-24, B-25, B-26, B-27, B-28, AND B-29 AS SHOWN ON A MORTAGAGE [SIC] PLAT BY TERRADON CORP.
The sale shall be made subject to any and all easements, rights-of-way, exceptions, reservations, restrictions, covenants, conditions, leases, liens or encumbrances affecting title to the Property, and further to any state of facts that would be disclosed by or apparent upon an inspection or an accurate survey of the Property; provided, however, that any such restriction, covenant or condition indicating a preference, limitation or discrimination based on race, color, religion, sex, marital status, ancestry, disability, handicap, familial status or national origin is hereby deleted to the extent such restriction, covenant or condition violates 42 U.S.C. § 3604(c). The sale shall further be made subject to accrued and unpaid ad valorem real property taxes upon the Property, for which the purchaser will be responsible. The Successor Trustee makes no representations or warranties as to the validity or priority of such liens, taxes, encumbrances and other matters, if any.
TERMS OF SALE:
1. Cash in hand on the day of sale. The successful bidder shall tender a NON-REFUNDABLE deposit equal to ten percent (10%) of the successful bid amount (the “Contract Sale Price”) to the Trustee by certified or cashier’s check or electronic fund transfer payable to the Trustee at the time of sale. Such deposit shall be NONREFUNDABLE, except as expressly provided by these Terms of Sale. The remaining balance of the Contract Sale Price must be paid to the Trustee by certified or cashier’s check or electronic fund transfer no later than thirty (30) days after the date of sale. Time is of the essence.
2. Upon conclusion of the sale, a Memorandum of Sale will be executed reflecting the sale of the Property, the Contract Sale Price, and the purchaser’s agreement to comply fully with its terms.
3. If the purchaser fails to deliver the Contract Sale Price within the prescribed time, at the Trustee’s sole discretion, the Trustee may either (a) file suit to enforce specific performance or seek breach of contract or other applicable damages, (b) convey the Property to the next highest bidder if such bidder will honor his, her or its bid, or (c) declare the sale void and proceed to resell the Property pursuant to the aforesaid Deed of Trust. In the event of such a default the defaulting purchaser shall be liable to the Secured Party for the payment of any deficiency in the purchase price resulting therefrom, all costs and expenses of any subsequent sale, reasonable attorneys’ fees, all other charges due, and incidental damages. In the event a resale of the Property results in a sale in excess of the amount originally bid by the defaulting purchaser, the defaulting purchaser shall not be entitled to return of his, her or its deposit, and waives any and all claims, rights and interest to any such excess amount and shall not be entitled to any distribution whatsoever from the resale proceeds.
4. The Secured Party reserves the right to bid on the Property at the sale, which bid may be in the form of a credit bid.
5. The Property may be sold either as a whole or in parcels in the Trustee’s sole discretion.
6. The Trustee reserves the right to accept or reject any bids.
7. The Property will be sold subject to any and all assessments and taxes against said Property; all prior liens and encumbrances of any nature whatsoever; and the Internal Revenue Service’s right of redemption, if any.
8. The purchaser shall be responsible for the payment of any accrued and unpaid ad valorem real property taxes against the Property.
9. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code § 11-22-2 and all other settlement costs and costs incidental to transfer of the Property. Taxes and all other public charges and assessments outstanding against the Property shall be paid by purchaser at settlement.
10. The Property is sold in “AS IS” condition. The Trustee makes no representations or warranties of any kind or character including, but not limited to, the condition or zoning of the real estate, fitness of the Property for any particular purpose, or the title to the real estate to be conveyed. Prospective purchasers must perform such independent investigations with respect to the Property as they deem necessary prior to bidding on the Property.
11. The purchaser is responsible for, and the Property is sold subject to, any environmental matter or condition, whether latent or observable, if any, that may exist at or affect or relate to the Property and to any governmental requirements affecting the same. The Property will be sold subject to any building or housing violations, easements, agreements, restrictions, terms, rights of way, filed and unfiled mechanics’ and materialmen’s liens, covenants, conditions, rights of redemption, liens and all other encumbrances having priority over the aforesaid Deed of Trust, if any, lawfully affecting the Property, whether or not of record, including but not limited to environmental conditions (including without limitation possible wetlands, riparian rights, critical or protected areas, and the presence of protected or endangered species) and all applicable federal, state and local laws, ordinances and regulations lawfully affecting the Property.
12. The Trustee will deliver a trustee’s deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by West Virginia Code § 38-1-6 upon receipt of the Contract Sale Price in good and available funds.
13. If the Trustee fails, refuses or for any reason is unable to convey title to the Property, the sole remedy of the purchaser is the return of any deposit actually paid by the purchaser to the Trustee. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition by the grantor prior to the sale or reinstatement or payoff of the loan without the knowledge of the Trustee. If the validity of the sale is challenged by a party in interest, the Trustee, in his sole discretion, may declare the sale to be void and return the deposit. Purchaser shall have no further remedy.
14. The Trustee shall be under no duty to cause any existing tenant or person occupying the Property to vacate. Prospective purchasers are hereby advised that the rights of any existing tenants or persons occupying the Property may be covered by the provisions of the federal Protecting Tenants at Foreclosure Act and West Virginia Code § 38-1-16.
15. The Trustee shall be under no duty to cause any items of personal property remaining at the Property following the sale to be removed therefrom. The purchaser shall be responsible for compliance with all applicable laws in the disposal of any such items of personal property, including West Virginia Code § 38-1-17, to the extent such statute applies.
16. The Trustee reserves the right to adjourn the sale, for a time, or from time to time, without further notice, by announcement made at the time and place of the sale described herein.
17. Announcements made on the day of sale take precedence over all prior communications, both verbal and written, concerning the sale of the Property, including, but not limited to, these Terms of Sale.
Given under my hand this 14th day of August 2023.
CARL H. CATHER, III, Trustee
Spilman Thomas & Battle, PLLC
48 Donley Street, Suite 800
Morgantown, West Virginia 26507
304-291-7920
8/24/2c
