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 commissione.
First Publication Date: Thursday, January 30, 2025.
Claim Deadline: Monday, March 31, 2025
ESTATE NUMBER: 14705
ESTATE OF: CHARLES KERMIT MCNELLAN
EXECUTRIX: Linda Sharp
29 Drennen Ridge Road
Marlinton, WV 24954-6532
ESTATE NUMBER: 14719
ESTATE OF: LILLY GERTRUDE TAYLOR
EXCUTOR: Bedford Russell Taylor II
1573 Back Draft Road
Green Bank, WV 24944-9054
ESTATE NUMBER: 14721
ESTATE OF: ROBERT DARRELL FORTNER II
EXECUTOR: David Harper
741 Cotton Tree Road
Walton, WV 25286-9097
ESTATE NUMBER: 14722
ESTATE OF: JOHN HOWARD GORE
ADMINISTRATRIX: Patricia T. Gore
208 Puffenbarger Road
Hillsboro, WV 24946-8732
Subscribed and sworn to before me on January 24, 2025.
Melissa L. Bennett
Clerk of the Pocahontas county Commission
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TRUSTEE’S SALE OF VALUABLE REAL ESTATE
The undersigned Substitute Trustee, by virtue of the authority vesting in it by that certain Deed of Trust recorded on March 15, 2019, in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Book 380 at Page 451, Douglas M. Ellis did convey unto Seneca Trustees Inc. as Original Trustee, certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Elk River Trustees Inc., as Substitute Trustee by virtue of a Substitution of Trustee recorded on January 8, 2025 in Book 424 at Page 22 in the aforesaid Clerk’s Office; 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 having been instructed by Pingora Loan Servicing, LLC to foreclose thereunder will offer for sale, at a public auction at the front door of the Pocahontas County Courthouse in Marlinton, West Virginia, on February 19, 2025 at 1:00 p.m. the following described real estate, together with its easements, improvements, and appurtenances thereunto belonging, situate in the City of Snowshoe, Pocahontas County, West Virginia, and more particularly bounded and described as follows:
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SNOWSHOE, COUNTY OF POCAHONTAS, STATE OF WEST VIRGINIA, AND IS DESCRIBED AS FOLLOWS:
ALL OF UNIT 201 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.
PARCEL ID: 03-08SE/02010000
THIS BEING THE SAME PROPERTY CONVEYED TO DOUGLAS M. ELLIS AND KELLY S. ELLIS, HUSBAND AND WIFE, AS JOINT TENANTS WITH THE RIGHT OF SURVIVORSHIP FROM SOARING EAGLE DEVELOPMENT COMPANY, LLC., A WEST VIRGINIA LIMITED LIABILITY COMPANY, IN A DEED DATED DECEMBER 1, 2006, AND RECORDED DECEMBER 13, 2006, IN DEED BOOK 306, PAGE 293.
At the time of the execution of the subject Deed of Trust, the property was reported to have an address of: 201 Soaring Eagle Lodge, Snowshoe, West Virginia 26209.
The above referenced real estate will be conveyed with no covenants of warranty and subject to any and all easements, rights of way, conditions, covenants, restrictions, exceptions, reservations, leases and other servitudes, which may be a matter of record in the aforesaid Clerk’s Office or visible upon the ground. The sale of the referenced real estate will also be subject to all prior liens and including any and all other deeds of trust, judgments, liens, and all other encumbrances of any nature whatsoever, if any, having priority over the subject Deed of Trust.
The subject property will be sold in an “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. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
In the event that there are federal tax liens against the property, the United States has the right to redeem the property within a period of one hundred twenty (120) days from the date of the sale. 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 foreclosure sale described herein.
TERMS OF SALE
1. $8,000.00 (Eight Thousand Dollars) in cash and/or certified funds made payable to “Elk River Trustees, Inc.” due as a deposit at the time of sale, with the balance due and payable within thirty (30) days of sale. Personal checks will not be accepted.
2. The purchaser at the sale shall be responsible for payment of all real estate taxes.
3. The purchaser shall be responsible for payment of the recording cost of the deed and also for payment of the tax on the privilege of transferring the real property (transfer tax) imposed by West Virginia Code § 11-22-2.
4. The parties secured by the Deed of Trust reserve the right to purchase the property at the foreclosure sale.
ELK RIVER TRUSTEES, INC.
714 Venture Drive, #132
Morgantown, WV 26508
Telephone: 304-241-6962
Fax: 330-436-0301
Reference file # 24-02761
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