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LEGAL ADVERTISEMENT BID NOTICE The public is hereby given “NOTICE” that the Lincoln County Commission will be accepting bids to remove and replace in a different location at the Hart Veterans and Community Center the fencing, signs and playground equipment. Work must be completed within 15 days from bid award. Bids will be accepted until September 15, 2008. Please submit bids to the Lincoln County Commission, PO Box 497, Hamlin, WV 25523. Charles S. McCann, President, Lincoln County Commission 1/9-4 __________________ LEGAL ADVERTISEMENT NOTICE OF TRUSTEES SALE PUBLIC AUCTION In compliance with a certain trust deed executed by Bobby R. Gore & Nora M. Gore to William D. Levine and J. W. St. Clair, as Trustees for Jim Walter Homes, Inc., bearing date October 2, 2003, and recorded in the Office of the Clerk of the County Commission of Lincoln County, West Virginia, in Trust Deed Book 00165 at Page 00049, and Samuel A. St. Clair having been substituted as Trustee in place and stead of the aforesaid J. W. St. Clair, default having been made in the payment of the debt thereby secured, the undersigned either of whom may act, at the request of the beneficiary will sell at public auction at the front door of the courthouse of Lincoln County, on September 17, 2008, at Hamlin, West Virginia, at 10:00 a.m., the following described real estate: BEGINNING at the southwesterly common corner between Lot Five (5) and Lot Six (6) thence with the following three (3) lines severing the parent tract the following: North 71˚ 30’ 01” East 110.0 feet to an iron pin northeasterly common corner between Lot Five (5) and Lot Six (6) North 71˚ 30’ 01” East 413.14’ feet to an iron pin south 12˚ 03’ 03” East 110.0 feet to an iron pin on the exterior boundary line of the parent tract, thence with the exterior boundary line of the parent tract the following: South 14˚ 08’ 52” East 8.22 feet to an iron pin North 62˚ 34’ 18” West 48.11 feet to an iron pin South 64˚ 57’ 24” West 174.18 feet to an iron pin South 64˚ 57’ 24: West 200.00 feet to an iron pin at the northeasterly common corner with Lot One (1) thence with the easterly line with Lot One (1) and Lot (2) north 07˚ 16’ 28” East 70.00 feet to an iron pin common corner with Lot Two (2) and Lot (3), thence with the line between Lot Two (2) and Lot (3) south 71˚ 30’ 01” West 110.00 feet to an iron pin on the easterly right of way line of Rankin Street, thence with Rankin Street north 07˚ 16’ 28” West 105.01 feet to the point of BEGINNING, containing 65,476.27 square feet or 1.50 acres more or less. Being a part of the same property conveyed to Brenda K. Atkins by Judy Blackburn-Hanning, by deed dated July 18, 2002, and recorded in the office of the Clerk of the County Commission of Lincoln County, West Virginia, in Deed Book No. 180, at page 160. Terms of sale: Cash. WILLIAM D. LEVINE Trustee SAMUEL A. ST. CLAIR Substitute Trustee 3/9-11 ————————————- LEGAL ADVERTISEMENT The Sheriff’s Office is now accepting applications for entry-level Deputy Sheriff position. You may pick up applications at the Sheriff’s Office beginning August 27, 2008 and must have them returned no later than 4:30 PM September 30, 2008, the last day we’re accepting applications. The Lincoln County Sheriff’s Office is an Equal Opportunity Employer. 2/9-4 __________________ LEGAL ADVERTISEMENT NOTICE OF TRUSTEE SALE Pursuant to the authority vested in the undersigned by deed of trust dated the 20th day of September, 2006, signed by Brent Michael Miles, a married man, to un-named Trustee/s, which said deed of trust is of record in the Office of the Clerk of the County Commission of Lincoln County, West Virginia, in Trust Deed Book 191, at page 200, and the undersigned, R. Vance Golden, III, Trustee having been requested so to do by the Lender, and default having been made under the terms and conditions of said deed of trust, and the provisions in said deed of trust concerning acceleration having been complied with by the Lender and present holder of the note, said Trustee will sell at public auction at 3:00 o’clock, p.m. on the 10th day of September 2008 at the front doors of the Courthouse in Lincoln County, West Virginia the following described real estate; Situated on the waters of the Sugar Tree Fork of Mud River, Union District, Lincoln County, West Virginia, more particularly bounded and described as follows: Beginning at a stake set in the right of way of the Sugar Tree Creek Road, opposite the right of way to Dale Wade’s house; thence down said creek with the meanders thereof 170 feet more or less at a stake set at the creek bank; thence turning right and running a straight line 200 feet, more or less to a stake set at a telephone pole thence turning right and running a straight line 170 feet, more or less to a stake set in the right of way line of the Sugar Tree Creek Road; thence turning right and running with said right of way line 200 feet, more or less, to the beginning, and containing 1 3/4 acres, more or less. A right of way for ingress and egress to the Hay Bottom is reserved across said 1 3/4 acres tract in favor of the Carter E. Miles and Sandra J. Miles, their heirs successors and assigns, which right of way shall run with the existing driveway leading from the Sugar Tree Road past the current location of the house trailer, then turning right and leading across the rear of said lot to the Hay Bottom. It is the intention of this notice to sell the secured property by proper description as was intended to be transferred and conveyed in the aforesaid deed of trust. The above-described real estate is reported to have a mailing address of: HC78 Box 88, Griffithsville, West Virginia, 25521 TERMS OF SALE: Cash in hand on day of sale or within 30 days of date of sale upon terms to be agreed upon between Trustee and successful bidder, time being of the essence; payment for unpaid real estate taxes to be assumed by the purchaser. The Trustee does not warrant title or fitness to this property; it is being purchased as is; this is a buyer beware sale and any buyer is advised to retain counsel before the sale. If there is any part of the process of sale, which is found to be objectionable, the Trustee reserves the right to cancel the sale. No purchaser should take possession or make improvements in the premises until the Trustee deed is delivered or recorded. A third party purchaser at sale may be required to pay the purchase price plus all recording and transfer fees. Any sale hereunder may be adjourned from time to time without any notice other than oral proclamation at the time and place appointed for this sale or by posting of a notice of same. Should the Trustee not appear at the time appointed for the sale and there is no notice posted of a continuance please contact the office of the Trustee to make further inquiry. Any sale may be conducted or adjourned by the designated agent or attorney of the Trustee. The undersigned is fully vested with the authority to sell said property as Trustee by instrument of record. Should any party have any inquiries, objections to the sale or protests regarding the sale, or requests regarding the sale, please notify the trustee below by one of the means of communications set forth below. R. VANCE GOLDEN, III, Trustee 543 Fifth Street, P.O. Box 81, Parkersburg, West Virginia 26102 Telephone (304) 485-3851 Fax (304) 485-0261 E-mail: vgolden@goldenamos.com Lender: Fifth Third Mortgage Co. processor: Cathy Clem MilesBrent.nts / cclem / foreclosure notices - 2008 2/9-4 __________________ LEGAL ADVERTISEMENT Tariff Form No. 8-C PUBLIC NOTICE OF CHANGE IN RATES UPON APPLICATION (Tariff Rule No. 30-C) NOTICE is hereby given that East Resources Inc., a public utility, has filed with the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA, an application containing increased rates, tolls and charges for furnishing natural gas service to all of its customers at various locations in the Counties of Boone, Cabell, Calhoun, Clay, Doddridge, Gilmer, Harrison, Kanawha, Lewis, Lincoln, Logan, Marion, Marshall, Monongalia, Putnam, Ritchie, Roane, Tyler, Wetzel, Wirt, and Wood. The proposed increased rates and charges will become effective November 1, 2008, unless otherwise ordered by the Public Service Commission and will increase revenues approximately $699,000 annually, an increase of 14.4%. The average monthly bill for the various classes of customers will be changed as follows: $ INCREASE (%) INCREASE Residential $11.22 13.8 Commercial $21.07 12.1 Large Commercial $1,070.31 16.8 The increases shown are based on averages of all customers in the indicated class. Individual customers may receive increases that are greater or less than average. Furthermore, the requested increased rates and charges are only a proposal and are subject to change (increased or decreased) by the Public Service Commission in its review of this filing. Any increase in rates and charges will not become effective until authorized and approved by the Public Service Commission. (If a hearing is conducted, notice will be given of the time and place of hearing). A complete copy of the proposed rates, as well as a representative of the Company, to provide any information requested concerning it, is available to all customers, prospective customers or their agents at any of the following offices of the Company: 3700 Poplar Street, Suite 112, Parkersburg, WV 26101 A copy of the proposed rates is available for public inspection at the Office of the Secretary of PUBLIC SERVICE COMMISSION at 201 Brooks Street, Charleston, West Virginia. The 30-C procedure is designed to provide a procedure for changing rates charged to customers by natural gas distribution utilities based exclusively on the costs of purchased gas. Consequently, protest should be limited to the reasonableness of such costs and the method by which they are calculated. Anyone desiring to protest or intervene should file a written protest or notice of intervention within ten (10) days following the date of this publication unless otherwise modified by Commission Order. Failure to timely intervene can affect your rights to protest any rate increases and to participate in future proceedings. Requests to intervene must comply with the Commission’s rules on intervention. All protest and intervention should be addressed to the Executive Secretary, Public Service Commission of West Virginia, P.O. Box 812, Charleston, West Virginia 25323. __________________ LEGAL ADVERTISEMENT NOTICE OF TRUSTEE’S SALE Notice is hereby given, by virtue of the authority vested in the undersigned, J. Nicholas Barth, Successor Trustee, by that certain Credit Line Deed of Trust made by Jerry W. Franklin, unmarried, to P. Michael Pleska and F. Thomas Graff, Jr., Trustees, bearing date June 2, 1998, and of record in the Office of the Clerk of the County Commission of Lincoln County, West Virginia, in Trust Deed Book 122 at page 151; the said J. Nicholas Barth acting as Successor Trustee by virtue of that certain Appointment of Successor Trustee dated August 7, 2008, of record in the aforesaid Clerk’s Office in Trust Deed Book 207 at page 682; 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, the undersigned Successor Trustee will offer for sale, at public auction, to the highest bidder at the Front Door of the Courthouse of Lincoln County, West Virginia, in the City of Hamlin, West Virginia, on the 17th day of September, 2008, at 10:30 o’clock a.m., the following described real estate, situate in the principally Carroll District, Lincoln County, West Virginia, and in Curry District, County of Putnam, and State of West Virginia, more particularly bounded and described as follows: BEGINNING at an iron pin on the northern right of way line of Harveys Creek Road and being the southeast corner of the property hereby conveyed; thence in a westerly direction along said road N. 67E 15’ W. 295 feet to a point; thence continuing along said road N. 66E 55’ W. 400 feet to an iron pin; thence leaving said road and up a branch N. 15E 30’ E. 1500 feet to an iron pin; thence N. 21E 50’ W. 655 feet to a 6 inch ash; thence along Point Ridge N. 53E 58’ E. 539.42 feet to an iron pin on the knob; thence S. 46E 00’ E. 274.13 feet to a point; thence S. 61E 40’ E. 268.95 feet to a point; thence S. 25E 20’ E. 163.94 feet to a point; thence S. 15E 15’ E. 186.7 feet to a point; thence S. 10E 25’ E. 172.9 feet to a point marked by an ash; thence S. 1E 19’ E. 612 feet to a point marked by a black oak; thence S. 22E 52’ W. 962.8 feet to a point marked by a maple; thence S. 37E 53’ W. 192.4 feet to a point; thence S. 24E 15’ W. 184.5 feet to the place of beginning, containing 46.7 acres, more or less, and described as Plot No. 3 as shown upon a map of same made by Wm. T. Watts, L.L.S. No. 395, dated February 16, 1976, recorded in the Office of the Clerk of the County Commission of Lincoln County, West Virginia, in Deed Book 199 at pages 55 and 56. And being the same property conveyed unto Jerry W. Franklin by deed dated May 7, 1976, executed by Douglas E. Byrd and Dorothy L. Byrd, his wife, and of record in the Office of the Clerk of the County Commission of Lincoln County, West Virginia, in Deed Book 199 at page 311. Said property having address of Route 2, Box 38-BB, Hamlin, West Virginia. The referenced property will be conveyed with covenants of special warranty subject to all further 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. TERMS OF SALE: Cash in hand at time of sale, subject to all prior liens and encumbrances, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges. Pursuant to the terms of the Deed of Trust, the Trustee 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 property at such sale. Dated this 18th day of August, 2008. J. NICHOLAS BARTH Successor Trustee __________________ LEGAL ADVERTISEMENT Request for Proposals The Lincoln County Commission/ Office of Emergency Services will accept proposals for the purchase of Ruggedized Laptop Computers for Field use by Police, Fire and EMS Agencies. Requirements may be obtained from the Lincoln County Office of Emergency Services at 304-824-3443 or by e-mail at: allen.holder@e911.org ———————————— LEGAL ADVERTISEMENT NOTICE OF TRUSTEE SALE Pursuant to the authority vested in the undersigned by deed of trust dated the 28th day of January, 2005, signed by Jason Stanley and Donna M. Stanley, husband and wife as joint tenants, to Charles Johnson, Trustee, which said deed of trust is of record in the Office of the Clerk of the County Commission of Lincoln County, West Virginia, in Trust Deed Book 176, at page 422, and the undersigned, R. Vance Golden, III, Trustee having been requested so to do by the Lender, and default having been made under the terms and conditions of said deed of trust, and the provisions in said deed of trust concerning acceleration having been complied with by the Lender and present holder of the note, said Trustee will sell at public auction at 3:00 o’clock, p.m. on the 10th day of September, 2008 at the front doors of the Courthouse in Lincoln County, West Virginia the following described real estate: It is the intention of this notice to sell the secured property by proper description as was intended to be transferred and conveyed in the aforesaid deed of trust. ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND, TOGETHER WITH THE IMPROVEMENTS THEREON AND THE APPURTENANCES THEREUNTO BELONGING, SITUATE IN AND BEING ON MOLLYS BRANCH, A TRIBUTARY OF FUQUAYS CREEK OF COAL RIVER IN WASHINGTON DISTRICT OF LINCOLN COUNTY, WEST VIRGINIA, AND BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN EXISTING 1/2” REBAR IN THE SOUTH LIMITS OF AUTUMN DRIVE, SAID POINT ALSO THE EASTERN EDGE OF FIFTEEN FOOT (15’) RIGHT OF WAY, AND THE CORNER OF THIS SUBJECT TRACT HEREIN BEING DESCRIBED AS THOMAS CHAFIN’S THENCE WITH THE DIVISION LINE BETWEEN THE SUBJECT TRACT AND THOMAS CHAFIN, SS. 40 DEG. 38’ W. 115.50 FEET TO AN EXISTING 5/8” IRON PIN; THENCE S. 41 DEG. 17’ E 103.80 FEET TO AN EXISTING IRON PIN AT THE BASE OF A TWIN POPLAR; SAID POINT BEING IN THE WESTERN RIGHT OF WAY OF THE OLD COUNTY ROAD; THENCE LEAVING THOMAS CHAFIN, AND WITH THE OLD COUNTY ROAD, S. 30 DEG. 02’ W. 98.90 FEET TO AN EXISTING 14” SYCAMORE TREE; SAID POINT BEING FURTHER LOCATED AS N. 29 DEG. 54’ E. 57.40 FEET FROM A CONCRETE FILLED 5” PIPE; THENCE BY A LINE OF THE ORIGINAL 0.39 ACRE TRACT, UP THE HILL, N. 42 DEG. 14’ W 167.57 FEET TO A NEW 1/2” REBAR [I.P.] IN THE EASTERN LINE OF AN AFOREMENTIONED 15 FOOT RIGHT OF WAY: THENCE BY A NEW LINE, SEVERING THE ORIGINAL 0.39 ACRE TRACT, WITH THE SAID RIGHT OF WAY, N. 53 DEG. 0’ 35” E. 211.41 FEET TO THE PLACE OF BEGINNING, AND CONTAINING 0.356 ACRE, AND BEING A PORTION OF THE ORIGINAL 0.39 ACRE TRACT, THAT CERTAIN FIFTEEN FOOT RIGHT OF WAY FOR INGRESS AND EGRESS TO THE ABOVE DESCRIBED TRACT OF LAND 0.356 ACRES: BEGINNING AT AN EXISTING 1/2” REBAR AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED 0.36 ACRE TRACT, SAID POINT BEING ALSO CONNECTIVE TO THE SOUTHERN RIGHT OF WAY LIMITS AUTUMN DRIVE; THENCE WITH THE WESTERLY LINE OF THE SAID 0.356 ACRE TRACT BETWEEN TWO LINES BEING 15’ APART, S. 53 DEG. 0’ 35” W. 211.41 FEET TO ITS CONCLUSION AT A NEW 1/2” REBAR, AT THE SOUTHERNMOST LINE OF THE ABOVE-REFERENCED 0.356. THAT CERTAIN FIFTEEN FOOT RIGHT OF WAY FOR INGRESS AND EGRESS TO THE ABOVE DESCRIBED TRACT OF LAND 0.356 ACRES: BEGINNING AT AN EXISTING 1/2” REBAR AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED 0.36 ACRE TRACT, SAID POINT BEING ALSO CONNECTIVE TO THE SOUTHERN RIGHT OF WAY LIMITS AUTUMN DRIVE; THENCE WITH THE WESTERLY LINE OF THE SAID 0.356 ACRE TRACT BETWEEN TWO LINES BEING 15’ APART, S. 53 DEG. 0’ 35” W, 211.41 FEET TO ITS CONCLUSION AT A NEW 1/2” REBAR, AT THE SOUTHERNMOST LINE OF THE ABOVE REFERENCED 0.356; SUBJECT TO ALL EXISTING RESERVATIONS, RESTRICTIONS, AND EASEMENTS CREATED IN PRIOR DEEDS IN THE CHAIN OF TITLE TO THE PROPERTY HEREBY CONVEYED AND SUBJECT FURTHER TO THE LINE OF THE 2004 REAL ESTATE TAXES WHICH SHALL BE PRORATED BETWEEN THE PARTIES HERETO, THE SAID PARTY OF THE FIRST PART COVENANTS TO AND WITH THE SAID PARTY OF THE SESCOND PART, THAT THE PROPERTY HEREIN CONVEYED IS FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES, AND IT WILL WARRANT SPECIALLY THE TITLE TO THE PROPERTY HEREIN CONVEYED. The above-described real estate is reported to have a mailing address of: 105 Lincoln Heights, Alum Creek, WV 25003. TERMS OF SALE: Cash in hand on day of sale or within 30 days of date of sale upon terms to be agreed upon between Trustee and successful bidder, time being of the essence; payment for unpaid real estate taxes to be assumed by the purchaser. The Trustee does not warrant title or fitness to this property; it is being purchased as is; this is a buyer beware sale and any buyer is advised to retain counsel before the sale. If there is any part of the process of sale, which is found to be objectionable, the Trustee reserves the right to cancel the sale. No purchaser should take possession or make improvements in the premises until the Trustee deed is delivered or recorded. A third party purchaser at sale may be required to pay the purchase price plus all recording and transfer fees. Any sale hereunder may be adjourned from time to time without any notice other than oral proclamation at the time and place appointed for this sale or by posting of a notice of same. Should the Trustee not appear at the time appointed for the sale and there is no notice posted of a continuance please contact the office of the Trustee to make further inquiry. Any sale may be conducted or adjourned by the designated agent or attorney of the Trustee. The undersigned is fully vested with the authority to sell said property as Trustee by instrument of record. Should any party have any inquires, objections to the sale or protests regarding the sale, or requests regarding the sale, please notify the trustee below by one of the means of communications set forth below. R. VANCE GOLDEN, III, Trustee 543 Fifth Street, P.O. Box 81 Parkersburg, West Virginia 26102 Telephone (304) 485?3851 Fax (304) 485-0261 E-mail: vgolden@goldenamos.com Lender: Nationstar Mortgage, LLC Processor: Amanda Nolan StanleyJasonDonna.nts / Notices / anolan |
Vol. 91 No. 31
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