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Legal Notices

NOTICE OF TRUSTEES' SALE

A
By virtue of Credit Line Deed of Trust dated August 20, 2007, by and between Jay T. Shearer, Grantor, and W. T. Weber, Jr. and W. T. Weber, III, Trustees, Grantees, which said Credit Line Deed of Trust is of record in the office of the Clerk of the County Commission of Lewis County, West Virginia, in Trust Deed Book 352, at page 117, and by which there was conveyed to said Trustees all of the following tract or parcel of land with the improvements thereon and the appurtenances thereunto belonging, viz:
"A tract or parcel of land lying along Secondary Route 119/12 and being situate on the waters of Dry Fork of Polk Creek in Freemans Creek District, Lewis County, West Virginia, and more particularly described as follows:

"Beginning at a 5/8-inch by 30-inch Reinforcing Rod with a yellow plastic cap stamped, “SLS Monument 462-5634,” hereinafter referred to as a “Rebar” set, on the west side of said Route, from which a 30-inch Black Oak, found down, an original corner to Lot 1 of the parent tracts, bears N 11-32-00 E at 1595.69 feet, and a 6-inch by 12-inch Stone, found in place of a called for Hickory, a corner to Lots 1 & 2 of said parent tracts bears N 19-16-50 W at 1284.08 feet, thence through the parent tracts with four (4) new partition lines; S 15-41-50 W diagonally crossing said Route 119/12 267.52 feet to a Rebar, set on the east side of said Route, thence re-crossing said Route; N 76-58-40 W 173.37 feet to a Rebar, set, thence; N 16-32-00 E 247.83 feet to a Rebar, set, thence; S 83-36-50 E 171.83 feet to the place of beginning, containing a total of 1.01 acres, more or less, however there is hereby reserved 0.09 acres, more or less, contained in the right-of-way of Secondary Route 119/12, thereby leaving a net area of 0.92 acres, more or less, as surveyed by Smith Land Surveying, Inc., in February, 2007, as shown on a Plat of Survey for Jay T. Shearer.

Being a portion of the same two tracts or parcels of land conveyed to Jay T. Shearer from David B. Lang and Connie J. Lang, by deed dated the 27th day of August, 1992, and recorded in the Office of the County Clerk of Lewis County, West Virginia, in Deed Book 404 on Page 357."
B
By virtue of that certain Credit Line Deed of Trust and Security Agreement dated August 20, 2007, made by Red Gas, Inc. to W. T. Weber, Jr., and W. T. Weber, III, Trustees, which said Deed of Trust and Security Agreement is of record in the office of the Clerk of the County Commission of Lewis County, West Virginia, in Trust Deed Book No. 352, at page 123, and by which Credit Line Deed of Trust and Security Agreement there was conveyed to W. T. Weber, Jr. and W. T. Weber, III, Trustees:
all of the following oil and gas wells:
API# WELL NAME WELL PLAT/LOCATION

UTM17, NAD83

47-041-03079 Butcher #1 537647.1E, 4309197.3N

47-041-03673 Butcher #2 540030.3E, 4324245.5N

47-041-04366 Shearer #1 540097.3E, 4323626.7N

47-041-04367 Shearer #2 539688.9E, 4324019.9N

47-041-04368 Shearer #3 539795.6E, 4324483.2N

47-041-04590 Shearer #4 540079.0E, 4324873.4N

47-041-04370 Shearer #5 540411.3E, 4324675.3N

47-041-04371 Shearer #6 540399.1E, 4324312.5N

47-041-04604 Shearer #7 540371.6E, 4323959.0N

47-041-04605 Shearer #8 540127.8E, 4324507.6N

47-041-04606 Shearer #9 540146.1E, 4324004.7N

All intangible personal property in connection with said wells;
All tangible personal property in connection with or pertaining to said wells; and
All oil and gas and other minerals in place, all leases and leasehold rights, development rights, and all other rights concerning said oil and gas in, on and underlying 226.49 acres in Freeman's Creek District, Lewis County, West Virginia described as:
"ITEM I

FIRST

All those certain tracts or parcels of real estate heretofore conveyed to Jay T. Shearer, single, by David B. Lang and Connie J. Lang, his wife, by deed dated August 27, 1992, of record in the office of the Clerk of the County Commission of Lewis County, West Virginia, in Deed Book No. 404, at page 357, in which said deed said tracts or parcels of real estate are bounded, described and conveyed as follows, viz:

"'the following described real estate, situate on the Waters of Wolf Run of Dry Fork of Polk Creek, in Freeman's Creek Magisterial District of Lewis County, West Virginia, and being the same real estate conveyed unto the said Robert C. Shearer and James M. Shearer, two of the parties of the first part by Birk Means and Hope J. Means, by deed bearing date on the 24th day of June, 1958, of record in the Office of the Clerk of the County Commission of Lewis County, West Virginia, in Deed Book No. 253, at page 1, bounded, described and conveyed therein as follows:

"'FIRST: Beginning at a corner of Lot No. 1, in the line of Lot No. 3, and with the latter, S. 85, 45 W., 31.24 poles to the corner of Lot No. 4, thence with the same, N. 76 45 W. 59.76 poles to a stake, an original corner; thence with original lines, N. 1 W. 23.84 poles to a C.O.; N. 52 15 E. 12.9 poles to a stone; N. 56 15 E. 14.75 poles to a C.O.; N 41 30 E. 61.56 poles to a Hickory; a corner to Lot No. 1, thence with the same, S. 28 30 E. 48.4 poles; S. 2 15 E. 33.88 poles; S. 00 15 W. 21 poles to the beginning, containing 35.08 acres, and being Lot No. 2 of the lands of Emmanuel Lee Butcher, deceased.'

"'And for the consideration aforesaid, the said parties of the first part do hereby further grant and convey to the said parties of the second part, all of their rights, title, interest, and estate, in and to the drive- way, in, upon and through the other lands of the late Emmanuel Lee Butcher, now deceased, situate as aforesaid, together with the right to use and enjoy the same in common with the remaining owners of the other parcels and tracts comprising the partition of the Butcher lands, which said drive- way is delineated by dotted lines and described in detail on the plat thereof appearing of record in the Clerk's Office aforesaid, in Deed Book No. 145, at page 237, to which reference is here also made,'

"'The said parties of the first part do hereby further grant, convey, assign and set over to the said parties of the second part, all of the rights and privileges now held and owned by them and each of them, to the free use and user of gas for domestic purposes on said described tract or parcel of land under the terms and provisions of the existing lease of said tract and parcel of land for oil and gas.'

"'There is hereby expressly reserved and excepted from the operation and effect of this conveyance all of the coal, oil and gas, other than the gas embraced within the assignment relating to free gas for domestic purposes, as hereinbefore contained and set forth, in, on and underlying the said tract of 35.08 acres, more or less, hereinbefore described; and further also, there is hereby excepted and reserved, the coal, oil and gas in, on and underlying the boundary comprising the area embraced within the right- of- way or drive- way hereby conveyed; together with the usual and customary rights to lease the same for drilling and mining by the owners of said coal, oil and gas, hereby reserved and excepted from the operation and effect of this conveyance; it being further understood by and between the parties hereto that insofar as the mining of coal on said described tract is concerned, the mining rights hereby reserved and excepted shall pertain and be construed to mean by the 'deep- mine' method, and not by the so called 'open' pit or 'strip- mining' method.'

"'SECOND: Beginning at an original Chestnut, corner to Lot No. 3, and, with said Lot No. 3, S. 49?, 11' W. 70.2 poles to a stake; S. 85?45' W. 33 poles to the corner of Lot No. 2; thence, with the same, N. 00? 15' E. 21 poles; N. 2? 15' W. 33.88 poles; N. 28? 30' W. 48.4 poles to a Hickory, an original line; N. 59? 45' E. 49.68 poles to a B.O.; S. 86? 45' E. 36 poles to a W.O.; S. 55? 15' E. 42.35 poles to a chestnut; S. 6? 15' W. 26.35 poles to a Poplar; S. 1? 45' E. 22.25 poles to the beginning, containing 56.38 acres,'

"'And for the consideration first aforesaid, the said parties of the first part do further grant and convey to the said parties of the second part the way or easement appurtenant to the tract of land immediately hereinbefore described as the "Second" item hereof, for purposes of a drive- way, as shown by the dotted lines on the above- mentioned partition plat of record as aforesaid, in Deed Book No. 145, at page 237.'

"'This conveyance is made subject, in all respects, to those certain exceptions and reservations pertaining to the coal, oil and gas in, on and underlying the tract immediately hereinbefore described, contained and set forth in the deed therefor from D. B. Bailey and Fannie O. Bailey, his wife, James M. Shearer and Birk Means, recorded as aforesaid, in Deed Book No. 207, at page 508, and quoted in the deed of a one- half (1/2) undivided interest in said land from the said James M. Shearer to Birk Means, recorded as aforesaid in Deed Book No. 207, at page 211, at page 153, in manner and form as follows:

"'Excepting and reserving from the operation of this deed and not intended to be conveyed herein, the oil, and gas within and underlying said tract of land, together with mining and operating rights to produce and operate said land for oil and gas; and this deed is made subject to an oil and gas lease now upon said land, and the leasehold rights and interests acquired under said lease, and the right- of- way for pipe lines, as set forth in the decree aforesaid made and entered on the 25th day of March, 1942, in said chancery cause of Earl Schwartzwelder v. Mabel W. Butcher, Administratrix, et al.'

"'The parties of the first part expressly except and reserve from the operation of this deed, and not intended to be conveyed herein, an undivided one- half (1/2 interest in and to the coal in and underlying said tract of land, together with the usual and customary coal mining and operating rights and privileges to mine, explore, produce and market said undivided one- half (1/2) interest in said coal from said land"'.

Upon the consideration aforesaid Jay T. Shearer, grantor, further grants, transfers, assigns, conveys and sets over unto W. T. Weber, Jr. and W. T. Weber, III, Trustees, their successors and assigns the right to have and receive natural gas free of cost for domestic purposes as granted to him in the deed last aforesaid to which reference is here made for a further description of the conveyance thereof.

In the deed aforesaid to Grantor the following reservations and exceptions, subject to which this trust deed is made, appear and are hereinafter set out as follows, viz:

"Upon the consideration aforesaid the Grantors do further grant, transfer, assign and set over unto Jay T. Shearer, party of the second party, all of their right to have and receive natural gas for domestic purposes free of cost from any well or wells now or hereafter situate upon the tracts or parcels of real estate conveyed as part of the parent tract of 225 acres, more or less, from which subject parcels are carved, or otherwise, all insofar as the parties of the first part have the right so to do.

"In the deed aforesaid to Grantors the following reservations and exceptions, subject to which this deed is made, appear and are hereinafter set out as follows, viz:

"'It is expressly understood and agreed by and between the parties hereto that the grant herein contained is made subject to the reservations and exceptions aforesaid contained in the chain of title to the real estate hereby conveyed and to all rights of way or easements and other servitudes, if any, granted and made by the Grantors herein.'"

"It is further expressly understood and agreed by and between the parties hereto that the grant herein contained is made subject to all other reservations, exceptions, limitations, conditions, rights of way or easements, and other servitudes, if any, made, retained or otherwise created by the deeds or other instruments constituting the record chain of title to the real estate herein and hereby conveyed."

SECOND

All those other two certain tracts or parcels of land, part of the real estate heretofore conveyed to Jay T. Shearer as Jay Thomas Shearer by Beverly A. Shearer, single, by deed dated April 30, 1991, of record in said Clerk's office in Deed Book No. 501, at page 700, in which deed said tracts or parcels of land are bounded, described and conveyed as follows, viz:

"...those certain adjoining tracts or parcels of real estate together with the appurtenances thereunto belonging, situate in Freeman's Creek District, Lewis County, West Virginia, more particularly bounded and described as follows:

"FIRST: A tract of land, situate as aforesaid, and lying on the left hand branch of Wolf Run of Dry Fork of Polk Creek, and bounded as follows: Beginning at W. O., an original corner to Lot No. 5, and with said original lines, S. 00 15 E. 33.66 poles to B. O.; thence S. 14 15 W. 40.7 poles to W. O.; thence S. 5 15 E. 16 poles to an Ash; thence N. 57 30 W. 41.21 poles to rock and Hickory; thence S. 89 W. 10 poles to W.O.; thence S. 83 45 W. 26.78 poles to Sourwood; thence N. 36 15 W. 34.18 poles to Poplar; thence N. 24 15 W. 37.45 poles to Poplar; thence N. 11 15 W. 11.75 poles to Walnut, corner to Lot No. 5, and thence with line of same, east 120 poles to the beginning, containing forty- six and three- hundredth (46.03) acres, more or less, and being Lot No. 6 as designated in the partition of the M. L. Butcher lands involved in the chancery cause of Gay Henline and Cora Butcher vs. Scott Butcher, et als, lately pending in the Circuit Court of the said County of Lewis, which partition was confirmed by decree of said Court, made and entered on March 23rd, 1935.

"There is specifically reserved and excepted from the operation of the conveyance of the First Parcel 10.10 acres, more or less, more specifically bounded and described as follows:

"'Beginning at a Sourwood, an original corner in the fence, on the ridge, a common corner to Dorothy Irene Cox, Irene Queen and Lewis Linger; thence, with a line with Linger, N 36 15' W 430 feet to a point; thence, with the three lines through the Queen property, N 75 031 29" E 940.4 feet to a pin set in the center of Lewis County State Local Service Route 119/12; thence, with the said road S 31 30' E 578 feet to a pin set in the center of said road; thence, leaving the said road, S 89 39' W. 355.64 feet to a fence corner post (stone and Hickory called for gone) a common corner to Dorothy Irene Cox' thence, with two lines with Cox, S 89 W 265 feet to a white Oak; Thence, S 83 45' W 441.27 feet to the point of beginning, containing 10.10 acres, more or less, as surveyed in December, 1988, by Walter G. Gilbertson, Registered Engineer.'"

"SECOND: Another tract of land, situate as first aforesaid, and lying on said Wolf Run of Dry Fork of Polk Creek, bounded as follows: Beginning at stake in an original line, corner to Lot No. 4, and with original line, S. 10 30 W. 56.28 poles to W. O., corner to Lot No. 6; thence with same west 120 poles to Walnut in an original line; thence with the same, N. 11 15 W. 2 poles to Walnut; N. 39 15 W. 10.45 poles to Dogwood, N. 47 15 W. 19.69 poles to Butternut; N. 30 15 W. 5.2 poles to stake, corner to Lot No. 4; thence with the same N. 68 30 E. 32.6 poles; N. 86 E. 20 poles; N. 78 45 E. 4 poles; S. 70 E. 6 poles and N. 81 E. 97 poles to the beginning, containing thirty- eight (38) acres, more or less, and being Lot No. 5 as designated in the partition of said M. L. Butcher Lands involved in said chancery cause."

In the deed last aforesaid the following reservations and exceptions, subject to which this trust deed is made, appears and is hereinafter set out as follows, viz:

"This conveyance is made subject to the following reservation and exception, which appeared in the aforesaid deed:

"'There is excepted and reserved from the conveyance a right of way having been granted unto Irene P. Queen, widow, by James M. Shearer, bearing date the 20th day of April, 1989, not yet of record, but to be recorded immediately prior to or contemporaneous with this transaction.'"

"This deed is made subject to any and all rights of way, easements, restrictions, limitations or encumbrances that may be in grantor's chain of title as if those said rights of way, easements, restrictions, limitations or encumbrances were herein set out in full."
THIRD

All that certain lot or parcel of real estate heretofore conveyed to Jay T. Shear grantor, by Irene P. Queen. widow, by deed dated March 24, 1993, of record in said Clerk's office in Deed Book No. 508, at page 695, in which said deed said lot or parcel of real estate is bounded, described and conveyed as follows, viz:

"...all of that certain tract or parcel of real estate, situate in Freeman's Creek District, Lewis County, West Virginia, bounded and described as follows:

"BEGINNING at a Sourwood, an original corner in the fence, on the ridge, a common corner to Dorothy Irene Cox, Irene Queen and Lewis Linger; thence, with a line with Linger, N. 36 15' W. 430 feet to a point; thence, with the three lines through the Queen property, N. 75 03' 29" E. 940.4 feet to a pin set in the center of Lewis County State Local Service Route 119/12; thence, with the said road S. 31 30' E. 578 feet to a pin set in the center of said road; thence, leaving the said road, S. 89 39' W. 355.64 feet to a fence corner post (stone and Hickory called for gone) a common corner to Dorothy Irene Cox; thence, with two lines with Cox, S. 89 W. 165 feet to a white oak; thence, S. 83 45' W. 441.27 feet to the point of beginning, containing 10.10 acres, more or less."

In the deed aforesaid to Grantor the following reservations and exceptions, subject to which this trust deed is made, appear and are hereinafter set out as follows, viz:

"'It is expressly agreed and understood between the parties hereto that the said party of the first part reserves and does not convey all the coal, oil and gas, in, on and under the land hereby conveyed, together with all the mining and operating privileges necessary and convenient for the mining, drilling, operating and removal of all of the said coal, oil and gas, without liability for damages to the surface of said land or any thing thereon or thereunder by reason thereof, and it is further agreed and understood that this deed is made and accepted subject to an oil and gas lease now on said premises, together with all rights and privileges heretofore granted for pipe lines and other privileges heretofore granted for pipe lines and other privileges in connection with the drilling and operating oil and gas wells.'

"This deed is made subject to all and singular the conditions, rights of way, restrictions, exceptions, reservations and limitations as contained in all other prior deeds or instruments conveying the said real estate as though set out herein in extenso."


FOURTH

All that certain other tract or parcel of real estate heretofore conveyed to Jay T. Shearer, by Floda V. Rexroad by deed dated on the 7th day of April, 1994, of record in said Clerk's in Deed Book No. 517, at page 572, in which said deed said tract or parcel of real estate is bounded, described and conveyed as follows, viz:

"...the surface only of that certain tract or parcel of land, with its appurtenances, situate on Wolfe Run of Dry Fork of Polk Creek, in Freeman's Creek District, Lewis County, West Virginia, bounded and described as follows:

"BEGINNING in an original line, corner to Lot No. 2 as designated in the cause of Gay Henline and Cora Butcher vs. Scott Butcher, and others, lately pending in the Circuit Court of the said County of Lewis, and running thence with same, S. 76 45 E. 59.76 poles to corner of Lot No. 3; thence with same, S. 4 E. 35 poles; N. 78 45 E. 64.24 poles and N. 4 W. 27.12 poles to stake, corner of Lot No. 1; thence with same, N. 49 11 E. 70.2 poles to chestnut in original corner; thence S. 79 45 E. 3.87 poles to W.O. ; thence S. 10 30 W. 75 poles to corner of Lot No. 5; thence with same, S. 81 W. 97 poles; N. 70 W. 6 poles; S. 78 45 W. 4 poles; S. 86 W. 20 poles; S. 68 30 W. 32.6 poles to stake in original line; thence with original lines, N. 30 15 W. 25.04 poles to C.O.; N. 1 15 W. 12.6 poles to C.O.; N. 12- 1/4 E. 10.24 poles to J.0., and N. 3 E. 20.6 poles to the beginning, containing thirty- eight and five- tenths (38.5) acres, more or less.

In the deed aforesaid to Grantor the following reservations and exceptions, subject to which this trust deed is made, appear and are hereinafter set out as follows, viz:

"There is excepted and reserved from the operation of this deed and not hereby conveyed all of the coal, oil, gas and other minerals heretofore excepted and reserved by former deeds and conveyances; also, the said Grantor excepts and reserves from the operation of this deed and the same are not hereby conveyed, all of their interest in and to the coal, oil gas and other minerals within, on and underlying the hereinabove described real estate.

"This deed is made subject to all and singular the conditions, rights of way, restrictions, exceptions, reservations and limitations as contained in all other prior deeds or instruments conveying the said real estate as though set out herein in extenso."


ITEM II

All that certain tract or parcel of real estate heretofore conveyed to Jay T. Shearer by Beverly A. Wyant and Gerald P. Wyant, her husband, by deed dated June 28, 1999, of record in said Clerk's office in Deed Book No. 556, at page 576, in which said deed said tract or parcel of real estate is bounded, described and conveyed as follows, viz:

"FIRST: An undivided one-half interest in and to the oil and gas and all of the coal on and underlying that certain tract or parcel of real estate situate on the waters of Crooked Run, a branch of Leading Creek, Court House District, Lewis County, West Virginia, and more particularly bounded and described as follows: BEGINNING at a stone on Anthony Stark's line, thence S. 4-1/2 W. 157 poles to a Gum; N. 65 E. 91 poles to a Beech; N. 38 E. 70 poles to a Chestnut, Lawrence Schuttretter's corner; thence with three lines of same, N. 35-1/2 W. 21-3/4 poles to two Black Oaks; N. 66 W. 28 poles to a Chestnut Oak; N. 3 W. 26 poles to a Chestnut Oak; thence with Anthony Stark's line, N. 86-3/4 W. 72 poles to the beginning, containing 81 acres, 2 roods and 19 poles, and"

"SECOND: That certain tract or parcel of real estate, with appurtenances thereunto belonging, situate on Wolfe Pen Run, of Polk Creek, Freeman's Creek District, Lewis County, West Virginia, and bounded and described as follows: Beginning at a stake, a corner to Lot No. 4 and No. 2, and with the latter and Lot No. 1, N. 85 45 E. 64.24 poles to a corner of Lot No. 1, and No. 4, thence with the latter, S. 4 E. 27.12 poles; S. 78 45 W. 64.24 poles; N. 4 W. 35 poles to the beginning, containing 12.5 acres, and being designated as Lot No. 3 according to a Plat made by M. L. B. Linger, Civil Engineer, as shown on said Plat;"

"With respect to this parcel of land the following reservations and exceptions appear in the deed aforesaid and this trust deed is made subject thereto.

"It is fully understood and agreed by and between the parties hereto that there is reserved and excepted from the operation of this deed and not herein conveyed the coal and the interest of the parties of the first part, being an undivided one-eighth interest, in the oil and gas in, on and underlying the said lot or parcel of real estate herein conveyed for the said parties of the first part and the survivor of them.

"It is further distinctly understood by and between the parties hereto that there is reserved during the natural lives of the parties of the first part, and the survivor of them, for their use and benefit, that certain room on the first floor of the residence property between the front and back porch of said house; and that possession of the real estate hereby conveyed shall be given to the said parties of the second part within a period of thirty days from the date of the execution of this deed."

"THIRD: All right, title and interest in and to the coal, oil and gas, in, on and under that certain tract or parcel of real estate, situate on Wolf Pen Run, of Polk Creek, in Freeman's Creek District, Lewis County, West Virginia, and bounded and described as follows: Beginning at a stake, a corner to Lot No. 4 and Lot No. 2 and with the latter and Lot No. 1, N. 85 45 E. 64.24 poles to a corner of Lot No. 1, and No. 4; thence with the latter, S. 4 E. 27.12 poles; S. 78 45 W. 64.24 poles; thence N. 4 W. 35 poles to the beginning, containing 12.5 acres, and being designated as Lot No. 3 according to the plat made by M. L. B. Linger, Civil Engineer, as shown on said plat;"

"FOURTH: An undivided one-eighth (1/8th) interest in and to the coal, oil and gas, in, on and underlying that certain lot or parcel of land situate on the waters of Murphy's Creek in Court House District, Lewis County, West Virginia, bounded and described as follows: Beginning at a stone and chestnut corner to the Camden Estate between Murphy's Creek and Polk Creek; thence S. 31 E. 21-2/10 poles to a Dogwood and Stone; thence S. 58 2 E. 32 poles to a stone, corner to Lot No. 2; thence with line of same N. 46 E. 65 poles crossing the Run to a stone; thence N. 44 W. 67 poles to a stone in Camden's line; thence with said line N. 69 2 E. 65 poles to the beginning, containing twenty-three (23) acres, more or less."

The wells aforesaid, leasehold estates, and all of the right, title and interest of Jay T. Shearer in and to the oil and gas in, on and underlying the 226.49 acres aforesaid having been granted and assigned to Red Gas, Inc. by Jay T. Shearer dba Red Gas Company, by Assignment dated August 20, 2007, of record in said Clerk's office in Deed Book 619, at page 592, and by Assignment of Jay T. Shearer dba Red Gas Company to Red Gas, Inc. by Assignment dated October 18, 2002, of record in said Clerk's office, to all of which reference is here made as if set forth verbatim and in toto.
C
Further, Red Gas, Inc. by Security Agreement dated August 20, 2007, granted a security interest in all of its right, title and interest in the oil and gas wells and oil and gas leases and:
"all leases, leasehold estates, gas and oil production, royalties, overriding royalties, working interests, net profits interest, revenue interest and production proceeds pertaining thereto or produced therefrom.

Said Security Agreement was perfected by the filing of a UCC Financing Statement 20070083474 and 201238622102"

set forth above in "B" to which reference is here made as if set forth here verbatim and in toto.
The aforesaid properties were conveyed by Red Gas, Inc. and Jay T. Shearer, as aforesaid, to secure the Citizens Bank of Weston, Inc., in the payment of that certain note recited and described in said Credit Line Deed of Trust, Credit Line Deed of Trust and Security Agreement, and Security Agreement, and all amendments, replacements or renewals thereof, and which said note, and/or renewals and/or replacements thereof, being long since due and payable, and default having been made in the payment thereof, the undersigned Trustees, having been requested so to do, will, on the 26th day of August, 2016 at 10:30 a.m. at the front door of the Courthouse of Lewis County, in the City of Weston, Lewis County, West Virginia, sell to the highest and best bidder, for cash in hand on day of sale, the hereinbefore described properties. The deed and instruments of transfer which will be delivered by said Trustees at the time of sale will be made subject to such exceptions, reservations, outsales, limitations, conditions, rights of way, easements and other servitudes, if any, contained in the chain of title to the real estate and personal property aforesaid and subject to all unpaid ad valorem taxes.
Terms of Sale:
1. The property will be conveyed in an "AS IS" physical condition by Deed containing no warranty, express or implied, and subject to unpaid and/or assessed 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 West Virginia Code § 11-22-2.
3. All real estate and personal property taxes due and which become hereafter due will be the responsibility of the purchaser.
4. The Beneficiary of the Credit Line Deed of Trust, Credit Line Deed of Trust and Security Agreement, Security Agreement, and Note reserves the right to submit a bid for the property or any part thereof at sale.
5. The Trustees reserve 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.
6. The Trustees shall be under no duty to cause any existing tenant or person occupying the property to vacate the 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.
7. The total purchase price is payable to the Trustees by cashier's check, cash or the equivalent on the day of sale. There will be no refund granted of any amount if the purchaser elects not to purchase the property for any reason.
W. T. WEBER, JR., Trustee
W. T. WEBER, III, Trustee 15-2


NOTICE OF TRUSTEES' SALE

By virtue of that certain deed of trust dated June 22, 2007, made by Jay T. Shearer, to W. T. Weber, Jr., and W. T. Weber, III, Trustees, which said deed of trust is of record in the office of the Clerk of the County Commission of Lewis County, West Virginia, in Trust Deed Book No. 350, at page 321, and by which said deed of trust there was conveyed to W. T. Weber, Jr. and W. T. Weber, III, Trustees, all of the following tracts or parcels of real estate, together with the improvements thereon and appurtenances thereunto belonging, more particularly described in said deed of trust as follows:
"ITEM I

FIRST

All those certain tracts or parcels of real estate heretofore conveyed to Jay T. Shearer, single, by David B. Lang and Connie J. Lang, his wife, by deed dated August 27, 1992, of record in the office of the Clerk of the County Commission of Lewis County, West Virginia, in Deed Book No. 404, at page 357, in which said deed said tracts or parcels of real estate are bounded, described and conveyed as follows, viz:

"'the following described real estate, situate on the Waters of Wolf Run of Dry Fork of Polk Creek, in Freeman's Creek Magisterial District of Lewis County, West Virginia, and being the same real estate conveyed unto the said Robert C. Shearer and James M. Shearer, two of the parties of the first part by Birk Means and Hope J. Means, by deed bearing date on the 24th day of June, 1958, of record in the Office of the Clerk of the County Commission of Lewis County, West Virginia, in Deed Book No. 253, at page 1, bounded, described and conveyed therein as follows:

"'FIRST: Beginning at a corner of Lot No. 1, in the line of Lot No. 3, and with the latter, S. 85, 45 W., 31.24 poles to the corner of Lot No. 4, thence with the same, N. 76 45 W. 59.76 poles to a stake, an original corner; thence with original lines, N. 1 W. 23.84 poles to a C.O.; N. 52 15 E. 12.9 poles to a stone; N. 56 15 E. 14.75 poles to a C.O.; N 41 30 E. 61.56 poles to a Hickory; a corner to Lot No. 1, thence with the same, S. 28 30 E. 48.4 poles; S. 2 15 E. 33.88 poles; S. 00 15 W. 21 poles to the beginning, containing 35.08 acres, and being Lot No. 2 of the lands of Emmanuel Lee Butcher, deceased.'

"'And for the consideration aforesaid, the said parties of the first part do hereby further grant and convey to the said parties of the second part, all of their rights, title, interest, and estate, in and to the drive- way, in, upon and through the other lands of the late Emmanuel Lee Butcher, now deceased, situate as aforesaid, together with the right to use and enjoy the same in common with the remaining owners of the other parcels and tracts comprising the partition of the Butcher lands, which said drive- way is delineated by dotted lines and described in detail on the plat thereof appearing of record in the Clerk's Office aforesaid, in Deed Book No. 145, at page 237, to which reference is here also made,'

"'The said parties of the first part do hereby further grant, convey, assign and set over to the said parties of the second part, all of the rights and privileges now held and owned by them and each of them, to the free use and user of gas for domestic purposes on said described tract or parcel of land under the terms and provisions of the existing lease of said tract and parcel of land for oil and gas.'

"'There is hereby expressly reserved and excepted from the operation and effect of this conveyance all of the coal, oil and gas, other than the gas embraced within the assignment relating to free gas for domestic purposes, as hereinbefore contained and set forth, in, on and underlying the said tract of 35.08 acres, more or less, hereinbefore described; and further also, there is hereby excepted and reserved, the coal, oil and gas in, on and underlying the boundary comprising the area embraced within the right- of- way or drive- way hereby conveyed; together with the usual and customary rights to lease the same for drilling and mining by the owners of said coal, oil and gas, hereby reserved and excepted from the operation and effect of this conveyance; it being further understood by and between the parties hereto that insofar as the mining of coal on said described tract is concerned, the mining rights hereby reserved and excepted shall pertain and be construed to mean by the 'deep- mine' method, and not by the so called 'open' pit or 'strip- mining' method.'

"'SECOND: Beginning at an original Chestnut, corner to Lot No. 3, and, with said Lot No. 3, S. 49?, 11' W. 70.2 poles to a stake; S. 85?45' W. 33 poles to the corner of Lot No. 2; thence, with the same, N. 00? 15' E. 21 poles; N. 2? 15' W. 33.88 poles; N. 28? 30' W. 48.4 poles to a Hickory, an original line; N. 59? 45' E. 49.68 poles to a B.O.; S. 86? 45' E. 36 poles to a W.O.; S. 55? 15' E. 42.35 poles to a chestnut; S. 6? 15' W. 26.35 poles to a Poplar; S. 1? 45' E. 22.25 poles to the beginning, containing 56.38 acres,'

"'And for the consideration first aforesaid, the said parties of the first part do further grant and convey to the said parties of the second part the way or easement appurtenant to the tract of land immediately hereinbefore described as the "Second" item hereof, for purposes of a drive- way, as shown by the dotted lines on the above- mentioned partition plat of record as aforesaid, in Deed Book No. 145, at page 237.'

"'This conveyance is made subject, in all respects, to those certain exceptions and reservations pertaining to the coal, oil and gas in, on and underlying the tract immediately hereinbefore described, contained and set forth in the deed therefor from D. B. Bailey and Fannie O. Bailey, his wife, James M. Shearer and Birk Means, recorded as aforesaid, in Deed Book No. 207, at page 508, and quoted in the deed of a one- half (1/2) undivided interest in said land from the said James M. Shearer to Birk Means, recorded as aforesaid in Deed Book No. 207, at page 211, at page 153, in manner and form as follows:

"'Excepting and reserving from the operation of this deed and not intended to be conveyed herein, the oil, and gas within and underlying said tract of land, together with mining and operating rights to produce and operate said land for oil and gas; and this deed is made subject to an oil and gas lease now upon said land, and the leasehold rights and interests acquired under said lease, and the right- of- way for pipe lines, as set forth in the decree aforesaid made and entered on the 25th day of March, 1942, in said chancery cause of Earl Schwartzwelder v. Mabel W. Butcher, Administratrix, et al.'

"'The parties of the first part expressly except and reserve from the operation of this deed, and not intended to be conveyed herein, an undivided one- half (1/2 interest in and to the coal in and underlying said tract of land, together with the usual and customary coal mining and operating rights and privileges to mine, explore, produce and market said undivided one- half (1/2) interest in said coal from said land"'.

Upon the consideration aforesaid Jay T. Shearer, grantor, further grants, transfers, assigns, conveys and sets over unto W. T. Weber, Jr. and W. T. Weber, III, Trustees, their successors and assigns the right to have and receive natural gas free of cost for domestic purposes as granted to him in the deed last aforesaid to which reference is here made for a further description of the conveyance thereof.

In the deed aforesaid to Grantor the following reservations and exceptions, subject to which this trust deed is made, appear and are hereinafter set out as follows, viz:

"Upon the consideration aforesaid the Grantors do further grant, transfer, assign and set over unto Jay T. Shearer, party of the second party, all of their right to have and receive natural gas for domestic purposes free of cost from any well or wells now or hereafter situate upon the tracts or parcels of real estate conveyed as part of the parent tract of 225 acres, more or less, from which subject parcels are carved, or otherwise, all insofar as the parties of the first part have the right so to do.

"In the deed aforesaid to Grantors the following reservations and exceptions, subject to which this deed is made, appear and are hereinafter set out as follows, viz:

"'It is expressly understood and agreed by and between the parties hereto that the grant herein contained is made subject to the reservations and exceptions aforesaid contained in the chain of title to the real estate hereby conveyed and to all rights of way or easements and other servitudes, if any, granted and made by the Grantors herein.'"

"It is further expressly understood and agreed by and between the parties hereto that the grant herein contained is made subject to all other reservations, exceptions, limitations, conditions, rights of way or easements, and other servitudes, if any, made, retained or otherwise created by the deeds or other instruments constituting the record chain of title to the real estate herein and hereby conveyed."

SECOND

All those other two certain tracts or parcels of land, part of the real estate heretofore conveyed to Jay T. Shearer as Jay Thomas Shearer by Beverly A. Shearer, single, by deed dated April 30, 1991, of record in said Clerk's office in Deed Book No. 501, at page 700, in which deed said tracts or parcels of land are bounded, described and conveyed as follows, viz:

"...those certain adjoining tracts or parcels of real estate together with the appurtenances thereunto belonging, situate in Freeman's Creek District, Lewis County, West Virginia, more particularly bounded and described as follows:

"FIRST: A tract of land, situate as aforesaid, and lying on the left hand branch of Wolf Run of Dry Fork of Polk Creek, and bounded as follows: Beginning at W. O., an original corner to Lot No. 5, and with said original lines, S. 00 15 E. 33.66 poles to B. O.; thence S. 14 15 W. 40.7 poles to W. O.; thence S. 5 15 E. 16 poles to an Ash; thence N. 57 30 W. 41.21 poles to rock and Hickory; thence S. 89 W. 10 poles to W.O.; thence S. 83 45 W. 26.78 poles to Sourwood; thence N. 36 15 W. 34.18 poles to Poplar; thence N. 24 15 W. 37.45 poles to Poplar; thence N. 11 15 W. 11.75 poles to Walnut, corner to Lot No. 5, and thence with line of same, east 120 poles to the beginning, containing forty- six and three- hundredth (46.03) acres, more or less, and being Lot No. 6 as designated in the partition of the M. L. Butcher lands involved in the chancery cause of Gay Henline and Cora Butcher vs. Scott Butcher, et als, lately pending in the Circuit Court of the said County of Lewis, which partition was confirmed by decree of said Court, made and entered on March 23rd, 1935.

"There is specifically reserved and excepted from the operation of the conveyance of the First Parcel 10.10 acres, more or less, more specifically bounded and described as follows:

"'Beginning at a Sourwood, an original corner in the fence, on the ridge, a common corner to Dorothy Irene Cox, Irene Queen and Lewis Linger; thence, with a line with Linger, N 36 15' W 430 feet to a point; thence, with the three lines through the Queen property, N 75 031 29" E 940.4 feet to a pin set in the center of Lewis County State Local Service Route 119/12; thence, with the said road S 31 30' E 578 feet to a pin set in the center of said road; thence, leaving the said road, S 89 39' W. 355.64 feet to a fence corner post (stone and Hickory called for gone) a common corner to Dorothy Irene Cox' thence, with two lines with Cox, S 89 W 265 feet to a white Oak; Thence, S 83 45' W 441.27 feet to the point of beginning, containing 10.10 acres, more or less, as surveyed in December, 1988, by Walter G. Gilbertson, Registered Engineer.'"

"SECOND: Another tract of land, situate as first aforesaid, and lying on said Wolf Run of Dry Fork of Polk Creek, bounded as follows: Beginning at stake in an original line, corner to Lot No. 4, and with original line, S. 10 30 W. 56.28 poles to W. O., corner to Lot No. 6; thence with same west 120 poles to Walnut in an original line; thence with the same, N. 11 15 W. 2 poles to Walnut; N. 39 15 W. 10.45 poles to Dogwood, N. 47 15 W. 19.69 poles to Butternut; N. 30 15 W. 5.2 poles to stake, corner to Lot No. 4; thence with the same N. 68 30 E. 32.6 poles; N. 86 E. 20 poles; N. 78 45 E. 4 poles; S. 70 E. 6 poles and N. 81 E. 97 poles to the beginning, containing thirty- eight (38) acres, more or less, and being Lot No. 5 as designated in the partition of said M. L. Butcher Lands involved in said chancery cause."

In the deed last aforesaid the following reservations and exceptions, subject to which this trust deed is made, appears and is hereinafter set out as follows, viz:

"This conveyance is made subject to the following reservation and exception, which appeared in the aforesaid deed:

"'There is excepted and reserved from the conveyance a right of way having been granted unto Irene P. Queen, widow, by James M. Shearer, bearing date the 20th day of April, 1989, not yet of record, but to be recorded immediately prior to or contemporaneous with this transaction.'"

"This deed is made subject to any and all rights of way, easements, restrictions, limitations or encumbrances that may be in grantor's chain of title as if those said rights of way, easements, restrictions, limitations or encumbrances were herein set out in full."

THIRD

All that certain lot or parcel of real estate heretofore conveyed to Jay T. Shear grantor, by Irene P. Queen. widow, by deed dated March 24, 1993, of record in said Clerk's office in Deed Book No. 508, at page 695, in which said deed said lot or parcel of real estate is bounded, described and conveyed as follows, viz:

"...all of that certain tract or parcel of real estate, situate in Freeman's Creek District, Lewis County, West Virginia, bounded and described as follows:

"BEGINNING at a Sourwood, an original corner in the fence, on the ridge, a common corner to Dorothy Irene Cox, Irene Queen and Lewis Linger; thence, with a line with Linger, N. 36 15' W. 430 feet to a point; thence, with the three lines through the Queen property, N. 75 03' 29" E. 940.4 feet to a pin set in the center of Lewis County State Local Service Route 119/12; thence, with the said road S. 31 30' E. 578 feet to a pin set in the center of said road; thence, leaving the said road, S. 89 39' W. 355.64 feet to a fence corner post (stone and Hickory called for gone) a common corner to Dorothy Irene Cox; thence, with two lines with Cox, S. 89 W. 165 feet to a white oak; thence, S. 83 45' W. 441.27 feet to the point of beginning, containing 10.10 acres, more or less."

In the deed aforesaid to Grantor the following reservations and exceptions, subject to which this trust deed is made, appear and are hereinafter set out as follows, viz:

"'It is expressly agreed and understood between the parties hereto that the said party of the first part reserves and does not convey all the coal, oil and gas, in, on and under the land hereby conveyed, together with all the mining and operating privileges necessary and convenient for the mining, drilling, operating and removal of all of the said coal, oil and gas, without liability for damages to the surface of said land or any thing thereon or thereunder by reason thereof, and it is further agreed and understood that this deed is made and accepted subject to an oil and gas lease now on said premises, together with all rights and privileges heretofore granted for pipe lines and other privileges heretofore granted for pipe lines and other privileges in connection with the drilling and operating oil and gas wells.'

"This deed is made subject to all and singular the conditions, rights of way, restrictions, exceptions, reservations and limitations as contained in all other prior deeds or instruments conveying the said real estate as though set out herein in extenso."

FOURTH

All that certain other tract or parcel of real estate heretofore conveyed to Jay T. Shearer, by Floda V. Rexroad by deed dated on the 7th day of April, 1994, of record in said Clerk's in Deed Book No. 517, at page 572, in which said deed said tract or parcel of real estate is bounded, described and conveyed as follows, viz:

"...the surface only of that certain tract or parcel of land, with its appurtenances, situate on Wolfe Run of Dry Fork of Polk Creek, in Freeman's Creek District, Lewis County, West Virginia, bounded and described as follows:

"BEGINNING in an original line, corner to Lot No. 2 as designated in the cause of Gay Henline and Cora Butcher vs. Scott Butcher, and others, lately pending in the Circuit Court of the said County of Lewis, and running thence with same, S. 76 45 E. 59.76 poles to corner of Lot No. 3; thence with same, S. 4 E. 35 poles; N. 78 45 E. 64.24 poles and N. 4 W. 27.12 poles to stake, corner of Lot No. 1; thence with same, N. 49 11 E. 70.2 poles to chestnut in original corner; thence S. 79 45 E. 3.87 poles to W.O. ; thence S. 10 30 W. 75 poles to corner of Lot No. 5; thence with same, S. 81 W. 97 poles; N. 70 W. 6 poles; S. 78 45 W. 4 poles; S. 86 W. 20 poles; S. 68 30 W. 32.6 poles to stake in original line; thence with original lines, N. 30 15 W. 25.04 poles to C.O.; N. 1 15 W. 12.6 poles to C.O.; N. 12- 1/4 E. 10.24 poles to J.0., and N. 3 E. 20.6 poles to the beginning, containing thirty- eight and five- tenths (38.5) acres, more or less.

In the deed aforesaid to Grantor the following reservations and exceptions, subject to which this trust deed is made, appear and are hereinafter set out as follows, viz:

"There is excepted and reserved from the operation of this deed and not hereby conveyed all of the coal, oil, gas and other minerals heretofore excepted and reserved by former deeds and conveyances; also, the said Grantor excepts and reserves from the operation of this deed and the same are not hereby conveyed, all of their interest in and to the coal, oil gas and other minerals within, on and underlying the hereinabove described real estate.

"This deed is made subject to all and singular the conditions, rights of way, restrictions, exceptions, reservations and limitations as contained in all other prior deeds or instruments conveying the said real estate as though set out herein in extenso."

ITEM II

All that certain tract or parcel of real estate heretofore conveyed to Jay T. Shearer by Beverly A. Wyant and Gerald P. Wyant, her husband, by deed dated June 28, 1999, of record in said Clerk's office in Deed Book No. 556, at page 576, in which said deed said tract or parcel of real estate is bounded, described and conveyed as follows, viz:

"FIRST: An undivided one-half interest in and to the oil and gas and all of the coal on and underlying that certain tract or parcel of real estate situate on the waters of Crooked Run, a branch of Leading Creek, Court House District, Lewis County, West Virginia, and more particularly bounded and described as follows: BEGINNING at a stone on Anthony Stark's line, thence S. 4-1/2 W. 157 poles to a Gum; N. 65 E. 91 poles to a Beech; N. 38 E. 70 poles to a Chestnut, Lawrence Schuttretter's corner; thence with three lines of same, N. 35-1/2 W. 21-3/4 poles to two Black Oaks; N. 66 W. 28 poles to a Chestnut Oak; N. 3 W. 26 poles to a Chestnut Oak; thence with Anthony Stark's line, N. 86-3/4 W. 72 poles to the beginning, containing 81 acres, 2 roods and 19 poles, and"

"SECOND: That certain tract or parcel of real estate, with appurtenances thereunto belonging, situate on Wolfe Pen Run, of Polk Creek, Freeman's Creek District, Lewis County, West Virginia, and bounded and described as follows: Beginning at a stake, a corner to Lot No. 4 and No. 2, and with the latter and Lot No. 1, N. 85 45 E. 64.24 poles to a corner of Lot No. 1, and No. 4, thence with the latter, S. 4 E. 27.12 poles; S. 78 45 W. 64.24 poles; N. 4 W. 35 poles to the beginning, containing 12.5 acres, and being designated as Lot No. 3 according to a Plat made by M. L. B. Linger, Civil Engineer, as shown on said Plat;"

"With respect to this parcel of land the following reservations and exceptions appear in the deed aforesaid and this trust deed is made subject thereto.

"It is fully understood and agreed by and between the parties hereto that there is reserved and excepted from the operation of this deed and not herein conveyed the coal and the interest of the parties of the first part, being an undivided one-eighth interest, in the oil and gas in, on and underlying the said lot or parcel of real estate herein conveyed for the said parties of the first part and the survivor of them.

"It is further distinctly understood by and between the parties hereto that there is reserved during the natural lives of the parties of the first part, and the survivor of them, for their use and benefit, that certain room on the first floor of the residence property between the front and back porch of said house; and that possession of the real estate hereby conveyed shall be given to the said parties of the second part within a period of thirty days from the date of the execution of this deed."

"THIRD: All right, title and interest in and to the coal, oil and gas, in, on and under that certain tract or parcel of real estate, situate on Wolf Pen Run, of Polk Creek, in Freeman's Creek District, Lewis County, West Virginia, and bounded and described as follows: Beginning at a stake, a corner to Lot No. 4 and Lot No. 2 and with the latter and Lot No. 1, N. 85 45 E. 64.24 poles to a corner of Lot No. 1, and No. 4; thence with the latter, S. 4 E. 27.12 poles; S. 78 45 W. 64.24 poles; thence N. 4 W. 35 poles to the beginning, containing 12.5 acres, and being designated as Lot No. 3 according to the plat made by M. L. B. Linger, Civil Engineer, as shown on said plat;"

"FOURTH: An undivided one-eighth (1/8th) interest in and to the coal, oil and gas, in, on and underlying that certain lot or parcel of land situate on the waters of Murphy's Creek in Court House District, Lewis County, West Virginia, bounded and described as follows: Beginning at a stone and chestnut corner to the Camden Estate between Murphy's Creek and Polk Creek; thence S. 31 E. 21-2/10 poles to a Dogwood and Stone; thence S. 58 2 E. 32 poles to a stone, corner to Lot No. 2; thence with line of same N. 46 E. 65 poles crossing the Run to a stone; thence N. 44 W. 67 poles to a stone in Camden's line; thence with said line N. 69 2 E. 65 poles to the beginning, containing twenty-three (23) acres, more or less."

EXCEPTING, EXCLUDING, RESERVING AND ABATING from the parcels described under Item I, First, aforesaid all that certain part or parcel thereof heretofore leased and let unto Red Gas, Inc., by Jay T. Shearer, by lease dated April 10, 2007, and described upon a Description of Partition Survey for Jay T. Shearer by Smith Land Surveying, Inc., dated February 21, 2007, as follows:

“A tract or parcel of land lying along Secondary Route 119/12 and being situate on the waters of Dry Fork of Polk Creek in Freemans Creek District, Lewis County, West Virginia, and more particularly described as follows:

Beginning at a 5/8-inch by 30-inch Reinforcing Rod with a yellow plastic cap stamped, “SLS Monument 462-5634,” hereinafter referred to as a “Rebar” set, on the west side of said Route, from which a 30-inch Black Oak, found down, an original corner to Lot 1 of the parent tracts, bears N 11-32-00 E at 1595.69 feet, and a 6-inch by 12-inch Stone, found in place of a called for Hickory, a corner to Lots 1 & 2 of said parent tracts bears N 19-16-50 W at 1284.08 feet, thence through the parent tracts with four (4) new partition lines; S 15-41-50 W diagonally crossing said Route 119/12 267.52 feet to a Rebar, set on the east side of said Route, thence re-crossing said Route; N 76-58-40 W 173.37 feet to a Rebar, set, thence; N 16-32-00 E 247.83 feet to a Rebar, set, thence; S 83-36-50 E 171.83 feet to the place of beginning, containing a total of 1.01 acres, more or less, however there is hereby reserved 0.09 acres, more or less, contained in the right-of-way of Secondary Route 119/12, thereby leaving a net area of 0.92 acres, more or less, as surveyed by Smith Land Surveying, Inc., in February, 2007, as shown on a Plat of Survey for Jay T. Shearer.

Being a portion of the same two tracts or parcels of land conveyed to Jay T. Shearer from David B. Lang and Connie J. Lang, by a deed dated the 27th day of August, 1992, and recorded in the Office of the County Clerk of Lewis County, West Virginia, in Deed Book 404 on Page 357."

The real property hereinbefore described was conveyed as aforesaid to secure the Citizens Bank of Weston, Inc., in the payment of that certain note recited and described in said deed of trust, and all amendments, replacements or renewals thereof, and which said note, and/or renewals and/or replacements thereof, being long since due and payable, and default having been made in the payment thereof, the undersigned Trustees, having been requested so to do, will, on the 26th day of August, 2016 at 10:00 a.m. at the front door of the Courthouse of Lewis County, in the City of Weston, Lewis County, West Virginia, sell to the highest and best bidder, for cash in hand on day of sale, the hereinbefore described real estate. The deed which will be delivered by said Trustees at the time of sale will be made subject to such exceptions, reservations, outsales, limitations, conditions, rights of way, easements and other servitudes, if any, contained in the chain of title to the real estate aforesaid and subject to all unpaid ad valorem taxes.
Terms of Sale:
1. The property will be conveyed in an "AS IS" physical condition by Deed containing no warranty, express or implied, and subject to unpaid and/or assessed 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 West Virginia Code § 11-22-2.
3. All real estate taxes due and hereafter will be the responsibility of the purchaser.
4. The Beneficiary of the Deed of Trust and Note reserves the right to submit a bid for the property at sale.
5. The Trustees reserve 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.
6. The Trustees shall be under no duty to cause any existing tenant or person occupying the property to vacate the 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.
7. The total purchase price is payable to the Trustees by cashier's check, cash or the equivalent on the day of sale. There will be no refund granted of any amount if the third party purchaser elects not to purchase the property for any reason.

W. T. WEBER, JR., Trustee
W. T. WEBER, III, Trustee 15-2


Tariff Form No. 8-C
PUBLIC NOTICE OF CHANGE IN RATES UPON APPLICATION
(Tariff Rule No. 30-C)

NOTICE is hereby given that Standard Gas Company, a public utility, has filed with the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA an application containing decreased rates, tolls and charges for furnishing natural gas service to 429 customers at Jane Lew, in Lewis and Upshur Counties, West Virginia.

The proposed decreased rates and charges will become effective November 1, 2016, unless otherwise ordered by the Public Service Commission, and will produce a decrease of approximately
$3,400.00 annually in revenue, a decrease of 2.218%. The average monthly bill for a customer using
5 mcfs and 16 mcfs will be changed as follows:

AVERAGE USAGE ($) DECREASE (%) DECREASE

Residential 5 mcfs $ 0.42 0.951%
Commerical 16 mcfs $ 1.36 1.107%

The decreases shown are based on averages of all customers in the indicated classes. Individual customers may receive decreases that are greater or less than average. Furthermore, the requested decreased rates and charges are only a proposal and are subject to change (increases or decreases) by the Public Service Commission in its review of this filing. Any decrease in rates and charges will not become effective until authorized and approved by the Public Service Commission. (If a hearing is scheduled, notice will be given of the time and place of hearing.)

A complete copy of the tariff, 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 the offices of Standard Gas Company, Main Street, Jane Lew, West Virginia 26378. A copy of the tariff is also available for public inspection at the offices of the Secretary of the Public Service Commission at 201 Brooks Street, Charleston, WV 25301.

The Rule 30C 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 decreases and to participate in future proceedings. Request to intervene must comply with the Commission’s rules on intervention. All protests and intervention should be addressed to The Secretary, Public Service Commission of West Virginia, P.O. Box 812, Charleston, WV 25323. 14-2

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Notice of Administration/to Creditors
Notice is hereby given that the following estate(s) have been opened for probate in the Lewis County Clerk's Office at 110 Center Avenue, Weston, WV 26452-1964. 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 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 person interested in filing claims against an estate must file them in accordance with West Virginia Code 44-2 and 44-3.

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.
Publication Date: August 10, 2016
Claim Date: October 9, 2016

ESTATE NUMBER: 983
ESTATE NAME: Jerry Lynn Ables
ADMINISTRATOR: Jerry Allen Ables
79 Westfall Hollow
Weston, WV 26452-8469

ESTATE NUMBER: 979
ESTATE NAME: Zelma M. Bailey
EXECUTRIX: Deborah M. Larger
177 Sterling Glen Drive
Westerville, OH 43081-5707

ESTATE NUMBER: 985
ESTATE NAME: Jack L. Beck
EXECUTOR: David L. Beck
1150 Harvest Hills Road
Zanesville, OH 43701-7372

ESTATE NUMBER: 974
ESTATE NAME: Lucealie Gillespie
EXECUTRIX: Paula Campbell
P.O. Box 237
Horner, WV 26372-0237

ESTATE NUMBER: 972
ESTATE NAME: Jerry McDaniel
ADMINISTRATRIX: Kathy McDaniel
9723 Skin Creek Road
Horner, WV 26372-9756

ESTATE NUMBER: 976
ESTATE NAME: Iris Jean Smith
EXECUTRIX: Mary Jane Smith
7165 Catlett Road
Bealeton, VA 22712-7702

ESTATE NUMBER: 968
ESTATE NAME: Velva N. Woody
EXECUTOR: Thomas Ray Heater
118 Right Fork Road
Roanoke, WV 26447-8282

Subscribed and sworn to before me on 08/02/2016
Cynthia S. Rowan
Clerk of the Lewis County Commission
Terri L. Cole
Deputy Clerk 14-2

 

 

 

 


 

NOTICE OF TRUSTEE'S SALE

NOTICE IS HEREBY GIVEN that by virtue of a deed of trust dated July 21, 2008 (the “Deed of Trust”), made by Charles G. Floyd and Nickolena L. Floyd to John R. Haller and Caton N. Hill, Jr., as trustees, of record in the Office of the Clerk of the County Commission of Lewis County, West Virginia, in Trust Deed Book 361, at Page 248, to secure Freedom Bank in the payment of the sum of $94,000.00, evidenced by a negotiable promissory note bearing even date therewith, and Freedom Bank, being authorized and empowered to designate and appoint one or more substitute trustees in the place and stead of the trustees named in the Deed of Trust, and the undersigned, Appalachian Title Services, LLC, a West Virginia limited liability company, having been so appointed by the terms of a Designation of Substitute Trustee of record in said Clerk's office, and default having been made in the payment of said indebtedness and said Substitute Trustee having been requested in writing so to do by Freedom Bank, the owner and holder of said note, said Substitute Trustee, on
TUESDAY, AUGUST 30, 2016 AT 11:00 A.M. EASTERN TIME
will offer for sale and sell at public auction at the front door of the Lewis County Courthouse in Weston, West Virginia, to the highest bidder therefor, all that certain tract, lot or parcel of real estate, together with the buildings and improvements thereon and the appurtenances thereunto belonging, situate in the City of Weston, Hacker’s Creek District, Lewis County, West Virginia, reported to have, at the time of the execution of the Deed of Trust, an address of 642 Court Avenue, Weston, West Virginia 26452, and being more particularly bounded and described as follows:
Beginning at a point at intersection of Court Street (now Avenue) and Eighth Street; thence with Court Street N. 62 48 E. 40 feet to Lot 2 of Block 10; thence with line of said Lot 2, S. 27 12 E. 82 feet to a point; thence S. 62 48 W. 40 feet to a point in edge of said Eighth Street; thence with said edge of said Eighth Street; N. 27 12 W. 82 (__) to the beginning.

Being the same real estate conveyed to Charles G. Floyd by Richard C. Floyd, by deed dated August 21, 2002, and of record in the office of the Clerk of the County Commission of Lewis County, West Virginia, in Deed Book 576, at Page 693, in which deed the following reservations and conditions appear:

"This conveyance is made subject to certain restrictive covenants as the same are set out in that certain deed dated the 14'h day of May, 1917, from David M. Cunningham and Della Cunningham, his wife, to Genevieve Harrison, wife of T. W. Harrision, said deed being of record in the aforesaid Clerk's Office in Deed Book 94 at page 522, said restrictions being that no building nearer than 15' of abutting street line and no building costing less that (sic) $1,250.00.

"There is expressly reserved and excepted from said tract or parcel such of the coal, oil, gas and other mineral and appurtenant mining, drilling, leasing, operating, development and removal rights and privileges as have been heretofore reserved and excepted or sold and conveyed away by the party of the first part or prior owners by deeds of record in the aforesaid Clerk's Office, reference to which is hereby made for all pertinent purposes; however, any and right, title and interest of first party in and to the coal, oil, gas, and other minerals and appurtenant mining drilling, leasing, operating, development and removal rights and privileges in, upon and underlying said tract or parcel are hereby conveyed by party of the first part to the party of the second part.

"This conveyance is made subject to all rights of way and easements affecting said premises of record in said Clerk's Office, if any, and is further made subject to such rights of way, easements and other matters which would be disclosed by a visual inspection of the premises herein conveyed."

TERMS OF SALE: Ten percent (10%) of the sales price shall be paid by cash, cashier’s check, or check guaranteed by bank letter of credit in acceptable form, in hand on the day of sale (the "Good Faith Deposit"), with the balance to be paid in cash at closing within 30 days after the date of sale. The sale of said property will be made subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real estate, and any and all unpaid taxes assessed against said property.
Any sale hereunder may be adjourned from time to time without notice other than oral proclamation at the time and place appointed for the sale. The Substitute Trustee reserves the right to reject any or all bids. Conveyance shall be by special warranty deed, and purchaser shall pay for all transfer stamps, recording fees, and other closing costs.
Additional terms and conditions may be announced at the sale.
At public sale any person or entity may bid and may purchase any real estate sold if they be the highest bidder. If the real estate is sold for an amount in excess of the outstanding balance of the mortgage, together with all interest, unpaid real estate taxes and costs, said excess must be used to satisfy any other encumbrances on said property and after all said encumbrances are satisfied together with all interest and costs, any excess then remaining must be paid to the Grantor. If the Grantor or any person holding an encumbrance cannot be found after a diligent search, the money shall be paid into the Circuit Court of the county for the benefit of the Grantor or the holder of any such encumbrance.
In the event that there are federal tax liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer.
Dated: Wednesday, August 3, 2016

APPALACHIAN TITLE SERVICES, LLC
Substitute Trustee

P. O. Box 1081
Bridgeport, WV 26330
(304) 641-7374
appalachiantitle@yahoo.com 14-2

 


The Lewis County Commission will be holding a public auction per WV Code of 57 miniature horses and donkeys. The auction will be held on FRIDAY, AUGUST 19, 2016 on the front steps of the Lewis County Courthouse, 110 Center Avenue, Weston, WV 26452. The auction will begin promptly at 10:00 AM. A photo catalogue of these animals will be available on August 15, 2016 at www.lewiscountywv.org or a copy can be obtained from the Lewis County Commission Office (304)269-8200. Several animals are mother and foal and will be sold as a pair. Any continuing medical treatment required will be identified in the catalogue. All animals will have a health inspection and Coggins test. You must bring all equipment needed to transfer the animals. All Sales are Final. Full payment is due on the date of sale. Successful bidders will be required to take possession and transport animals no earlier than 1 hour after the completion of the sale and no later than 4 PM on the date of the sale. Any animal remaining after 4 PM will become the property of the Lewis County Commission with no refund of payment. 14-2


 


Tariff Form No. 8-C
(Tariff Rule No. 30-C)
PUBLIC NOTICE OF CHANGE IN RATES UPON APPLICATION
NOTICE is hereby given that MOUNTAINEER GAS COMPANY, a public utility, has filed with the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA, an application containing decreased rates, tolls and charges for furnishing natural gas service to approximately 220,000 customers at various locations in the Counties of Barbour, Berkeley, Boone, Braxton, Brooke, Cabell, Calhoun, Clay, Doddridge, Fayette, Gilmer, Grant, Greenbrier, Hancock, Hardy, Harrison, Jackson, Jefferson, Kanawha, Lewis, Lincoln, Logan, Marion, Marshall, Mason, McDowell, Mercer, Mineral, Mingo, Monongalia, Monroe, Nicholas, Ohio, Pendleton, Preston, Putnam, Raleigh, Randolph, Ritchie, Roane, Summers, Tucker, Tyler, Upshur, Wayne, Wetzel, Wirt, Wood, and Wyoming.

The proposed rates and charges will become effective for services rendered on and after November 1, 2016, unless otherwise ordered by the Public Service Commission, and will reduce annual revenue by approximately $7,199,321, a decrease of approximately 6.6%.
The average monthly bill for the various classes of customers of MOUNTAINEER GAS COMPANY will be changed as follows:
DECREASE DECREASE
Residential $1.89 3.17%
Commercial $9.45 3.81%
Industrial $923.94 8.36%
Resale $224.09 5.10%

Resale customers of MOUNTAINEER GAS COMPANY include Canaan Valley Gas Co., Consumers Gas Utility Co., Dominion Hope, City of Philippi, and Southern Public Service.

The decreases shown are based on averages of all customers in the indicated class. Each class may receive a decrease greater or less than stated here. Individual customers may receive decreases that are greater or less than average. Furthermore, the requested rates and charges are only a proposal and are subject to change (increases or decreases) by the Public Service Commission in its review of this filing. Any change 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 the proposed rates, is available to all customers, prospective customers, or their agents at the office of the Company at 501 56th Street, SE, Charleston, West Virginia 25361.

A copy of the proposed rates is available for public inspection at the office of the Executive Secretary of the 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 cost 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 twenty-five (25) 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 change and to participate in future proceedings. Requests to intervene must comply with the Commission's rules on intervention set forth in the Commission’s Rules of Practice and Procedure. All protests and interventions should be addressed to Executive Secretary, Public Service Commission of West Virginia, P.O. Box 812, Charleston, WV 25323. 14-2


WEST VIRGINIA DEPARTMENT OF TRANSPORTATION
Division of Highways
NOTICE TO CONTRACTORS
Bids will be received electronically by the West Virginia Department of Transportation, Division of Highways through the Bid Express Bidding Service (www.bidx.com) and by sealed proposals (only when prequalification is waived) being received at its office in Building 5, Room A-748, 1900 Kanawha Boulevard East, Charleston, West Virginia until June 28, 2016 at 10:00 AM (Eastern Standard Time).The bids will be downloaded and/or opened and read publicly thereafter for the constructions of the following project(s):
-------------------------------------------------------------------------------------------------------------------------------
Call Contract State Project Federal Project Description
001 1403711 G021-HDQ/-1.00 03 Building Construction
District Seven Equipment Shop
District Seven Headquarters Site
County: Lewis

Proposals will be received from prequalified and West Virginia licensed contractors only except that on Federal-Aid Projects a contractors’ license is not required at time of bid, but will be required before work can begin. Registration is required with the Department of Administration, Division of Purchasing, in accordance with Chapter 5A, Article 3, Section 12 of the West Virginia Code. All contractors submitting bids on project(s) must include one of the following forms properly executed with each proposal: Proposal Guaranty Bond, Cashier’s Check, or Certified Check for $500.00 or 5% of total bid, whichever is greater.
*These are projects on which any contractor with a Category “W” Prequalification Rating may be eligible to bid.
The West Virginia Department of Transportation, Division of Highways reserves the right to defer, delay or postpone the date for receiving and publicly opening proposals for any project designated in this advertisement, without the necessity of renewing such advertisement. All bidders holding valid bidding proposals will be notified of such deferment, delay or postponement and the date that proposals will be received and publicly opened.
The West Virginia Department of Transportation, Division of Highways hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, religion, sex or national origin in consideration for an award.
WEST VIRGINIA DEPARTMENT OF TRANSPORTATION
Division of Highways
Robert Pennington,
Deputy State Highway Engineer - Planning and Programming 14-2


 

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
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