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The Brooke County Review
Wellsburg, West Virginia
March 16, 2012     The Brooke County Review
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March 16, 2012

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LEGAL ADVERTISEMENTS HORIZONTAL NATURAL GAS WELL MVOPK PRMI-r- APPLICATION NOTICE BY PUBLICATION. Notice ta hereby Ien: Purant to West Virginia Code ." 22-6A-10(e), prior to filing an application for a permit for a tel wl the applicant shall publish in the county in which the welt is located or is proposed to be located a Class II legal advertisement.  County Rovw P.O. Box 591 Wellslxxg, WV 20070 Pubic No:e Date:March 16, 2012 &amp; March 23, 2012 The  apc4k::ant intends to apply for a horizontal natural gas wall work permit which disturbs Ilwee  Or more of surface excluding pipelines, gathering lines and roads or utilizes more than two hundred ten Uusand gallons of water in any thirty day period, CINmapeake Appalachia, L.L.C. Wen Number:. Russell Hervey BRK 5H Address: P.O. Box 6070 Chmleston, WV 26362 :ral gas prnduction. Stale: West Virginia County: Brooke DbMct Buffalo Quadrangle:. Stuebenville East UTM NAD83 Northing: 4456501.6 UTM NAD83 Eesting: 537695.2 Watershed: Upper Ohio South /my klmeMd pinion may subn wren commerds or raque a copy of the proposed perm by  lleo.oov. Bardino ,= latmr to Permit Review. Office of J Street, SE, Chadeaton, WV 25304, Or calling 304-926-0450. Emailed or ommenta must reference the county, well number, and operator and be received by April 2012. COIli' of the IOlxed permit applicelton may be reviewed at the WV Deparlment of Environmental "Pmlllion headquarter, located at 601 57th  SE, Chgdeston, WV 25304 (304-926-4)450). Ful lle ot Icar of the proposed permit applicati will ocet $15.00, whether mailed or obtained al DEP heedqueltors. F kdonmem rain to bena)ntel dnIng, and oil hodzontel wel applca1r rded in thle state, viii: mlme.,a, ,me ,m brk031612&032312 NOTICE OF  SJUI= 1Rm Imlmd ,01, Tmltee, CHRI81rlNE MACHIBL, by Wtue of lhe  .mad in hat = Oeed of 1kin mlq ItUTNIE PAGE. dot June 1.2010 rended in be  of the Ck of the Brooke qt cillmli in Oeed of Tnm Book 494 at Pa0e 11, Illd Dsed of Tnt havg been (liven 10 NCum Ire IxP/ment of a Note to Ronaid Higgna or Ludlte Hi0glns and default having been made Ito Pelmwnt of and compliance  =mid Note and Deed of Trust, and requests hving been m by I bgal hofdem of aaid Note, the underga Trustee Or her agent, will sell at public i to  bidder, atthe front door of the Brooke County Courthouse in Wellsburg, !! Coup. wt Vnia, tha fwg desotd pmpe on the 12 fay of ApL 2012= 4:00 p.m. "Rle ilxopwty riseallied In the Deed of Treat ia aa foltowa: AI lit Omll lot, Iract or pemel of land, togotber wIlt the  thereon and rtmm= tbento bebgg, situate in McKye (mistakenly referred t IB MCKbneyllo M DeKI Book 320 at Pa0e 228). Bualo DleMct, Brooke County,  Vnl, known, designated, and described as LOf Number 27 on the Plan of MOrdlgptC f p or whch le  in the Ofe of the Clerk of the County CoIIt of seid County in Deed Book No 70, at Page 519 and 520. Being the same  (=omRid to Rultde Page by Deed of Ronaid Higglns and Lucille Higgins, h.iond and wi, dated tbe let day of June, 2010 ar racorded in the Ofrx;e of the Ck.t of tbe Brouke Couy  in Deed BOo 330 at Page 2S2 I  M   ne to Ume  o  an ora maton at  time m2 , e dee Machel, Trusre TRUSTEE'S SALE OF VALUADL REAL F-STAff The undersigned Substitute Trustee. by virtue of the authority vested in him by that certain Deed of Trust, dated the 26th day of August, 2005, and duty recorded in the Office of the Clerk of the County Commission of Brooke County, West Virginia, in Trust Deed Book 441, at page 529, Carl A Digiacinto and Christine M DiGiacinto did convey unto McCamic, Sacco, Pizzuti & McCoid, PLLC, Trustee(s), certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Seneca Trustees, Inc., as Substitute Trustee by a Substitution of Trustee dated February 16, 2012 and recorded in the aforesaid Clerk's office; and default having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by Deutsche Bank National Trust Company, as trustee for New Century NCHET 2005- CT to foreclose thereunder, will offer for sale at pub(ic auction at the front door of the Brooke County Courthouse in Wellsburg, Wast Virginia, on April 2, 2012 at 12:00 o'clock pm the following deschbed real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in Cross Creek District. Brooke County, West Virginia, and more barcuiady descnbed as foliows: All those certain lots or parcels of land designated and described all LOfS Numbered Fourteen (14) and Forty Eight (48) as shown on the Revised and Amended Plat of Fintay's Hilltop Addition prepared by C.C. Smith's Sons, Engineers, Wheeling, Wast Virginia, and not yat of record in Brooke County, West Virginia. BEING the same property conveyed to Harvey L. Gadd and Mary Irene Gadd, his wife as joint tenants with the right of suwivorship, by deed from Samuel T. Rigby, Jr. and Marye B. Rigby, his wife, which said deed is dated August 11, 1961, and recorded in the ofe of the Clerk of the County Commsi?n of Brooke County, West Virginia, in Deed Book 147, at page 318. The  Harvey L. add died on January 28, 1963, and his intem in and to the subject property passed to Mary Irene Gadd pursuant to the above mentioned joint tenancy deed The said Mary Irene Gadd died testate on August 15, 2004, and by the terms of hor Last VII and Testament dated August 3, 2000, etered for probate on September 2, 2004, and recorded in the aforesaid Clerk's off'me in Will Book 51, at page 298, named William L Gadd as Executor wilt the power to sell and convey real estate. This conveyance is made and accepted subject to the following rltrictlona, roaervations and exceptions, that is to say: (1) That no shop, store, factory or business houm of any kind, nor holH:dtel, asylum, or institution shall be erected on said property and that said propelly shall be used sutely and exclusively for residential purposes, but this clause shall not, except as specified, relict the use of the redertce for puqx)sas not objectionable in a residential distrk (2) That no apartment house shall be built upon  property'and that any building  three or more families 8hall be considered aS an . (3) That no nuarce shalt be mointekKI Or pemted on said ixpperty. (4) That no beer, wkle= Or dhnks of file Iltr.e kkld, Or inl0catJng Ikluorl Or bevMagel, ithall be aoid on or from the Momsaid pemol Or any i1 thereof. toatoI iinm of. .A.t the time of tho I of lle 0eed of Tn#. Ulia ixolly Wll itported to hill i  address of: 106 Roxanne Lane, Folianlbee, WV 26037. The referenced real estate wi. be conveyed with no covenants of warranty, and subject to all covenants, reslctlons, easements, rights of way and resefvatlona which may be a  of record in the aforesaid Clerk's Office or visible upon the ground, all prior liens and encumbrances, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges. The pumhaaers at the sale shaB be responsible for paying the recording coati and also the tax on the privilege of transferring real property (the cost of the tax stamp to be affixed to the deed). The purchasers shall be responsible for payment of all real estate texes. The subject property will be sold in "AS IS" condition. The Subetitze Trustee Ihall be under no duty to cause any extk9 tenant Or person occupying the subject property to vacate lald property. TERMS: $5,00000 in cash and/or  funds as deposit with the balance due and payable within 30 days oftbe day of sale. FEDERAL TAX LIEN: In the event that there are Federal Tax Liens against the prOlllly, the United States would'have the right to redeem the property wiin a pehod of 120 days from the date of such sale or the period allowabte for redempon under local law, whichever is longer. Pursuant to the Deed of Trust, lhe Trustee may postpone the sale by public announcement at the time and place designated or by posltng a noltco of the same, and act by agent in the ex of  I. The parties secured by the Dead of Trust rasenm the right to purchase the SECA TRUSTEES, INC. 6108 Mid Atnt Ddvo Morgantown, WV 205O8 (304) 413-0044 (304) 292-2918 Reference File No. 20735-08 ccTha Brooke County Review 03/1&t12, 03/23/12 TRICIA A. MURPHY, M.D. EAR, NOSE AND THROAT SPECIALIST ,ii : - :;ii:i:::.:i/:  : 30 years, experlencetreating" : .... ., . .::...:1.:.:.......:.:.. ::..::: .. :.:::: , . nose and t hr0at : :.:<: ..:. :...:...=,-.., .. .. Located in the Medical Office Building at Weirton Medical Center: 651 Colliers Way Telephone: 304-797-6600 SUBSTITUTE TRUSTEE'S S/I,I i: OF VALUABLE REAL ESTAT The undersigned Substitute Trustee, by virtue of the authority vested n him by that  Deed of Trust, dated the 25th day of May, 2006, and duly recorded in the ofr of the Cled( of County Commission of Brooke County, Wast Virginia, in Trust Oeed Book 452 at page 227, Hedlgt McGowan did convey unto VP. Sivert, Trustee, certain real property described in said Deed of Trust; and the benefi(ary hal; elected to appoint Gregory A Tucker, P L.LC as SubaMute Trustee by a Substitution of Trustee dated February 14, 2012 and recorded in the aforesaid Cle;k's office in Trust Deed Book 510 at page 24; and default having been made under the aforementioned Deed of Trust, and the underldgned Substitute Trustee having been instructed by the secured party to foreclose thereunder, will OflM for sale at public auction at the front door of the Brooke County Courthouse in WeNIburg, Virginia, on APRIL 3, 2012 at 9:00 AM. the following described real estate, with its improvements, easements and  Uretm belonging, situate in Buffalo District, Brooke County, Wast Viinla, and more perticulady as follows: First Parcel: A that certain parcel of land sk'uated in Buffafo Dtn Brooke County, Wt qlll. more particularly bounded and described as fk)ws, to wit: r Beginning at a stone in the Wellsburg and Bethany Turnpike, comer to iandl of  thence up the private roa(l taaving to the resideme of John Brady, S 41 1/8 degre W 5.2 redo; thence S 1/6 dogrees 124 rods; thence S 50 2/5 rOCle to a white walnut on the lower sde of s41h,o; S 26 degrees 3 27.9 rods to a stone at the top of the hill faolng Buffalo Creek; thenoe S e0 1/1 thde:e tees 15.6 rods to the center of a large rock on the northwest side of said tumpltre; thenoe wl t same N 62 1/4 degree= E g.7 rods;, thence N 37 degree= E 9 rods to a =mid tumMl comer to lands of Wimam Brady; thence with his Unes n 19 1/2 degrees E 14.2 rod; therme N 12 1/4 degrmm 14 rods; N 49 3/4 dogroe W30.4 rods te the beaning, oflteM I).2. acRI, l . or less; exueng Ierafrom however seventy hundredth= (70/100s) acres conveyed to Manual Nickotas by Laura p. Magse and WC. Magee, her bu=band as found in Deed Book 51 Page 550. Second Parceg: M that cemln pamel of Wd med in the dletrk coure/and m adore=il more pertioutady buunded and da-cdbed es follow=, to wR: M 'tat cenaln tract Or parcel of lind ad)olning tJe above desc#od tract, oorlk'W 17.49 crse. Third Parcel: All 1hat certa parcol of land Mfuated in the district, county and m afonmid I pertiouiarty txxmdad and de=ulbed a follow=, to udt: 6egirming at a orces mark in a hw0e rock comer fo kinds of Mra. Laura p. Magee; (henco wl 1he no. of h tands S 26 degroes 18E496 foe to 1 long, comer to kinds of OfvI 0rad, thon vdlh is ne S eS-de0mse ST W644.86 teotto a Uone, cemer to lamb of seid Laura p. Magw o tle i ofa pmate I; then wh I i of ber landl, aloql Im fmd oum, N 12 ltia0mm :' E 105 feat to a etone; Iltence N 31 dogmee 43' E 219 foM to I Mone; Ibence N 46 de0rlllO 0' E 10t teat to m crosa in mc e p-sa of be01nnin0. ommining S22 ause, morn  i Four01Pam: M N cllin pfl of ind MtuJld in gig distd0 0un lid I iMllkl, an e ond Vac  mneon and (md, onml e.lS m  Ihemm hover (1) 10 Icmt in Book 40 PI0e 1 H, (2) 33./10' a in Diid Bk 4   and (3) U/1001 of -- in beed Ix 42 Pege 821./1 Iraqi I m m mmlml iq S. Jay Ikw b/(ed I FMx e, 'lm i Fm O. MII md bl E. MIIII ifm i1  oca of me CWk of ae Coum/Commm of Bm Co.m.  mm.  Om Ilmk 64, at Page . ne ==o i= ,aayi__agee medk,=,==m- ., IvRl-i , 1=lt" Virginkm and rsuent to the adn of the  hia int,,mat in Id to Ire sul)jel ixqItl descemiad to Wdliam L. Msgse. Said VVdlism L. Idagae dled tNtete on Aulluqmt 3, II In llre=Im Coup,  Virglnla and devised tha subje property to Herbert McGov=m,  wI dated Felxuiqt 2,1995 and recorded in the aforesaid Clerk's offK:e in VPBook 41, at Page 741. Filth Parcal: All lhllt certain tract Or parce( of iand l#uete in Bulfalo Dleldl Ibm0. Ip. C41inl Vo I Virglnia. and more partiouiady decK:nixed by mete and bound, as follows,, fo wt: 6e0inng at a markad sna in tha ne bemore esbkbed by a0raemem betlen Mn jmMe LeIs, now line of James Mcadoo, Ibence wilh lhe Ine of E. Jay lql and Be Wollebill imlql atl Tnl , fonnedy IMA J. Brady.  5  40" W 1447 Melba IIBmt noth#lle of a  toed; Utence along seid prtvato toed South ir/deWue oar w 800 frd t90 steke; Utence North 27 dogrees 10' W 1i 28.45 flet to a idabe; thence Noflh (18 dqm120, W 1280 Mat along the line of Hadan Mccord to a stone, the piece of beg(nNn0, centldning 25.87 I,11, mo or. And be the seine propa aqud by E. Jay Magee W deed dmd r.=lxtmy fl, i from WMIol=urg Banking & Tnt of record in the Ofltce of 1he Clerk of the Coumly  of Bmol Cormly, Wlat Virgiria. in Deed Book I. at P!ie 438. Thl seid E Jay MIIII diit I on FedruIy 4, 17e in Brooke County, Wast Vlmand aant to   ofl dImust 3, lSin .  I '  to Hert)eR McGowan. by witl dated Felruary 2. 1995 and recorded In the afomm CIII ofltCe in Wdl Book 41. at Page 741. Sixth Porcal: (Note thle le same as third pamel listed above) NI that calaln pemel of lind i:" in ghe dleUlct, coonty and m aforesaid more pertk:uWb, buundad md dN(:dbed u foiom, t BoOJm'dg at a cross mark m a iarge roc comer to iands of Idrs. Laura P. Mogee;lhon wilh Ire Im of hor lands $ 26 degrees 16' E 496 felto a stene, cemer to I=mds of Onlt Brody;  wIih idB line S 89<legrmm 5T W 644.85 foat to a stone, comer to Ionde of todd Laura R Magm on  |Mo ofa pdva rced; Uence wh a line of hat land=, along the folo,t Courting, N t2 depm ' E 105 ft=et to a tone; thence N 31 degrmm 43 E 219 feet to I tone; thenca N 48 degm= ir E   to a cross in roc be pce of benn9, containing 3.22 acres, morn or kI. Parcs I throug 4 & 6 bekt0 e same pmpay acquked by E. Jay Magee by dsed datld FMIp/ 6. 194 fom Frl e. MIIW ind Lulu E of MOfOfB " seme  I(Xlubed by.E Jly Magee by deed dated Febmlp/11, lm from WlilIIII llmldqlt and Tru Company of racord in be aforesaid Ckk's ok;e in Oeed Book 66, at pi0o 431. iki Elmer J Magee (aka E. Jay Magee) died intutate on Febnm 4, 1976 in Brooo C, Ii descended to hll sun, Wiam L Magee. Said Wdltam L Magee died teata on Auguet 13, 19 M Brooke Cou.ty, Wt Via and dead the sUb Wopey o h on, Hed MO   dated Febn.,ary 2, 1995 and recoKtad in the aforaseid Ciad ofm In WN Book 41, It PI0o 741.' Al ofb  of   of T   I  bm .  1, Box .1, rg,  20O70. b 'Sor,d pdlW of tmrfonl rl plty 0ho o of e I romp to be amid W i a). 1 TERMS: Ten percent (10%) of the purchase price u i ialxt  II  due   0 days of e ay of saw FEDERAL TAX LIEN: In the event that there are Federal Tax  agoinlt Ihe Woperty, Ihe i Stetsu wouid have the right to redeem the prop(Hly within i peded of 120 dayl from lhe i of imh seia Or the pedod anowable for redemption under local iaw, whlcheYer Is longer. Pureuent fo the Dead of Trust, the T may poatpona the seia by public Imnouco at M time and place besignated or by posting a notice of the seine, and act by agent in the elcutl(m of. the sata. The probes secured by the Dead of Troat reeerve the dgM to ptm:hase Ille pmpwtlt ot such me. Dated the 5th day of March, 2012 b)30912&031612 GREGORYA. TUCKER, P.L.L.C. SubatRuto Truatee By: GREGORY A. TUCKER. I 719 Main Street Suia, Wast Viinle 2eo61 (304) 872.2500 Send Us Your News and Opinions! The Brooke County Review PO Box 591, Wellsburg, WV 26070 brookereviewnsLnet Panhandb CLEANING & 304-232-2321; 800.504-7054 Max. 2S0 sq. ft. per area Robert C. , Sr., Pruident WV L!C #014743 i- t