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Coalfield Public Notices 4-12-13
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NOTICE OF SUBSTITUTE TRUSTEE'S SALE

Of Property Located at

14609 Fairview Road

St. Paul, VA 24283

In Lipps Magisterial District of Wise County, Virginia (Tax PIN 006649)

IN EXECUTION of a Deed of Trust dated January 30, 2009, to Leonard D. Rogers, Trustee, securing Noteholder, Miners Exchange Bank, principal amount of $50,194.51, which said Deed of Trust is recorded as Instrument Number 200900353 in the Clerk's Office for Circuit Court of Wise County, Virginia, default having occurred thereunder, and the undersigned Substitute Trustee having been appointed by document of record as Instrument Number 201300887 in the Clerk's Office for Wise County, Virginia, will, at request of Beneficiary, offer for sale at public auction the following described property at the Front Door of the Wise County Courthouse, on Main Street, in the Town of Wise, Wise County, Virginia, on the

29th Day Of April, 2013

at 11:00 A.M.

All that certain tract or parcel of land, with all appurtenances thereunto belonging and all improvements thereon, lying and being located on Sandy Ridge, near the Fairview School House in the Lipps Magisterial District of Wise County, Virginia, and more particularly bounded and described as follows:

BEING all the remainder of that certain 10.138 acre tract acquired by Louie Edwards and Sylvia Edwards and being more particularly shown as the shaded portion of that certain plat made by Roy K. Balthis, dated July 11, 1993, which said plat is of record in the Wise County Circuit Court Clerk's Office as part of Instrument Number 200603450. Tax ID No. 006649.

BEING the same property conveyed to David L. Mullins by Deed dated September 28, 2006, and recorded in the Wise County Circuit Court Clerk's Office as Instrument Number 200604050.

There is also granted to the Grantee the use of any and all easements, rights of ways, roadways, water rights, pipeline rights, sewer systems, including field lines attached thereto, in existence and which lawfully may be used by Grantors, whether by express grant, prescriptive use or otherwise, and which are appurtenant to and part of the use and enjoyment of this particular tract of land.

There is also conveyed improvements, fixtures, hereafter attached to or herein attached, by this instrument all buildings, appliances and/or easements, now or used in connection with the property.

This deed is made subject to any and all existing reservations, easements, exceptions, conditions, restrictions and/or adverse conveyances as the same may lawfully affect the above-described property.

LIENHOLDER RESERVES THE RIGHT TO BID OR TO REJECT ANY BIDS.

TO VIEW THIS PROPERTY, CONTACT VERLENA RAY AT MINERS EXCHANGE BANK, TELEPHONE: 276-395-6917.

TERMS OF SALE: Cash or Cashier's Check. A deposit of 10% of the sale price in cash or certified/cashier's check may be required at the time and place of sale with the balance of the sale price to be paid at settlement, to be held within FIFTEEN (15) days from the date of the sale. The property and any improvements thereon shall be sold in "AS IS" condition without any warranties. Buyer shall be responsible for all costs of conveyance, by Special Warranty Deed including but not limited to preparation of the Deed. Sale is subject to such additional terms as Trustee may announce at the sale.

This is a communication from a debt collector and/or an attempt to collect a debt and any information obtained will be used for that purpose.

Given under my hand this 1st day of April, 2013.

GREGORY D. GILBERT

SUBSTITUTE TRUSTEE

FOR FURTHER

INFORMATION, CONTACT:

Gregory D. Gilbert

Attorney

PO Box 336

201 E. Main Street

Wise, Virginia 24293

OR

Verlena Ray

Collections Mgr.

Miners Exchange Bank

P. 0. Box 1197

Coeburn, VA 24230

(276) 328-5286

(276) 395-6917

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LEGAL NOTICE

Notice is hereby given that a public sale will be held at 3:00 p.m. on April 19, 2013 at Miners Exchange Bank located at 483 Front Street in Coeburn, Virginia. Offered for sale to the highest bidder will be the following item(s):

2000 FORD F150

VIN# 2FTR1X18LXYCA45393

2009 PONTIAC G6

VIN# 1G2ZJ57B294273086

Miners Exchange Bank reserves the right to bid at this sale. The terms of the sale are CASH. The Bank also reserves the right to adjourn or cancel the sale by announcement made at the date and time herein specified, without further advertising. The items offered for sale are available for inspection during regular business hours.

MINERS EXCHANGE BANK

By: Verlena Ray

Collections Manager

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TRUSTEE'S SALE OF

120 CHERRY STREET SE, WISE, VA 24293

In execution of a Deed of Trust in the original principal amount of $60,600.00, with an annual interest rate of 5.2500% from Autumn B. Crabtree and Aaron M. Crabtree dated August 6, 2010, recorded among the land records of the Circuit Court for the County of Wise as Deed Book/Instrument Number 201002470, the undersigned appointed Substitute Trustee will offer for sale at public auction in the County of Wise, at the front of the Circuit Court building for the County of Wise located at 206 East Main Street, Wise, Virginia  on April 22, 2013 at 2:00 PM, the property with improvements to wit:

All that certain lot, piece or parcel of land, with all improvements thereon lying and being in Gay Dawn Acres in the town of Wise, Wise County, Virginia and described as follows:

Designated as a tract containing 0.3185 acres all a map or plat made by Joseph F. Barger, Land Surveyor, dated July 30, 2010, and entitled "PLAT PREPARED FOR: ROBBIE STINSON," a copy of which is recorded in the Clerk's Office of the Circuit Court for the county of Wise at Inst. #201002469 page 195.

AND further described in the above Deed of Trust.

THIS COMMUNICATION IS FROM A DEBT COLLECTOR.

TERMS OF SALE: ALL CASH. A bidder's deposit of $15,000.00 or 10% of the sale price, whichever is lower, will be required in cash, certified or cashier's check. Settlement within fifteen (15) days of sale, otherwise Trustees may forfeit deposit. Additional terms to be announced at sale. Loan type: Conventional. Reference Number 11-224476.

PROFESSIONAL

FORECLOSURE

CORPORATION

OF VIRGINIA

Substitute Trustees

C/O SHAPIRO BROWN

& ALT, LLP

236 Clearfield Avenue

Suite 215

Virginia Beach, Virginia 23462

(757) 687-8777

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LEGAL NOTICE

The Wise County Sheriff’s Office will be purging its evidence room. If you or anyone you know has a rightful claim to any items in the Wise County Sheriff’s Office possession, items include but not limited to money, guns, jewelry, electronics, household items, etc. You will need to contact the Sheriff’s Office evidence custodian by May 31, 2013. Any items not claimed by this time will be deemed abandoned and will be disposed in accordance with the Wise County Sheriff’s Office Policy and Virginia State Law. All claims will be evaluated and items returned if permitted by Virginia State Law.

Contact Sgt. Duane Phillips

Evidence Custodian

(276) 328-3566

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NOTICE OF SPECIAL

COMMISSIONER’S SALE OF

332 OAK STREET

APPALACHIA, VIRGINIA 24216

Pursuant to a decree of the Circuit Court of Wise County, Virginia, made and entered on the 11th day of March, 2013, in the suit brought by Marilyn Withrow, et al., against Penny Mellon and others, I will on Friday, the 12th day of April, 2013, at the front door of the courthouse of Wise County, Virginia, located at 206 E. Main Street, Wise, Virginia at 1:00 o'clock p.m. of that day, offer for sale to the highest bidder, the following described real estate:

All the following parcel of land located in Appalachia, Wise County, Virginia, and described as follows:

BEGINNING at an iron pin seventy two (72) feet, more or less, measured northwardly from and at right angles to a point in the centerline of the main track of the Corbin Division formerly the Cumberland Valley Division, of the railroad of the grantor at Valuation Station 5696+50, which point is two hundred sixty-eight (268) feet measured westwardly along said centerline of the main track from Mile Post 280 from Louisville, Kentucky, said iron pin being twenty nine (29) feet measured northwardly from and at right angles to a point in the centerline of a Southern Railway track; thence North 10 degrees East, a distance of sixty and four hundredth (60.04) feet to an iron pin in the south line of a twenty (20) foot alley; thence South 80 degrees East along the south line of said alley, a distance of three hundred fifty (350) feet to an iron pin; thence South 10 degrees West, a distance of fifty nine and fifty seven hundredths (59.57) feet to an iron pin, said iron pin being sixty-seven (67) feet, more or less, measured northwardly along a radial line from a point in said centerline of the main track at Valuation Station 5700+09+-, said pin also being eighteen (18) feet measured along a radial line from a point in said centerline Southern Railway track; thence North 80 degrees 04’30” West, a distance of three hundred fifty (350) feet to the point of beginning, containing forty-eight hundredths (0.48) acre, more or less.

BEING the same property conveyed to Imogene Davis, Rose Mary Lawson, Marilyn Withrow, Jimmy Boatright and Penny Mellon by Deed of Gift dated March 21, 2005, and recorded in the Wise County Circuit Court Clerk’s Office as Instrument Number 200501149.

Terms of sale: 10% deposit at time of auction with the balance to be paid within 30 days. The sale shall be by Special Warranty Deed to the highest bidder and subject to approval of the Court.

For further information

apply to:

Leonard D. Rogers

Special Commissioner

P.O. Box 1097

Wise, VA 24293

(276)328-6783

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NOTICE OF

TRUSTEE’S SALE

In execution of a Deed of Trust dated 06-02-2006, recorded as Instrument No. 200602489, in the Clerk’s Office of the Circuit Court of the County of Wise, Virginia, the undersigned Trustee, will on May 3, 2013, at 9:00 a.m., at the front doors of the Courthouse of Wise County, Virginia, offer for sale at public auction to the highest bidder the following property:

All that certain tract or parcel of land situate, lying and being in the Town of Wise, Wise County, Virginia, and being more particularly bounded and described as follows, to-wit:

BEGINNING at an iron pin on the line of the property belonging to the Wise-Norton Post of Veterans of Foreign Wars, which said pin is 20 feet northeast from a house; thence S 67 26 W 324.01 feet to an iron pin; thence S 36 45 W 1027.78 feet to a stake in a road, witnessed by a ten inch locust 27.95 feet, N 15 00 W therefrom; thence S 68 39 E 806.29 feet to a chestnut oak on a cliff witnessed by two chestnut stumps to the East 2 feet; thence N 0 53 E 518.98 feet to two locusts in a corner of an orchard; thence N 56 52 E 288.00 feet to an iron pin in the fence line; thence N 8 39 W 574.50 feet to the BEGINNING, containing fourteen and six one-hundredths (14.06) acres, more or less, but sold by the boundary and not by the acre.

Being that same property conveyed unto Radio Wise, Incorporated, by a deed dated May 30, 1956, from Blanfox Radio Company, Incorporated, which said deed is recorded in Deed Book 331, Page 154, in the Clerk’s Office for Wise County, Virginia, reference to which said deed is hereby made.

There is further granted and conveyed an easement, but not exclusively, for a right of way for ingress to and egress from said tract or parcel of land, such right of way to be 30 feet in width and to parallel and adjoin the V.F.W. property, the Etta Lawson property and the Elmer Adams property, and to run from the northern line on the property hereby conveyed along and adjoining the V.F.W. property, the Etta Lawson property, and the Elmer Adams property to the point where the Adams, Lawson and Robinson properties corner, such right of way to be thirty (30) feet in width, including the present twenty (20) foot roadway.

There is also granted unto grantees all right, title and interest in and to the forty (40) foot right of way mentioned and described in said deed of April 19, 1956, and the said parties of the second part do hereby assume any obligations upon the said party of the first part with regard to the establishment of said right of way as contained in said deed of April 19, 1956, reference to which is hereby made.

EXCEPTING and RESERVING, the following parcels of land previously sold and conveyed from the aforesaid parcels:

August 19, 1979, in Deed Book 532, Page 564, Radio Wise, Inc., to Radio Wise, Inc. (Later Roy and Thelma Thacker) 0.344 acres.

August 13, 1978, in Deed Book 519, Page 603, Radio Wise, Inc., to Harry C. Roberts, Jr., and Charlotte S. Roberts, 7.93 acres.

March 18, 1974, in Deed Book 465, Page 444, Radio Wise, Inc., to Jay Carl Matney and Wilma D. Matney, 0.2768 acres.

November 8, 1967, in Deed Book 407, Page 558, Radio Wise, Inc., to R. B. Helms and Margaret Helms, 2.249 acres (later conveyed to Stryrest Nursing Home).

October 7, 1986, in Deed Book 723, Page 748, Radio-Wise, Inc., to Roy L. Thacker and Mary Thacker, 0.0382 acres.

There is also granted to the grantee the use of any and all easements, right of ways, roadways, water rights, pipeline rights, sewer systems including any field lines attached thereto, in existence and which lawfully may be used by grantors, whether by express grant, prescriptive use or otherwise, and which are appurtenant to and part of the use and enjoyment of this particular tract of land.

This deed is made subject to any and all existing reservations, easements, exceptions, conditions, restrictions and/or adverse conveyances as the same may lawfully affect the above-described property.

There is also conveyed by this instrument all buildings, improvements, fixtures, appliances and/or easements, now or hereafter attached to or used in connection with the property herein described.

This sale is subject to all restrictions, rights-of-way, conditions, easements, and mechanics’ and materialmen’s liens, if any, whether of record or not of record, to the extent any of the foregoing apply and take priority over the lien of the Deed of Trust.

Deposit of 10% of the purchase price, by cash or certified check shall be required of the highest bidder, except from the Noteholder. Deposit, without interest, is applied to the purchase price at settlement. Settlement will be held on or before 15 days after sale, but may be extended in the discretion of the Trustee. Upon purchaser’s default, the deposit shall be forfeited and the property shall be resold at the risk and costs of the defaulting purchaser. In the event the Trustee cannot convey to the purchaser marketable title, in the Trustee’s sole discretion, the sale may be rescinded and the purchaser’s sole remedy shall be the refund of the deposit.

The balance of the purchase price shall be in cash or its equivalent. Settlement shall be at the office of the trustee or other mutually agreed location. The property and any improvements thereon shall be sold in “as is” condition without any warranties. The successful bidder shall assume all loss or damage to the property from and after the time of the sale. Purchaser shall be responsible for all costs of the conveyance, which shall be by special warranty, including but not limited to the preparation of the deed and the grantor’s tax. The sale is subject to such additional terms as the Trustee may announce at the time of sale. The purchaser will be required to sign a memorandum of sale incorporating all the terms of the sale.

Written notice of this Trustee’s Sale has been sent to the owners by certified mail in strict compliance with Section 55-59.1 of the Virginia Code.

George F. Cridlin

For information contact:

George F. Cridlin, Trustee

P.O. Box 703

Jonesville, VA 24263

276-346-3050

Dates of Advertisement:

April 12, 2013

April 19, 2013

---------------

TRUSTEE SALE

5518 Brummitt Hollow Rd. Norton, VA. 24273

In execution of a Deed of Trust from John A. Ingle and Albie W. Ingle dated October 13, 2006 and recorded in the Clerk's Office, Circuit Court, County of Wise, Virginia, as instrument number 200604990, securing a loan which was originally $49,500.00. Default having occurred in the payment of the Note thereby secured, and at the request of the holder of said Note, the undersigned Substitute Trustees will offer for sale at public auction at the County of Wise Circuit Courthouse, 206 E. Main Street, the Main Entrance, Wise Virginia on April 24, 2013 at 3:30 PM, the property described in said Deed of Trust, located at the above address and briefly described as: All That Certain Tract or Parcel of Land Situate on the Waters of Bear Branch, a Tributary of Powells River, in Gladesville Magisterial District, Containing 0.337 Acre, Recorded in Deed Bk. 619, Pg. 605. Tax ID/PIN: 034434 The property will be conveyed by Special Warranty Deed, subject to all existing easements, restrictions and any other conditions that may affect title to the property. The Noteholder reserves the right to bid at the said sale.

TERMS: CASH: A bidder's deposit of $5,000.00, cash or certified check, will be required at the time of sale with the settlement and full payment of the purchase price within (15) fifteen days from the date of the sale. Additional terms will be announced at the time of sale and the successful bidder will be required to execute and deliver to the Substitute Trustee a memorandum or contract of the sale at the conclusion of bidding. This notice is an attempt to collect on a debt and any information obtained will be used for that purpose. Loan Type: CONV VT1227003

FOR INFORMATION

CONTACT:

Between 8 - 11 AM

Nectar Projects, Inc.

Substitute Trustees

P.O. Box 2848

Purcellville VA 20134

(540) 751-1260

A-4375674

04/12/2013, 04/19/2013

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PUBLIC NOTICE OF

SURFACE MINING

BLASTING SCHEDULE

In compliance with Section 4 VAC 25-130-816.64 of the Virginia Coal Surface Mining Reclamation Regulations, notice is hereby given that Cumberland River Coal Company, DMLR Permit 1102011, will be conducting blasting operations on the permit area. The permit area is located in Wise County 1.0 mile NE of Dunbar off St. Rte. 603 on the Flat Gap and Norton, KY-VA USGS 7.5 minute quadrangles. Blasting will be in accordance with all applicable State and Federal laws and will commence according to the following schedule of dates and times, as approved by the regulatory authority:

TIME PERIOD

May 1, 2013 thru

April 30, 2014

DAYS

Mon. thru Sat.

TIMES

Sunrise - Sunset

DAYS

Sunday

TIMES

1:00 p.m. - Sunset

Access to the blasting area will be controlled to prevent unauthorized entry at least ten (10) minutes prior to any blasting event. A warning signal, indicated by three long blasts on an air horn, will be sounded to clear the area. Then another warning signal indicated by two long blasts on an air horn, two minute delay, then one long horn blast prior to the blasting and an all-clear signal indicted by three short blasts will be audible within a range of one-half mile from the point of the blast in accordance with applicable State and Federal laws.

Also, blasting will not be conducted at times other than those announced except in emergency situations where rain, lightning, atmospheric conditions, or operator or public safety requires unscheduled detonation as approved by the regulatory authority.

Cumberland River Coal

Company

P.O. Drawer 109

Appalachia, VA 24216

(276) 679-4937

---------------

PUBLIC NOTICE

OF EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO THE EXTRACTION OF OTHER MINERALS

PUBLIC NOTICE NUMBER

13HGC04

Dry Fork Quarry LLC has submitted to the Virginia Division of Mined Land Reclamation an application for exemption for coal extraction incidental to the extraction of other minerals at the existing quarry operation Permit #90489AA site in Wise County.

The application consists of 9.97AC located on Route 658, Dry Fork Section of Wise County, Virginia.

Application is available for public review at the Division of Mined Land Reclamation office in Big Stone Gap, Virginia during the hours of 8:00 AM to 5:00 PM Monday through Friday. During this period from April 12 to April 19, 2013, the Division will accept written comments, objections, or requests for informal conference relative to this application. Any persons having an interest which is or may be adversely affected by the decision of this application may make such written comments during the review period. Written comments are to be submitted to the Division of Mined Land Reclamation, P.O. Drawer 900, Big Stone Gap, VA 24219, Attention Permit Section, or dmlrpublicnotice@dmme.virginia.gov

---------------

PUBLIC NOTICE

APPLICATION FOR

PERMIT REVISION TO

CSMO PERMIT #1101849

NPDES PERMIT NO. 0081849

UNDER CHAPTER 19

TITLE 45.1

CODE OF VIRGINIA

PUBLICATION NO. 13DLH04

Paramont Coal Company Virginia, LLC, 5703 Crutchfield Dr, Norton, Virginia 24273 is applying to the Virginia Division of Mined Land Reclamation (VDMLR) for a Revision of Permit No. 1101849 in order to change Pond No. 2 and No. 4’s classification as permanent structures at the following location:

Pond No. 2 is located in Dickenson County 2.5 miles east of Pound on Georges Fork next to State Route 631. The existing pond and NPDES outfall 002 is at latitude 37º 07’ 27” and longitude 82º 32’ 02.8” on the Pound 7.5’ USGS Quadrangle. Surface drainage from Pond No. 2 will enter Lick Fork. Pond 4 is located in Wise County 2.0 miles east of Pound on Meade Fork next to Route 83. The existing pond and NPDES outfall 004 is at latitude 37º 07’ 46.7” and longitude 82º 33’ 15.6” on the Jenkins East USGS Quadrangle. Surface drainage from Pond No. 4 will enter Meade Fork.

A copy of the application materials will be available for inspection and public comment at the Circuit Court Clerk’s Office at the Dickenson County Courthouse, Clintwood, Virginia and the Circuit Court Clerk’s Office at the Wise County Courthouse, Wise, Virginia and the Building Inspector’s Office at the Wise County Courthouse, Wise, Virginia. A copy of the application will be available for public inspection and comment at VDMLR’s Big Stone Gap office.

Any person whose interests are or may be adversely affected by the proposed operation, or any officer or head of any Federal, State, or Local Government agency or authority may within 30 days of April 26, 2013 submit written comments or objections, concerning the proposed operation, and may also request in writing, that VDMLR hold an informal conference concerning the application. A request for an informal conference shall follow the requirements of 4 VAC 25-130-773.13(c) of VDMLR’S Regulations.

All correspondence should be submitted to VDMLR, P.O. Drawer 900, Big Stone Gap, Virginia 24219, Attn: Permit Section, Phone: (276) 523-8202. Written comments and a request for informal conference may be e-mailed to the Division at:

dmlrpublicnotice@dmme.viriginia.gov.

Paramont Coal Company

Virginia, LLC

Applicant

---------------

PUBLIC NOTICE

Application for

Bond Reduction

Under Chapter 19, Title 45.1

Code of Virginia

The Banner Company is applying for bond reduction on Permit No. 1102049 located in Dickenson County 2.7 miles south of Nora on Brushy Ridge. This permit consists of 91.77 acres which are bonded for $409,600.00 in the form of insurance surety. As provided by §§4 VAC 25-130-800.40 and 4 VAC 25-130-801.17 of the Virginia Coal Surface Mining Reclamation Regulations, the Applicant is requesting a bond reduction of $204,000.00 on increment number 1, consisting of 67.74 acres.

This bond reduction request is based on completion of 7 full growing season(s) and the following reclamation:

Backfilling and regrading, topsoil placement, seeding and tree planting.

Reclamation was completed on May 5, 2005.

All disturbed areas have been stabilized. Ground cover and trees are established where applicable.

The approved post mining land use for this permit is unmanaged forestry/undeveloped land and industrial – gas wells/pipelines.

Any person with a valid legal interest which might be adversely affected by this proposal; or an officer or head of any federal, state or local government agency or authority may within 30 days of April 19, 2013, Publication #13HGC02, submit written comments or objections concerning this bond reduction, and may also request, in writing, that the Division of Mined Land Reclamation hold a public hearing or an informal conference. A copy of materials concerning this request will be available for public inspection at the Division of Mined Land Reclamation’s office in Big Stone Gap, Virginia.

All correspondence should be submitted to the Division of Mined Land Reclamation (Attention: Permit Section), P. O. Drawer 900, Big Stone Gap, Virginia, 24219. Telephone (276) 523-8202. Written comments and a request for informal conference may be e-mailed to the Division at DmlrPublicNotice@dmme.virginia.gov.

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