Legal Notices

NOTICE OF TRUSTEE’S SALE NOTICE OF TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, WV Trustee Services, LLC, by that certain Deed of Trust dated September 26, 2017, executed by Borrower(s), Ashley Nicole O`Neill, to Andrew C. Skinner, the Trustee of record in the office of the Clerk of the County Commission of Kanawha County, West Virginia, in Book 4266, at Page 69. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 15 Pinewood Cir, Saint Albans, WV 25177. WV Trustee Services, LLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated June 23, 2022, of record in the Clerk’s Office in Book 4598, Page 464. The borrower(s) defaulted under the Note and Deed of Trust and the Substitute Trustees have been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustees will sell the following described property to the highest bidder at the front door of the Courthouse of Kanawha County, in Charleston, West Virginia, on the following date: 8th day of September, 2022 at 11:15 a.m. Situate in Jefferson District, Kanawha County, West Virginia, and being all of Lot No. Fifteen (15) of Chestnut Point Subdivision, as the said lot is shown and designated upon that certain map entitled, “Chestnut Point Subdivision Phase I, etc.. Waters of Big Coal River, Jefferson District, Kanawha County,” said map dated June 13, 1977, Scale 1″ = 50`, prepared by Roger K. Randolph, P.E. #6246, said map being duly of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia; and being the same property conveyed unto Jimmy D. Fields and Diane L. Fields, his wife, by Deed dated May 25, 1978 and recorded in the aforesaid Clerk`s Office in Deed Book 1868 at page 163, reference to said map and deed is hereby made for a further description of the real estate hereby conveyed. It is expressly covenanted and agreed by and between the parties hereto, their heirs, successors and assigns, as follows: 1. The lot herein conveyed shall be used for residential purposes only and no building shall be erected, altered, placed or permitted to remain on said lot other than one detached single family dwelling, not to exceed two and one-half stories in height, a private garage for not more than two cars, and a 10` x 10` aluminum or steel building for purpose of storage, and that the said real estate herein conveyed shall not be subdivided in any manner. 2. No dwelling shall be permitted on said lot at a cost of less than Forty Thousand Dollars ($40,000.00), said cost to be determined by the prevailing prices of labor and materials in the Charleston, West Virginia, area as of September 1, 1977. 3. No noxious or offensive activities shall be carried upon said lot or shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 4. No mobile home or structure of a temporary nature, trailer, basement, tent, shack, garage, barn, or other outbuildings shall be used on said lot at any time as a residence, either temporarily or permanently. 5. No animals, livestock or poultry of any kind shall be raised, kept or bred on said lot, except that dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose. 6. Said real estate shall not be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for storage or disposal of such materials shall be kept in a clean and sanitary condition. 7. No outdoor signs, notices, placards, billboards, or other advertising media shall be displayed or erected on said premises and the party of the first part, and its successors in title shall have the right to remove any such signs, etc., without process, suit or legal action. 8. No dwelling or any part thereof constructed on said real estate herein conveyed shall be located nearer than twenty (20) feet to the front lot line, or nearer to an adjoining property line than five (5) feet. However, the said party of the first part reserves the option and right to alter, amend, change, or entirely delete the terms and provisions of the foregoing in order that the real estate herein conveyed may be efficiently utilized for the construction and maintenance of any dwelling erected upon said real estate. 9. Invalidation of any one of these covenants by judgment of a Court Order of Decree shall in no way affect any of the other provisions which shall remain in full force and effect. It is further covenanted and agreed by and between the parties hereto that the foregoing covenants and restrictions shall be covenants running with the land and shall be binding upon the parties of the second part, their heirs and assigns. The said parties of the second part covenant and agree with the party of the first part that, in consideration of this conveyance, the parties of the second part do hereby become members of the Chestnut Point Property Owners Association, Inc., a nonstock, nonprofit corporation, to be governed by the Articles of Incorporation and Bylaws thereof, and in order to create a maintenance fund for the maintenance of sewers and streets in “Chestnut Point”, the parties of the second part will pay to the said Association, its successors or assigns a sum: (a) Not less per year than Eighty Dollars; and (b) Not more per year than One Dollar per One Hundred Dollars of the annual assessed valuation for tax purposes of the parties of the second part`s lot and improvements situate thereon if said lot and improvement shall constitute Class 11 property, and not to exceed Two Dollars per One Hundred Dollars of such assessed valuation if said lot and improvements shall constitute Class III property. The valuation shall be that fixed and determined annually by the Assessor of Kanawha County, West Virginia. The assessment for the maintenance fund made by said Association, its successors or assigns, may be made on an annual or monthly basis, but shall not be for an amount greater than a sum reasonably projected to cover maintenance costs of sewers and streets in Chestnut Point. This agreement shall he a covenant running with the land and binding upon the parties of the second part, their heirs, personal representatives and assigns, and upon the default by the parties of the second part, their heirs, personal representatives or assigns, in the payment of any amount becoming due and payable thereunder, then the same may be collected by the party of the first part, its successors and assigns, by action or suit against the then owners of said lot. The party of the first part does hereby except and reserve a right of way easement five (5) feet in width, which said easement and right of way parallels all the boundary lines of the lot herein conveyed, and a utility easement five (5) feet in width as shown on the map recorded with the Deed dated May 25, 1978 in the aforesaid Clerk`s Office in Deed Book 1868 at page 163. SOT: Deed Book 2424, Page 171, dated September 25, 1997, Office of the Clerk of the County Commission, Kanawha County, West Virginia. Being the same property conveyed to Ashley Nicole O`Neill by the Deed dated September 22, 2017 and recorded in Deed Book 2983 at Page 16 in the Office of the Clerk of the County Commission of Kanawha County, West Virginia. TERMS OF SALE: 1) The property will be conveyed in an “AS IS” physical condition by Deed containing no warranty, express or implied, subject to the Internal Revenue Service right of redemption, all 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 the West Virginia Code 11-22-1. 3) The Beneficiary and r the Servicer of the Deed of Trust and Note reserve the right to submit a bid for the property at sale. 4) The Trustee reserves 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. 5) The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate said property, and any personal property and r belongings remaining at the property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY. 6) The total purchase price is payable to the Trustee within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale. WV Trustee Services, LLC, Substitute Trustee BY: Dionne Reynolds, Limited Signing Officer WV Trustee Services, LLC McGuire Office Center 618 Tenth Street, Suite 108 Huntington, WV 25701 (304) 853-3336 dionne.reynolds@ wvtrusteeservices.com LC-134717 08-12,18,25 9-01;2022