Legal Notices

TRUSTEES’ SALE OF VALUABLE REAL ESTATE 180 Monterey Dr, Saint Albans, WV 25177 In a Deed of Trust dated September 15, 2004, and duly recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed of Trust Book 3176, at page 552 Michael D. Miller and Sharon A. Miller did convey unto JAMES B CRAWFORD III, Trustee, certain real property. The beneficial holder of that Deed of Trust has elected to appoint Terra Abstract Trustee West Virginia, Inc. as substitute trustees by a Substitution of Trustee recorded in the aforesaid Clerk’s Office. Default having occurred under the Deed of Trust and the beneficial holder having instructed the undersigned Trustees to foreclose, this real property will be sold at public auction at the front door of the Kanawha County Courthouse, 407 Virginia Street, East, Charleston, West Virginia 25301 on: January 26, 2023 At 12:00 PM The property for sale as described by the Deed of Trust is as follows: ALL THOSE CERTAIN TRACTS OR PARCELS OF LAND, TOGETHER WITH THE IMPROVEMENTS THEREON AND THE APPURTENANCES THEREUNTO BELONGING, SITUATE IN JEFFERSON DISTRICT, KANAWHA COUNTY, WEST VIRGINIA, SAID PARCELS OF LAND BEING COMPOSED AND COMPRISED OF ALL OF LOT NO. ONE HUNDRED FIVE (105) AS SET OUT AND SHOWN ON A MAP OR PLAT DATED DECEMBER 2, 1960, MADE BY J. LEWIS HARK, REG. PROF ENGR. AND ENTITLED “SECOND SECTION OF LOTS ON MONTEREY DRIVE SUN VALLEY ADDITION NEAR ST. ALBANS IN JEFFERSON DISTRICT KANAWHA COUNTY W. VA.”, WHICH MAP IS OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF KANAWHA COUNTY, WEST VIRGINIA, IN MAP BOOK 20, AT PAGE 85, AND A TRIANGULAR LOT IMMEDIATELY ABUTTING ON THE EAST OF THE AFORESAID LOT NO. 105, SAID TRIANGULAR LOT BEING A PORTION OF THE UNNUMBERED TRACT SHOWN ON THE AFORESAID MAP; THE SAID PARCEL OF LAND HEREIN AND HEREBY CONVEYED BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHERLY LINE OF MONTEREY DRIVE, SAID BEGINNING POINT BEING ALSO THE NORTHEASTERN CORNER OF THE LOT CONVEYED TO GRADY M. BROWN AND B. LORENE BROWN, HIS WIFE, BY LOVE INC. BY DEED DATED MAY 15, 1962 OF RECORD IN AFORESAID CLERK`S OFFICE IN DEED BOOK 1360, AT PAGE 187, SAID BEGINNING POINT BEING ALSO THE NORTHWESTERN CORNER OF LOT NO. 105; THENCE FROM SAID BEGINNING POINT AND RUNNING ALONG THE SOUTHERLY LINE OF MONTEREY DRIVE N. 71DEGREES 35` E. 70 FEET TO A POINT; THENCE LEAVING MONTEREY DRIVE AND RUNNING S. 18DEGREES 25` E. 107.5 FEET TO A POINT; THENCE RUNNING S. 66DEGREES 10` W. 75.62 FEET TO A POINT; THENCE S. 75DEGREES 11` W. 40.23 FEET TO A POINT; THENCE N. 3DEGREES 37` E. 121 FEET TO THE PLACE OF BEGINNING AS THE SAME IS SHOWN AND SET OUT ON A MAP DATED FEBRUARY 27, 1971, MADE BY J. LEWIS HARK, REG. PROF. ENGR. AND ENTITLED “NO. 180 MONTEREY DRIVE BEING LOTS 105 AND 105A OF THE SECOND EXTENSION OF LOTS ON MONTEREY DRIVE SUN VALLEY ADDITION NEAR ST. ALBANS IN JEFFERSON DISTRICT, KANAWHA COUNTY, W. VA. PROPERTY OF JAMES MICHAEL JOHNSON AND BARBARA MACKAYE JOHNSON ATTACHED TO THE DEED FROM FREDERICK 0. BURGESS AND JULE S. BURGESS TO JAMES MICHAEL JOHNSON AND BARBARA MACKAYE JOHNSON DATED MARCH 8, 1971, OF RECORD IN SAID CLERK`S OFFICE IN DEED BOOK 1614, AT PAGE 259. The purchaser will take the property subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real property. The purchaser will be responsible for paying any transfer stamp, excise taxes, and recording costs associated with recording the Trustee’s Deed into their name. The purchaser will be responsible for paying any unpaid property taxes owed to the Sheriff of Kanawha County prior to or following the sale directly to the Sheriff. The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance having priority over the deed of trust referred to herein. The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance that is junior (“junior claims”) to this Deed of Trust and to which sufficient notice was not given. In that case, unless such right to notice is waived, the chain of title shall not merge with this Deed of Trust as to those unnoticed deeds of trust, judgments, liens, and other encumbrances and will be subject to a further noticed and published sale under this Deed of Trust pursuant to W.Va. Code 38-1-4, in which bidding shall resume at the last highest bid given. In the event of a surplus of such sale, the mortgagors and noticed junior lienholders are hereby on notice that if such surplus is less than Two Thousand Five Hundred Dollars ($2,500.00), then the Substitute Trustee will disburse those proceeds to the most senior interest holder as it sees fit, unless an objection is made in writing. The Trustees do not guarantee or represent that the boundaries described above are accurate, are not encroached upon, or that any particular structure located on the property is contained within the described boundaries. The property is therefore sold subject to an accurate survey at purchaser’s expense. The Trustees reserve the right to adjourn the sale, for a time, or from time to time, by announcement at the time and place of sale described above or any adjournment thereof. Such adjournment will be noticed by posting a notice at the front door of the county courthouse or where such notices are traditionally posted at the county courthouse. Such notice will include the date and time when such sale will reconvene. The Trustees reserve the right to reject any and all bids for any reason. The Trustees make no representations as to the condition of the property. The property will be sold in “AS IS” condition. The Trustees make no representations as to whether the property is occupied. The purchaser is responsible for gaining access and possession of the property. Trustees shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. The purchaser may assign its rights prior to the delivery of the trustee’s deed by a signed request in writing to the trustee; the assignee of the purchaser shall be bound by all terms and conditions applicable to the purchaser. The Trustees will deliver a trustees’ deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code 38-1-6. The Trustees make no representations and warranties about the title of the real estate to be conveyed. If the Trustees are unable to convey insurable or marketable title to purchaser for any reason, purchaser’s sole remedy is return of deposit. TERMS OF SALE: Purchaser must bring $3,000.00 cash in hand at the time of sale as a deposit in the form of a certified check or cashier’s check made payable to “Stern & Eisenberg, PC, counsel for Terra Abstract Trustee West Virginia, Inc.” Those appearing without their deposit will not be allowed to bid. The balance of the successful purchaser’s bid must be proffered in cash within 30 days of the date of the sale. Purchaser shall pay for transfer stamps and recording fees. Additional terms of sale may be announced prior to the sale. Terra Abstract Trustee West Virginia, Inc. 1581 Main Street, Suite 200 The Shops at Valley Square Warrington, PA 18976 (215) 572-8111, Fax: (215) 572-5025 www.sterneisenberg. com LC-1426