TRUSTEES’ SALE OF VALUABLE REAL ESTATE 284 Forest Hl, Clendenin, WV 25045 In a Deed of Trust dated February 6, 2020, and duly recorded in the Office of the Clerk of the County Commission of Kanawha County, WestVirginia, in Deed of Trust Book 4407, at page 109 Aaron Samms andKaylee Wileman did convey unto BAILEY & SLOTNICK PLLC, 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 theaforesaid 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, Kanawha County Courthouse, Charleston, WV 25301 on: March 4, 2025 At 12:00 PM The property for sale as described by the Deed of Trust is as follows: ALL THOSE CERTAIN LOTS, PIECES, OR PARCELS OF LAND, TOGETHER WITH THE IMPROVEMENTS THEREON AND THE APPURTENANCES THEREUNTO BELONGING, SITUATE IN BIG SANDY DISTRICT, KANAWHA COUNTY, WEST VIRGINIA, WHICHSAID PARCEL OF LAND IS COMPRISED OF THREE (3) ACRES, MORE OR LESS, AND HAS BEEN SUBDIVIDED INTO LOTS AND IS NOW KNOWN AS WOODS ADDITION TO THE TOWN OF CLENDENIN, AS SHOWN UPON A MAP MADE BY G.N. PARKER, C.E., OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COURT OF KANAWHA COUNTY, WEST VIRGINIA, IN MAP BOOK 5, AT PAGE 111, WHICH SAID LOTS OR PARCELS OF LAND AS SHOWN ON SAID MAP BEING LOTS NOS. 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 71, 72, 61, 62, 63, 64, 65, AND 66. AND BEING THE SAME PROPERTY CONVEYED UNTO MARSHALL EUGENE BODE AND LOIS EVELYN BODE FROM R.N. COLLINS BY DEED DATED JULY 11, 1955, AND RECORDED IN THE AFORESAID CLERK`S OFFICE IN DEED BOOK 1139, AT PAGE 372. THE SAID MARSHALL EUGENE BODE DIED ON APRIL 6, 2008, AND, BY VIRTUE OF MANNER IN WHICH TITLE WAS HELD, LOIS EVELYN BODE BECAME THEOWNER OF THE PROPERTY. THE SAID LOIS EVELYN BODE DIED TESTATE ON JANUARY 17, 2017 IN KANAWHA COUNTY, WEST VIRGINIA, AND DEVISED THE PROPERTY TO TERRY G. BODE, SHERYL LYNN BODE MICK, AND JEFFREY L. BODE BY THE TERMS OF HER LAST WILL AND TESTAMENT DATED MARCH 27, 1985, AND RECORDED IN THE AFORESAID CLERK`S OFFICE IN WILL BOOK 908, AT PAGE 550. AND EXCEPTING AND RESERVING THAT CERTAIN PARCEL OF LAND CONTAINING 0.190 ACRE, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A NO. 5 REBAR WITH CAP FOUND ON THE SOUTHEASTERLY SIDE OF FOREST HILLS DRIVE AT THE COMMON CORNER BETWEEN PROPERTY NOW OWNED BY CASEY M. AND CATHY E. CLENDENIN IN DEED BOOK 2635, PAGE 235 AND THE TRACT OF WHICH THIS CONVEYANCE IS A PART, THENCE S81-12E 55.33 FEET,LEAVING THE SAID CLENDENIN AND RUNNING THROUGH THE PROPERTY OF WHICH THIS CONVEYANCE IS A PART TO A NO. 5 REBAR WITH CAP SET; THENCE S45-28E 183.88 FEET, CONTINUING THROUGH THE SAID TRACT OF WHICH THIS CONVEYANCE IS A PART TO A NO. 5 REBAR WITH CAP SET IN THE LINE OF PROPERTY OWNED BY DAVID W. AND MARY E. MEADOWS IN DEED BOOK 1466, PAGE 111; THENCE S54-54W 48.20 FEET, RUNNING WITH THE SAID MEADOWS TO A NO. 5 REBAR WITH CAP FOUND AT THE SOUTHEASTERLY CORNER OF THEAFOREMENTIONED CLENDENIN; THENCE N4L32-30W 220.63 FEET, LEAVING THE SAID MEADOWS AND RUNNING WITH THE SAID CLENDENIN TO THE POINT OF BEGINNING, CONTAINING IN ALL 0.190 ACRE, MORE OR LESS, ALL AS SHOWN MORE FULLY ON A MAP OR PLAT ENTITLED “PLAT SHOWING A 0.190 ACRE PARCEL OF LAND IN WOODS ADDITION SITUATE ON THE WATERS OF BIG SANDY CREEK BIG SANDY DISTRICT, KANAWHA COUNTY, WEST VIRGINIA TO BECONVEYED TO CASEY CLENDENIN & CATHY CLENDENIN SCALE: 1″ =40` OCTOBER 1, 2018” AS SURVEYED AND MAPPED BY WILLIAM R. GUNNOE, REGISTERED PROFESSIONAL SURVEYOR, A COPY OF WHICH IS ATTACHED TO THAT DEED RECORDED IN THE AFORESAID CLERK`S OFFICE IN DEED BOOK 3017, AT PAGE 884. AND BEING THE SAME PROPERTY CONVEYED UNTO CASEY M. CLENDENIN AND CATHY E. CLENDENIN FROM TERRY G. BODE, SHERYL LYNN BODE MICK, AND JEFFREY L. BODE BY DEED DATED DECEMBER 4, 2018, AND RECORDED IN THE AFORESAID CLERK`S OFFICE IN DEED BOOK 3017, AT PAGE 884. 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 saledirectly 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 underthis Deed of Trust pursuant to W.Va. Code 38-1-4, in which biddingshall 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 theTrustees 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 $10000 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 sterneisenberg.com LC-197083 11-05,12;2024
