NOTICE OF TRUSTEE’S SALE

NOTICE OF TRUSTEE’S SALE and Notice of the Beneficiary/Servicer’s election to sell property is hereby given pursuant to and by virtue of the authority vested in the Trustee by that certain Deed of Trust dated May 13, 2008, executed by Jessica D. Stapleton to Rickie E. Rice, Trustee, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Book 3567, at Page 917. Bailey & Slotnick, PLLC was appointed as Trustee by SUBSTITUTION OF TRUSTEE dated April 26, 2019, of record in the Clerk’s Office in Book 4361, at Page 765. The borrower defaulted under the Note and Deed of Trust and the Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Trustee 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: WEDNESDAY, JUNE 5, 2019, AT 2:00 O’CLOCK P.M. All that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in the City of Nitro, Nitro District, Kanawha County, West Virginia, and being composed and comprised of all of Lot No. Seven Hundred Nine (709) and the easterly 20 feet of Lot No. Seven Hundred Seven (707) adjoining said Lot No. Seven Hundred Nine (709) all in Area “P” of the Nitro Reservation as set out, shown, and laid upon a map or plat entitled, “Plat of Areas, P, R & S of the Nitro Reservation” which map is of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Photostatic Map Book 2 at page 42 and which tract of land hereby and herein conveyed is more particularly bounded and described as follows: BEGINNING at a point in the northerly line of Seventh Street, said point being in said northerly line of Seventh Street, the front common corner between Lots Nos. 709 and 711 of Area “P” of said Nitro Reservation, said beginning point being also located S. 66 15′ E. 200 feet from the intersection of the said northerly line of Seventh Street which the easterly line of Second Avenue; thence from said beginning point and running along the northerly line of Seventh Street, said last mentioned point being also in the southerly line of Lot No. 707 of the said Area “P” of the said Nitro Reservation; thence leaving Seventh Street and running through said Lot No. 707 with a line parallel to the dividing line between the aforementioned Lots Nos. 707 and 709 and 20 feet distance therefrom N. 23 45′ E. 65 feet to a point in the division line between Lots No. 707 and 708 of the said Area “P” of the Nitro Reservation; thence running S. 66 15′ E, 60 feet to a point, said last mentioned point being a common rear corner between Lots Nos. 709, 711, 810 and 812 of the said Area “P” of the said Nitro Reservation; thence running along the division line between the aforesaid Lots Nos, 709 and 711, S. 23′ 45’W. 65 feet to the place of beginning. This is the same property conveyed unto Jessica Dawn Stapleton by deed dated April 17, 2008, of record in the Clerk’s Office in Deed Book 2721, at Page 181. 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 11-22-2. 3) Real estate taxes due and payable have been paid. All real estate taxes hereafter will be the responsibility of the purchaser. 4) The Beneficiary and/or the Servicer of the Deed of Trust and Note reserve the right to submit a bid for the property at sale. 5) 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. 6) The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate the property, and any personal property and/or belongings remaining at the property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY. 7) The total purchase price is payable to the Trustee by cashier’s check, cash or the equivalent within thirty (30) days of the date of sale, with a minimum deposit of $8,000.00 payable to the Trustee by cashier’s check, cash or money order at the time and place of the sale. There will be no refund granted of any amount if the third party purchaser elects not to purchase the property for any reason. 8) For more information on this property, please see listing on the PROPERTIES FOR SALE WEBSITE: https://properties.sc.egov.usda.gov/resales/public/home. Given under my hand this 14th day of May, 2019. BAILEY & SLOTNICK, PLLC-TRUSTEE By: Marc J. Slotnick, Member 500 Virginia Street East, Suite 600 Charleston, West Virginia 25301 Phone: (304) 346 1800 WV State Bar No. 5956 LC-71252 5-28;6-4;2019