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 December 23, 2009, executed by Borrower, Velma Childers, to Michael J. Bell , the Trustee of record in the office of the Clerk of the County Commission of Kanawha County, West Virginia, in Book 3697, at Page 341. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 4292 Greenview Rd, South Charleston, WV 25309. WV Trustee Services, LLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated April 13, 2020, of record in the Clerk’s Office in Book 4418, Page 706. The borrower 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: 5th day of June, 2020 at 11:15 a.m. ALL THAT CERTAIN LOT OR PARCEL OF LAND, TOGETHER WITH THE IMPROVEMENTS THEREON AND THE APPURTENANCES THEREUNTO BELONGING, SITUATE ON THE WATERS OF CROOKED CREEK, A TRIBUTARY OF COAL RIVER, IN WASHINGTON TAX DISTRICT, KANAWHA COUNTY, WEST VIRGINIA, AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO-WIT; BEGINNING AT AN OLD BOLT IN CONCRETE IN AN OLD STUMP (FOUND) AT THE COMMON CORNER TO THE 12.442 ACRE TRACT OF LAND PRESENTLY OWNED BY FREDDIE A. CHILDERS AND THE VELMA CHILDERS BEING DESCRIBED IN THAT CERTAIN DEED DATED OCTOBER 31, 1987 AND RECORDED IN THE AFORESAID CLERK’S OFFICE IN DEED BOOK 2187, AT PAGE 154, AND ALSO BEING A COMMON CORNER TO THE PARCEL OF LAND PRESENTLY OWNED BY DAN SHAFFER AND THE PARCEL OF LAND PRESENTLY OWNED BY DAVID MITCHELL, AND RUNNING THENCE FROM SAID BEGINNING POINT WITH FIVE (5) COMMON LINES TO MITCHELL ALONG THE WESTERLY LINE OF T.J. BAYS ROAD (BEING A DIRT ROAD) S. 14 DEGREES 59 MINUTES W., 72.51 FEET TO AN IRON PIN (SET); THENCE S. 5 DEGREES 33 MINUTES W., 115.37 FEET TO AN IRON PIN (SET); THENCE S. 0 DEGREES 13 MINUTES E., 55.94 FEET TO AN IRON PIN (SET); THENCE S. 19 DEGREES 37 MINUTES E., 72.87 FEET TO AN IRON PIN (SET); THENCE S. 59 DEGREES 52 MINUTES E., 2.91 FEET TO AN IRON PIN (SET) IN THE WESTERLY LINE OF SMITH CREEK HOOD (ALSO WEST VIRGINIA ROUTE NO. 9); THENCE RUNNING WITH THE WESTERLY LINE OF SMITH CREEK ROAD (ALSO WEST VIRGINIA ROUTE NO. 9) WITH A CURVED LINE TO THE LEFT WITH THREE (3) CHORDS THEREOF S. 29 DEGREES 50 MINUTES W., A CHORD DISTANCE OF 75.17 FEET TO A POINT; THENCE S. 25 DEGREES 48 MINUTES N., A CHORD DISTANCE OF 74.73 FEET TO A POINT; THENCE S. 13 DEGREES 40 MINUTES W., A CHORD DISTANCE OF 85.98 FEET TO A POINT; THENCE S. 3 DEGREES 04 MINUTES W., 139.78 FEET TO A POINT AT THE INTERSECTION OF THE WESTERLY LINE OF SMITH CREEK ROAD WITH THE NORTHERLY LINE OF CROOKED CREEK ROAD (ALSO WEST VIRGINIA SECONDARY ROUTE NO. 9/5); THENCE RUNNING WITH THE NORTHERLY LINE OF CROOKED CREEK ROAD WITH A CURVED LINE TO THE RIGHT WITH THREE CHORDS THEREOF S. 85 DEGREES 51 MINUTES W., A CHORD DISTANCE OF 49.25 TO A POINT; THENCE N. 79 DEGREES 36 MINUTES W., A CHORD DISTANCE OF 87.71 FEET TO A POINT; THENCE N. 68 DEGREES 06 MINUTES W., A CHORD DISTANCE OF 117.56 FEET TO A POINT; THENCE RUNNING WITH A CURVED LINE TO THE LEFT WITH THREE CHORDS THEREOF N. 76 DEGREES 21 MINUTES W., A CHORD DISTANCE OF 61.78 FEET TO A POINT; THENCE S. 82 DEGREES 53 MINUTES W., A CHORD DISTANCE OF 69.30 FEET TO A POINT; THENCE S. 67 DEGREES 35 MINUTES W., A CHORD DISTANCE OF 122.75 FEET TO A POINT; THENCE RUNNING WITH A CURVED LINE TO THE RIGHT WITH THREE CHORDS THEREOF S. 75 DEGREES 57 MINUTES W., A CHORD DISTANCE OF 96.12 FEET TO A POINT; THENCE S. 88 DEGREES 35 MINUTES W., A CHORD DISTANCE OF 46.96 FEET TO A POINT; THENCE N. 77 DEGREES 10 MINUTES W., A CHORD DISTANCE OF 29.12 FEET TO A POINT; THENCE RUNNING WITH A CURVED LINE TO THE LEFT WITH THREE CHORDS THEREOF N. 63 DEGREES 39 MINUTES W., A CHORD DISTANCE OF 120.73 FEET TO A POINT; THENCE N. 75 DEGREES 52 MINUTES W., A CHORD DISTANCE OF 72.63 FEET TO A POINT; THENCE N. 85 DEGREES 00 MINUTES W., 116.15 FEET TO AN IRON PIN (SET) AT THE COMMON FRONT CORNER TO SAID CHILDERS TRACT AND THE TRACT OF LAND PRESENTLY OWNED BY CYNTHIA AKERS ESTATE; THENCE LEAVING SAID NORTHERLY LINE OF CROOKED CREEK ROAD AND RUNNING WITH THE COMMON DIVISION LINE BETWEEN SAID CHILDERS AND AKERS WITH THE EXISTING FENCE LINE AND EXISTING OLD IRON PINS ON SAID LINE N. 28 DEGREES 30 MINUTES E., 667.98 FEET TO AN OLD ONE (1) INCH IRON PIN (FOUND) AT FENCE CORNER; THENCE RUNNING WITH THE EXISTING OLD BARBED WIRE FENCE ALONG THE DIVISION LINE BETWEEN SAID CHILDERS AND THE TRACT OF LAND PRESENTLY OWNED BY WILLIS G. VIA AND BETTY JANE VIA N. 89 DEGREES 43 MINUTES E., PASSING AN OLD IRON PIN (FOUND) ON LINE AT A COMMON CORNER TO THE PARCEL OF LAND PRESENTLY OWNED BY DAN SHAFFER AT 641.77 FEET AND CONTINUING ON IN THE SAME STRAIGHT LINE IN ALL A DISTANCE OF 731.77 FEET TO THE PLACE OF BEGINNING, CONTAINING 12.442 ACRES, GROSS. THERE IS EXCEPTED FROM THE 12.442 ACRE TRACT THE PARCEL OF LAND CONTAINING 0.25 ACRE BEING KNOWN AS “MILLER CEMETERY” BEING DESCRIBED IN DEED BOOK 314, AT PAGE 58, THE 12.442 ACRE TRACT IS ALSO SUBJECT TO THAT CERTAIN TWELVE (12) FOOT RIGHT OF WAY FOR INGRESS AND EGRESS TO SAID “MILLER CEMETERY” BEING DESCRIBED IN DEED BOOK 619, AT PAGE 389. THE 12.442 ACRE TRACT OF LAND HAS BEEN SURVEYED ON THE GROUND BY FIELD SURVEYING COMPANY, INC. OF CHARLESTON, WEST VIRGINIA, AND A MAP PREPARED THEREFROM ENTITLED “MAP SHOWING TRACT OF LAND LOCATED ON THE WATERS OF CROOKED CREEK, WASHINGTON DISTRICT, KANAWHA COUNTY, WV PRESENTLY OWNED BY FREDDIE A. CHILDERS AND VELMA CHILDERS”, DATED MAY 8, 1989 AND ON A SCALE OF ONE INCH EQUALS FIFTY (50) FEET, A COPY OF WHICH SURVEY IS ATTACHED HERETO AND MADE A PART HEREOF. Being the same property conveyed to Freddie A Childers and Velma Childers by the Deed dated January 6, 1989 and recorded in Deed Book 2226 at Page 682 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/or 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/or 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-92228 05-15;2020