NOTICE OF TRUSTEE’S SALE Notice is hereby given that by virtue of the authority under that certain deed of trust executed by Bruce Hayes, to P. Michael Pleska and F. Thomas Graff, Jr., Trustees dated July 13, 2012, and recorded in the office of the Clerk of the County Commission of Kanawha County, West Virginia, in Trust Deed Book 3885, at page 551, and re-recorded in Trust Deed Book 3902, at page 270, by which was conveyed to said Trustee(s) the hereinafter described real estate to secure the payment of a certain promissory note set out and described therein, and default having been made in the payment of said note, the undersigned Substitute Trustee(s) having been appointed Substitute Trustee by an Appointment of Substitute Trustee dated March 3, 2020, and having been requested in writing by the holder of said note, will sell to the highest and best bidder on June 2, 2020 at 5:33 p.m., at the front door of the courthouse of Kanawha County, West Virginia, the real estate conveyed by said deed of trust and situate in Union District, Kanawha County, West Virginia, together with easements, improvements and appurtenances thereunto belonging, and at the time of the signing of the Deed of Trust it was reported that the address was 5312 Sunrise Lane, Cross Lanes, WV 25313 and being more particularly bounded and described therein as follows: All of the following described real estate together with the improvements thereon and the appurtenances thereunto belonging situate in Union District, Kanawha County, West Virginia and being all of Lot No. Three (3) as shown upon that certain map entitled, “Map Showing Lots 3, 4, 5, 6 and 7 as surveyed for Robert H. Keeney and Ruthie E. Keeney, his wife, Union District, Kanawha County, West Virginia Scale 1″ = 50′ June 29, 1976”, which said map is recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 1815, at page 626. Being the same real estate conveyed unto Michael R. Leviere and Rachel B. Leviere from James M. McNeil and Doris M. McNeil, by deed dated December 13, 2002, recorded in the aforesaid Clerk’s Office in Deed Book 2566, at page 715. For the consideration aforesaid, the parties of the first part do further GRANT and CONVEY unto the parties of the second part, their heirs, assigns and successors in title, as an appurtenance to the above described property, a right of way and easement over and across the front part of the original 14.608 acre tract for the purpose of ingress and egress, extending from the property herein conveyed to Koontz Road, which said right of way shall be used jointly by other adjoining property owners and shall be kept open for travel at all times and unobstructed, which right of way shall be 30 feet in width and extend from the property hereby conveyed along the line of the land of Ambrose Layne a distance of 350 feet, more or less, to Koontz Road. This conveyance is made subject to those certain covenants, conditions, restrictions, reservations, and maintenance obligations as set out in the deed from Ruthie E. Keeney and Robert H. Keeney to Larry J. McNiel dated December 9, 1976, recorded in the aforesaid Clerk’s Office in Deed Book 1815, at page 621. And being the same property acquired by Michael R. and Rachel B. Leviere, by Deed dated December 13, 2002, from James M. and Doris N. McNiel, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 2566, at page 715. This sale is made subject to any special assessments, unpaid taxes, easements, conditions, reservations and restrictions affecting the aforesaid real estate. The property will be conveyed in an “AS IS” condition by Deed containing no warranty, express or implied, subject to 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. Pursuant to the terms of said deed of trust, the Substitute Trustee(s) may postpone the sale by public announcement at the time and place designated for the sale. The West Virginia Housing Development Fund or its designee may purchase the property at any sale. The Substitute Trustees 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. TERMS OF SALE: Ten percent (10%) of the purchase price as a cash deposit with the balance due and payable within 30 days of the day of the sale. DATED this 1st day of May, 2020. Pill & Pill, PLLC, Substitute Trustee BY: Richard A. Pill, Member 304-263-4971 foreclosures@ pillwvlaw.com LC-91982 05-19,26;2020
