Legal Notices

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 April 28, 2001, executed by Terry R. Gandee to Robert M. Fletcher, Trustee, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Book 2706, at Page 523. Bailey & Slotnick, PLLC was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated June 30, 2020, of record in the Clerk’s Office in Book 4434, at Page 392. 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: TUESDAY, SEPTEMBER 15, 2020, AT 10:15 A.M. Being all that certain lot or parcel of land, together with the improvements thereon, and appurtenances thereunto belonging, situate and being in Big Sandy Tax District, Kanawha County, West Virginia, and being known, numbered, and designated as Lot No. Thirteen (13), Liberty Terrace Subdivision, and being more particularly bounded and described. as follows: BEGINNING at an iron stake in the. southerly right of way line of the State road, known as Thorofare Road, and said iron stake situate in the northeasterly corner of Lot No. 5, as shown and designated on a map or plat entitled: “Map Showing Section “A” Liberty Terrace Subdivision Located Near Clendenin – W.Va. , dated. June 15, 1964, made by J.A. Clendenin, Land Surveyor, and recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Photostatic Map Book 21, page 51; thence with the easterly line of said Lot No. 5, S. 15 22′ E. 176.95 feet and continuing with the westerly line of Second Street and crossing Nichols Avenue, to the southerly side of same, S. 15 22′ E. 60 feet to an iron stake in the southwest corner of Second Street and Nichols Avenue; thence S. 79 42′ W. 300 feet along the southerly line of Nichols Avenue to an iron stake and the actual point of beginning of this parcel hereby conveyed; thence from said actual point of beginning and continuing along the southerly line of Nichols Avenue, S. 79 42′ W. 65.06 feet to an iron pin; thence S. 54 08′ W. 74.83 feet to an iron pin; thence. S. 33 17′ W. 100.95 feet to a pin; being the northeasterly corner of the Cobb and Ellswick property (Lot No.14); thence leaving the southerly line of Nichols Avenue and running with the northeasterly line of said Cobb and Ellswick property, S. 57 46′ E. 220.93 feet to an iron pin; thence N. 72 09′ E. 44.82 feet to an. iron pin and the southeasterly corner of Lot No, 12; thence with the westerly line of Lot No. 12, N. 13 01′ W. 225.51 feet to the actual point of beginning for the parcel hereby conveyed, and containing 0.65 acres, more or less. Being the same property conveyed to Terry R. Gandee by Margaret A. Carter and Gilbert L. Carter, by deed dated April 24, 2001, and recorded in the Clerk’s Office in Book 2525, at Page 914. There is included as a part of this description, a right of way and easement to use First, Second and Third Streets, and Nichols Avenue, for the purpose of ingress and egress, along with other parties entitled to use the same as laid out and shown on the herein above mentioned map of Liberty Terrace Subdivision. 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) 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 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. 6) The total purchase price is payable to the Trustee by cashier’s check, cash or money order within thirty (30) days of the date of sale, with a minimum deposit of $6,000.00 payable to the Trustee by cashier’s check, cash or money order at the time and place of the sale. Given under my hand this 20th day of August, 2020. BAILEY & SLOTNICK, PLLC-TRUSTEE By Marc J. Slotnick, Member Bailey & Slotnick, PLLC 500 Virginia Street East, Suite 600 Charleston, West Virginia 25301 Phone: (304) 346-1800 WV State Bar No. 5956 LC-97281 09-04,11;2020