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 March 11, 2016, executed by Dennis W. Conley to D. Kevin Moffatt, Trustee, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Book 4158, at Page 595. Bailey & Slotnick, PLLC was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated March 23, 2021, of record in the Clerk’s Office in Book 4496, at Page 573. 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: THURSDAY, MAY 20, 2021, AT 10:15 A.M. Being part of a 75.81 acre tract of land, together with the improvements thereon and the appurtenances thereunto belonging, situate on the waters of Five Mile Creek of Coopers Creek in Elk District, Kanawha County West Virginia more particularly described as follows: Beginning at a point in the westerly right of way line of West Virginia (Kanawha County) Secondary Route 28 (Five Mile Fork Road), said point bears N. 32 -17-53″ W. 40.45 feet from a # 5 rebar and cap set marking the Southeast corner of the aforesaid 75.81 acre tract. Thence through the tract of which this survey is a part the following courses and distances: S. 66 -15′-02″ W. 143.03 feet to a point, S. 81 -45′-30″ W. 157.38 feet to a point, N. 81 -11′-29″ W. 120.25 feet to a #5 rebar and cap set, N. 79 -51′-27″ W. 142.66 feet to a point, N. 02 -01′-03″ E. 52.19 feet to a point, N. 78 -48′-51″ E. 161.69 feet to a point, N. 05 -50′-51″ E. 278.79 feet to a point, N. 02′-15-51″ E. 197.01 feet to a point, N. 02 -08′-09″ W. 45.61 feet to a point, N. 14 -10″-51″ E. 49.38 feet to a point, N. 10 -26′-51″ E. 96.24 feet to a point, N. 00 -36′-09″ W. 6.16 feet to a #5 rebar and cap set in the westerly right of way line of West Virginia (Kanawha County) Secondary Route 28, Thence with said right of way line the following courses and distances: S. 31 -04′-21″ E. 73.57 feet to a point, S. 30 -05′-31″ E. 24.12 feet to a point, S. 26 -51′-13: E. 101.56 feet to a point, S. 15 -59′-29″ E. 103.94 feet to a point, S. 11 -15′-51″ E. 83.66 feet to a point, S. 11 -00′-41″ W. 90.78 feet to a point, S. 21 -28′-34″ E. 102.06 feet to a point, S. 32 -06′-49″ E. 94.37 feet to a point, S. 41 -02′-31″ E. 87.51 feet to a point, S. 32 -17′-53″ E. 34.18 feet to a point of beginning containing 3.83 acres more or less. Grantors hereby reserve for themselves, their successors and or assigns, the 16′ right of way as evidenced in map recorded in the Clerk’s office In Deed Book 2640, at page 237. Being the same property conveyed to Thomas H. Walker, his heirs and assigns forever, from Walter E. Sam Fox, Il and Christine H. Fox, husband and wife, by deed dated September 12, 2005, and recorded September 13, 2005 in the office of the Clerk of the County Commission of Kanawha County, West Virginia in Deed Book 2640, at page 237. Also being the same property conveyed to Dennis W. Conley, Il, from Thomas H. Walker and Heather L. Walker, husband and wife, by deed dated March 8, 2016, and recorded in the office of the Clerk of the County Commission of Kanawha County, West Virginia in Deed Book 2933, at page 894. References to the map and deeds are made for a more particular description of the property conveyed herein. 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 $22,000.00 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 26th day of April, 2021. Marc J. Slotnick, Trustee Bailey & Slotnick, PLLC 500 Virginia Street East, Suite 600 Charleston, West Virginia 25301 Phone: (304) 346-1800 WV State Bar No. 5956 LC-109478 05-12,19;2021