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 8, 2016, executed by John Christopher McDonald to Dru A. Shope, Trustee, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Book 4164, at Page 576. Bailey & Slotnick, PLLC was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated October 5, 2021, of record in the Clerk’s Office in Book 4542, at Page 708. 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, NOVEMBER 11, 2021, AT 10:00 A.M. All those certain lots, tracts or parcels of land, together with the improvements thereon and the appurtenances thereunto belonging, situate on Spring Fork of Campbells Creek, Malden District, Kanawha County, West Virginia, to-wit: TRACT ONE: BEING all of Lot A-1 as set out and described on that certain map entitled, “Map Showing the Division of a Parcel of Land on the Waters of Spring Fork of Campbells Creek, Malden District, Kanawha County, West Virginia, now owned by Rachael Crowder Scale: 1″ = 20′ July 15, 1987, Paul G. Smith Licensed Land Surveyor No. 277”, a copy of which is attached to that certain deed from Rachael Crowder to Apex Land and Investment Co. Inc. dated August 12, 1987, and of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 2176, at page 71. TRACT TWO: Parcel One: BEING all of Lot A-2 as set out and described on the above described map. Parcel Two: BEING all that narrow triangular piece of real estate set out and described on that certain map entitled, “Map Showing a 200 Square Foot Parcel of Land on the Waters of Spring Fork of Campbells Creek Malden District, Kanawha County, West Virginia, to be Conveyed to Rachael Crowder Scale: 1″ = 20′ July 14, 1987, Paul G. Smith Licensed Land Surveyor No. 277”, a copy of which said map is of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia. This conveyance is subject to that certain joint driveway set out on the foregoing referenced map established from the properties of the aforesaid Rachael Crowder to provide access to both Lots A-1 and A-2 as the same are shown on the said map. By acceptance of this deed, the party of the second part agrees that the joint driveway will not be blocked at anytime to deny access to either property owner and that the maintenance of the said joint driveway shall be shared mutually and equally by said property owners. LSOT: Deed Book 2804, Page 528, dated September 6, 2011, Office of the Clerk of the County Commission of Kanawha County, West Virginia. Thereafter, Arthur R. Nutter died on June 17, 2015. See Will Book 887, Page 180. Being the same property conveyed unto John Christopher McDonald by Angela Stinnette, Individually and as Executrix of the Estate of Arthur Ray Nutter, Jason A. Nutter, heirs of the Estate of Arthur Ray Nutter, by deed dated April 8, 2016, of recorded in the Clerk’s Office in Book 2936, at age 534. 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 $4,000.00 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 18th day of October, 2021. BAILEY & SLOTNICK, PLLC-TRUSTEE 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-118608 11-03,10;2021