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 February 9, 2017, executed by Tammy L. Stoops to Dru Shope, Trustee, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Book 4223, at Page 355. Bailey & Slotnick, PLLC was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated November 2, 2021, of record in the Clerk’s Office in Book 4549 at Page 117. 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, DECEMBER 16, 2021, AT 10:15 A.M. All those certain lots, tracts or parcels of land, together with all appurtenances thereunto belonging and appertaining, situate in Big Sandy District, Kanawha County, West Virginia, and more particularly bounded and described as follows: Tract One: All that certain lot, tract or parcel of land, together with all appurtenances thereunto belonging and appertaining, situate in Big Sandy District, Kanawha County, West Virginia, and more particularly bounded and described as follows: BEGINNING at an iron found on the north side of secondary 43/2 at a corner to the parent tract and the Philco, LLC tract, thence N. 36-54 E. 551.23′ to an iron rod set and the True Place of Beginning, thence continuing with the said line; N. 36-54 E. 353.09′ to an iron rod set, thence across the parent tract; S. 60-44 E. 44.04′ to an iron rod set, thence; S. 21-13 E. 136.06′ to an iron rod set on the northwest side of a private drive, thence along the same; S. 40-39 W. 95.89′ to an iron rod set by a 5″ white oak, thence; S. 30-59 W. 197.50′ to an electric pole (#107A73), thence leaving the drive; N. 51-26 W. 173.37′ to the True Place of Beginning, containing 1.23 acres more or less. There is further granted and conveyed by the party of the first part to the parties of the second part, their heirs, successors and assigns, that certain 24′ wide right of way, with the centerline thereof being the centerline of driveway as presently traveled, for purposes of access, ingress, egress, and for the installation, maintenance and repair of all utility services. Said right of way shall extend from West Virginia Secondary 43/2 to the boundary line of the above described 1.23-acre tract. Tract Two: All that certain lot, tract or parcel of land, together with all appurtenances thereunto belonging and appertaining, situate in Big Sandy District, Kanawha County, West Virginia, and more particularly bounded and described as follows: BEGINNING at an iron rod found on the north side of secondary 43/2 at a corner to James R. West tract and a corner to the parent tract, thence with the same N. 36-54 E. 551.23′ to an iron rod set and the True Place of beginning, thence across the parent tract; N. 51-26 W. 94.04′ to an iron rod set, thence; N. 40-21 E. 158.95′ to an iron rod set, thence; N. 23-03 E. 179.81′ to a 15″ poplar, thence; S. 60-44 E. 128.54′ to an iron rod set in the parent tract line, thence with the same; S. 36-54 W. 353.09′ to the True Place of Beginning, containing 0.78 acres, more or less. And being the same real estate conveyed to Tammy L. Stoops by Trampus Hawkins and Elizabeth Hawkins by deed dated February 9, 2017, and recorded in said Clerk’s Office in Deed Book 2964, at page 447. 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 $2,000.00 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 22nd day of November, 2021. 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-120665 12-08,15;2021