Kanawha

Legal Notices

NOTICE OF TRUSTEE’S SALE NOTICE OF TRUSTEE’S SALE and Notice of the Beneficiary/Servicer’s election to sell that property secured by that certain Deed of Trust dated September 8, 2005, executed by David S. Tate to Marc J. Slotnick, Trustee, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Book 3281, at Page 950. 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: FRIDAY, DECEMBER 13, 2019, AT 10:00 O’CLOCK A.M. All that certain lot, tract or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate on the waters of Rocky Fork, near Cross Lanes, Union District, Kanawha County, and being more particularly bounded and described as follows: Being all of parcel B as shown upon a map entitled, “Subdivision Map of Lynndale Estates Being Tracts A, B, C, & D, Situated on the Waters of Rocky Fork Creek Near Cross Lanes Union District, Kanawha County, W.Va.”, made by Wilkinson Surveying and Engineering, Incorporated, dated April 20, 1982, revised May 2, 1989, and attached and made a part of Deed recorded in Deed Book 2229, at page 691. This conveyance is made subject to the Declaration of Restrictive Covenants, Conditions and Reservations recorded in the aforesaid Clerk’s Office. And being the same property conveyed to Davis S. Tate by Deed dated September 8, 2005 record in the aforesaid Clerk’s Office in Deed Book 2640 at page 39. 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 $15,000.00 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 November, 2019. 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-83620 12-5.12;2019