Legal Notices

TRUSTEES’ SALE OF VALUABLE REAL ESTATE 938 Helene Street, Saint Albans, WV 25177 In a Deed of Trust dated August 1, 2018, and duly recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed of Trust Book 4323, at Page 272, Brenda B. Parsons did convey unto Lisa L. Balderson, Trustee, certain real property. The beneficial holder of that Deed of Trust has elected to appoint Terra Abstract Trustee West Virginia, Inc. as substitute trustees by a Substitution of Trustee recorded in the aforesaid Clerk’s Office. Default having occurred under the Deed of Trust and the beneficial holder having instructed the undersigned Trustees to foreclose, this real property will be sold at public auction at the front door of the Kanawha County Courthouse, 407 Virginia Street, East, Charleston, West Virginia 25301 on: July 21, 2022 At 12:00 PM The property for sale as described by the Deed of Trust is as follows: SITUATE IN THE CITY OF ST. ALBANS, KANAWHA COUNTY, WEST VIRGINIA, KNOWN AND DESIGNATED AS LOT “A” OF THE PARTIAL SUBDIVISION OF PARCEL NO. 1 “BERTHA HERZOG PROPERTY”, AS SHOWN ON A PLAT HEREINAFTER REFERRED TO, AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN OLD IRON PIN LOCATED IN THE EASTERLY LINE OF HELENE STREET AND AT THE NORTHWESTERLY CORNER OF LOT NO. 23 AS SHOWN ON THAT CERTAIN MAP ENTITLED, “MAP SHOWING FIRST ADDITION TO THE SUBDIVISION OF THE HOMEPLACE OF THE WILLIAM H. SIMMS ESTATE”, MADE BY FIELD ENGINEERING COMPANY DATED MARCH 11, 1970, AND OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY OF KANAWHA COUNTY, WEST VIRGINIA, IN MAP BOOK 23, AT PAGES 138 AND 139, SAID BEGINNING POINT ALSO BEING THE SOUTHWESTERLY CORNER OF LOT NO. 1 (KNOWN AS THE BERTHA HERZOG PROPERTY) AS SHOWN ON THAT CERTAIN MAP ENTITLED, “PARTITION OF J.V.R. SKINNER ST. ALBANS HOMEPLACE”, MADE BY C.B. HOLSCLAW, ENGINEER, DATED FEBRUARY 1950, AND OF RECORD IN THE AFORESAID COUNTY CLERK`S OFFICE IN DEED BOOK 922, AT PAGE 462; THENCE LEAVING SAID LOT NO. 23 AND RUNNING IN A NORTHWESTERLY DIRECTION WITH THE EASTERLY LINE OF SAID HELENE STREET A DISTANCE OF 5 FEET, MORE OR LESS, TO A POINT IN SAID STREET, SAID COURSE BEING ALONG THE SOUTHERLY LINE OF THAT CERTAIN PARCEL OF LAND DESIGNATED “5 FOOT RESERVATION” ON THE ABOVE REFERRED TO SIMMS ESTATE MAP, WHICH PARCEL WAS CONVEYED UNTO JOSEPHINE FONTAINE, BY DEED FROM WILLIE SIMMS STURM AND OTHERS HEREINAFTER REFERRED TO; THENCE CONTINUING WITH THE EASTERLY LINE OF HELENE STREET AS SHOWN ON SAID SIMMS ESTATE MAP N. 6DEGREES 37` W. (CORRECTED FROM N. 7DEGREES 10` W.), A DISTANCE OF 80 FEET, MORE OR LESS, TO AN IRON PIN IN SAID STREET; THENCE LEAVING HELENE STREET AND RUNNING THROUGH SAID 5-FOOT RESERVATION N. 83DEGREES 23` E. A DISTANCE OF 5 FEET, MORE OR LESS, TO AN IRON PIN IN THE WESTERLY LINE OF LOT NO. 1 (KNOWN AT THE BERTHA HERZOG PROPERTY) AS SHOWN ON SAID PARTITION MAP OF J.V.R. SKINNER PROPERTY, A PORTION OF WHICH WAS CONVEYED TO JOSEPHINE FONTAINE, AND HER LATE HUSBAND, NICHOLAS LOUIS FONTAINE, BY BERTHA HERZOG, UNMARRIED, BY DEED DATED APRIL 22, 1958, AND OF RECORD IN THE AFORESAID COUNTY CLERK`S OFFICE IN DEED BOOK 1243, AT PAGE 199, THENCE RUNNING THROUGH SAID LOT NO. 1 S. 77DEGREES 24` E. A DISTANCE OF 148.05 FEET TO AN IRON PIN IN THE EASTERLY LINE OF SAID LOT NO. 1; THENCE WITH THE EASTERLY LINE OF SAID LOT NO. 1 S. 21DEGREES 15` W. 80 FEET TO AN IRON PIN IN THE NORTHERLY LINE OF SAID LOT NO. 23; THENCE WITH THE NORTHERLY LINE OF SAID LOT NO. 23 N. 75DEGREES 34` W. 109.75 FEET TO THE PLACE OF BEGINNING, AND BEING PART OF SAID LOT NO. 1, AND PART OF SAID 5-FOOT RESERVATION; AND BEING ALL OF THE SAME PROPERTY CONVEYED UNTO THE PARTIES OF THE FIRST PART HEREIN BY CARROLL N. BRIGHTWELL AND MURIEL BRIGHTWELL, HIS WIFE, BY DEED DATED JANUARY 7, 1977, AND RECORDED IN THE AFORESAID COUNTY CLERK`S OFFICE IN DEED BOOK 1818, AT PAGE 203; TO WHICH MAP AND DEED REFERENCE IS HERE MADE FOR A MORE PARTICULAR DESCRIPTION OF THE PROPERTY HEREIN CONVEYED. The purchaser will take the property subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real property. The purchaser will be responsible for paying any transfer stamp, excise taxes, and recording costs associated with recording the Trustee’s Deed into their name. The purchaser will be responsible for paying any unpaid property taxes owed to the Sheriff of Kanawha County prior to or following the sale directly to the Sheriff. The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance having priority over the deed of trust referred to herein. The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance that is junior (“junior claims”) to this Deed of Trust and to which sufficient notice was not given. In that case, unless such right to notice is waived, the chain of title shall not merge with this Deed of Trust as to those unnoticed deeds of trust, judgments, liens, and other encumbrances and will be subject to a further noticed and published sale under this Deed of Trust pursuant to W.Va. Code 38-1-4, in which bidding shall resume at the last highest bid given. In the event of a surplus of such sale, the mortgagors and noticed junior lienholders are hereby on notice that if such surplus is less than Two Thousand Five Hundred Dollars ($2,500.00), then the Substitute Trustee will disburse those proceeds to the most senior interest holder as it sees fit, unless an objection is made in writing. The Trustees do not guarantee or represent that the boundaries described above are accurate, are not encroached upon, or that any particular structure located on the property is contained within the described boundaries. The property is therefore sold subject to an accurate survey at purchaser’s expense. The Trustees reserve the right to adjourn the sale, for a time, or from time to time, by announcement at the time and place of sale described above or any adjournment thereof. Such adjournment will be noticed by posting a notice at the front door of the county courthouse or where such notices are traditionally posted at the county courthouse. Such notice will include the date and time when such sale will reconvene. The Trustees reserve the right to reject any and all bids for any reason. The Trustees make no representations as to the condition of the property. The property will be sold in “AS IS” condition. The Trustees make no representations as to whether the property is occupied. The purchaser is responsible for gaining access and possession of the property. Trustees shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. The purchaser may assign its rights prior to the delivery of the trustee’s deed by a signed request in writing to the trustee; the assignee of the purchaser shall be bound by all terms and conditions applicable to the purchaser. The Trustees will deliver a trustees’ deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code 38-1-6. The Trustees make no representations and warranties about the title of the real estate to be conveyed. If the Trustees are unable to convey insurable or marketable title to purchaser for any reason, purchaser’s sole remedy is return of deposit. TERMS OF SALE: Purchaser must bring $13,000.00 cash in hand at the time of sale as a deposit in the form of a certified check or cashier’s check made payable to “Stern & Eisenberg, PC, counsel for Terra Abstract Trustee West Virginia, Inc.” Those appearing without their deposit will not be allowed to bid. The balance of the successful purchaser’s bid must be proffered in cash within 30 days of the date of the sale. Purchaser shall pay for transfer stamps and recording fees. Additional terms of sale may be announced prior to the sale. Terra Abstract Trustee West Virginia, Inc. 9920 Franklin Square Drive, Suite 100 Baltimore, MD 21236 (410) 635-5127, (443) 815-3931 www.sterneisenberg. com LC