Legal Notices

NOTICE OF TRUSTEE’S SALE NOTICE OF TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, WV Trustee Services, LLC, by that certain Deed of Trust dated December 26, 2002, executed by Borrower, Robert D Williams, to Sara B. Lopez , the Trustee of record in the office of the Clerk of the County Commission of Kanawha County, West Virginia, in Book 2936, at Page 492. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 735 Oakwood Road, Charleston, WV 25314. WV Trustee Services, LLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated April 1, 2020, of record in the Clerk’s Office in Book 4417, Page 770. The borrower defaulted under the Note and Deed of Trust and the Substitute Trustees have been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustees 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 the following date: 16th day of August, 2022 at 11:45 a.m. A condominium residence unit situate in a Multi-Unit area in the City of Charleston, Charleston South Annex District, Kanawha County, West Virginia, within what is known as 735 Oakwood Condominium, a Condominium in said City of Charleston, as said Multi-Unit area is shown and designated upon a map or plat thereof, hereinafter mentioned, which said condominium residence unit is more particularly described as follows: All of Residence Unit No. Four (4), Building No. One (1) of 735 Oakwood Condominium as the same is set cut, laid down and designated upon a map or plat entitled -“Declaration Plan for 735 Oakwood Condominium, a Condominium Consisting of 0.824 Acres Lots C & D of The Daisy Thayer Estate, Charleston South Annex, City of Charleston, Kanawha County, West Virginia”, made by Don K. Cunningham, Licensed Land Surveyor, dated May 1, 1986, filed for record in the office of the Clerk of the County Commission of Kanawha County, West Virginia, on August 8, 1986 hereinafter called “Declaration Plan” , together with an undivided ten percent 10% in and to the common elements which is assigned to said Residence Unit No. 10 and is described in a Declaration of Condominium for 735 Oakwood Condominium, dated May 1, 1986, and recorded in the aforesaid Clerk`s office in Deed Book 2130, page 494, hereinafter called “Declaration”1. For the consideration aforesaid, the parties of the first part further GRANT, SELL and CONVEY to the party of the second part, the following appurtenant easements: (A) Non-exclusive easements for ingress and egress through the common area and for the maintenance of said common area. (B) Non-exclusive easements for encroachments upon the common area or upon other residence units, for the portions of the buildings constituting said condominium, resulting from settling or any cause, other than the willful act of the parties of the second part, their heirs or assigns. This conveyance is made subject, however, to the following reservations: (1) Any portion of the common area lying within said residence unit. (2) An easement appurtenant to the common area and all other residence units for encroachment resulting from settling or other causes except the willful acts of the residence unit owners. 3) An easement on behalf of 73S Oakwood Owner`s Association to enter said residence unit, to maintain, repair or replace common elements, as well as to make repairs to residence units if such repairs are reasonably necessary for public safety or to prevent damage to other residence units or to the common elements. (4) The Declaration of Condominium of 735 Oakwood Condominium, dated May 1, 1986, and recorded in the aforesaid Clerk`s office in Deed Book 2170, page 404. (5) By-Laws for 735 Oakwood Condominium, dated August 8, 1986, and recorded in the aforesaid Clerk`s office in Deed Rook 2170, page 462. The condominium residence unit, undivided interest in the common elements and the appurtenant easements are a part of the same land conveyed to Robert D. Williams by Charles S. Smith and Sherry Lynn Smith, his wife, by deed dated December 26, 2002, and to be recorded in the aforesaid Clerk`s Office, simultaneously herewith as part of this transaction. The party of the second part for himself and on behalf of his heirs, devisees, personal representatives, successors and assigns, by the acceptance of this deed and by joining in the execution of same: (1) covenant and agree to be bound by and comply with all of the covenants, terms, provisions and conditions set forth in the Declaration; (2) covenant and agree to pay such charges for the maintenance of, repairs to, replacement of, and expenses in connection with the common elements as may be assessed from time to time by the Executive Board of 735 Oakwood Owners Association in accordance with the Declaration, the aforesaid By-Laws and the Uniform Common Interest Ownership Act of the State of West Virginia; (3) further covenant and agree that the residence unit conveyed by this deed shall be subject to a charge for all amounts so assessed and that this covenant shall run with and bind the land or the residence unit hereby conveyed and all subsequent owners thereof; and (4) irrevocably appoints Charles S. Smith and J. C. Dillon, Jr., their successors and assigns, as their attorney-in-fact, coupled with an interest to give, execute and record the consent of said parties of the second part to any and all amendments to the Declaration reserved to them in said Declaration. Being the same property conveyed to Robert D Williams by the Deed dated December 26, 2002 and recorded in Deed Book 2568 at Page 999 in the Office of the Clerk of the County Commission of Kanawha County, West Virginia. 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 11-22-1. 3) The Beneficiary and r 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 said property, and any personal property and r 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 within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale. WV Trustee Services, LLC, Substitute Trustee BY: Dionne Reynolds, Limited Signing Officer WV Trustee Services, LLC McGuire Office Center 618 Tenth Street, Suite 108 Huntington, WV 25701 (304) 853-3336 dionne.reynolds@ wvtrusteeservices.com LC-133310 07-26 8-02,09;2022