Legal Notices

TRUSTEES’ SALE OF VALUABLE REAL ESTATE 5301 Pamela Circle, Charleston, WV 25313 In a Deed of Trust dated December 23, 2019, and duly recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed of Trust Book 4401, at Page 31, Tonio J. Caldwell and Stacy M Caldwell did convey unto Robert Skeen, 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: September 22, 2022 At 12:00 PM The property for sale as described by the Deed of Trust is as follows: ALL THAT CERTAIN PIECE OR PARCEL OF LAND, TOGETHER WITH THE IMPROVEMENTS THEREON AND THE APPURTENANCES THEREUNTO BELONGING, SITUATE ON OR NEAR THE SOUTHERN SIDE OF WEST VIRGINIA SECONDARY ROUTE NO. 5, NEAR THE WATERS OF ROCKY FORK OF POCA RIVER AND NEAR THE COMMUNITY OF CROSS LANES, IN UNION DISTRICT, KANAWHA COUNTY, WEST VIRGINIA, BEING MORE PARTICULARLY DESIGNATED AND DESCRIBED AS ALL OF LOT FORTY (40) OF SECTION “B” OF WEST GATE SUBDIVISION, AS SHOWN UPON A MAP OF SECTION “B” OF SAID SUBDIVISION MADE BY MUNICIPAL ENGINEERING CORPORATION, BY C. B. HOLSCLAW, R.P.C.E. PRES, DATED FEBRUARY, 1967, OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF KANAWHA COUNTY, WEST VIRGINIA, IN PHOTOSTATIC MAP BOOK 22, AT PAGES 138 AND 139. THERE IS EXCEPTED HEREFROM AND NOT CONVEYED ALL OF THE OIL AND GAS IN AND UNDERLYING SAID LOT NO. FORTY (40) OF SECTION “B”; PROVIDED, HOWEVER, THAT THE FRANKLIN REAL ESTATE COMPANY, ITS SUCCESSORS AND ASSIGNS AND LESSEES SHALL HAVE NO RIGHT TO DRILL UPON SUCH LOT OR TO USE ITS SURFACE FOR ANY PURPOSE WHATSOEVER AND SHALL CONDUCT FROM LANDS OTHER THAN SUCH LOTS ANY OPERATIONS FOR THE RECOVERY OF SUCH OIL AND GAS. THIS CONVEYANCE IS MADE AND ACCEPTED, AND THE FOREGOING REAL ESTATE IS CONVEYED, SUBJECT TO ALL EXCEPTIONS, RESERVATIONS, RESTRICTIONS, COVENANTS AND EASEMENTS, AND AGREEMENTS APPEARING IN THE CHAIN OF TITLE TO THE REAL ESTATE HEREBY, CONVEYED AND OF RECORD IN SAID CLERK`S OFFICE. THE GRANTOR HEREBY ASSIGNS, TRANSFERS AND SETS OVER UNTO THE GRANTEE ONE MEMBERSHIP IN THE WEST GATE SUBDIVISION PROPERTY OWNERS MAINTENANCE ASSOCIATION TOGETHER WITH ALL THE RIGHTS, PRIVILEGES AND OBLIGATIONS OF SUCH MEMBERSHIPS. THE GRANTEE, FOR THEMSELVES, AND THEIR SUCCESSORS AND ASSIGNS, BY ACCEPTING THIS DEED ACCEPT SUCH MEMBERSHIP AND AGREE TO BE BOUND BY THE PROVISIONS OF THE CHARTER AND BY-LAW OF THE SAID WEST GATE SUBDIVISION PROPERTY OWNER MAINTENANCE ASSOCIATION, AS THE SAME NOW AND MAY HEREAFTER PROVIDE. LSOT: DEED BOOK 3040, PAGE 95, DATED JUNE 21, 2019, OFFICE OF THE CLERK OF THE COUNTY COMMISSION, KANAWHA COUNTY, WEST VIRGINIA. WV -8020 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 $16,000.00 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-134911 8-16,23;2022