Legal Notices

NOTICE OF TRUSTEE’S SALE NOTICE IS HEREBY GIVEN that, default having been made in the payment of the indebtedness secured by the deed of trust hereinafter described, and the undersigned having been required so to do by the owner and holder of said indebtedness, the undersigned Trustee will offer for sale at the front door of the Kanawha County Courthouse, Charleston, West Virginia, on WEDNESDAY, AUGUST 31, 2022, at 10:00 o’clock in the forenoon, local time, at public auction, to the highest bidder for cash, all of the right, title and interest of EDWARD H. STAATS, III in and to the real property described in a certain deed of trust dated May 23, 2011, to RANDALL E. SNIDER and ANDREW WOOFTER (also known as Andrew C. Woofter, III), original Trustees, recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in General Lien Book No. 3798, at page 16 thereof, possessed by the said EDWARD H. STAATS, III as at the making of said deed of trust, which real estate conveyed by said maker is situate in the County of Kanawha, State of West Virginia, and is described therein as follows, to-wit: Parcel No. One: Beginning at an iron pin located over a 6 inch High Pressure gas line of Rays Branch, corner to a tract of 4.0 acres this day conveyed by Dennis Lewis and wife to the party of the second part and also corner to a tract owned by Jas. S. and Virginia D. Huffman; thence leaving the Huffman tract and running up the branch with the 4.9 acre tract, N. 9DEGREES 15′ W. 81 feet to a fence post in swampy branch bottom (sic), corner to said 4.9 acre tract; thence with same N. 23DEGREES 50′ E. 230 feet more or less to a white oak in fence; thence leaving the 4.9 acre tract and running N. 80DEGREES W. thirty (30) feet more or less to a stake in the Poffenbarger or Carwithen dirt road; corner to the Poffenbarger or Carwithen land; thence running with said Carwithen land and with and down the said dirt road a southwesterly direction following the meanders of said road to a stake in said road; thence leaving the Carwithen land and running due east about fifteen (15) feet more or less to the place of beginning and containing about one-fifth (15/8) of an acre, more or less. Parcel No. Two: Beginning at an iron pin located on the outside boundary line of the original 4.9 acre tract which is the northwest corner of Lot No. 5 of Section A of Homewood Addition and a map of said Addition is of record in the Office of the Clerk of the County Commission of Kanawha County in Map Book 13, at page 59; thence with the westerly line of Lot No. 5, S. 5DEGREES 00′ E. 125 feet to an iron pin and being the southwesterly corner of Lot No. 5; thence S. 68DEGREES 12′ E. 44.27 feet to an iron pin which is in the northerly line of Lot No. 10 in said Addition on Colby Road, which point is 10 feet from the northwesterly corner of Lot No. 10; thence leaving Colby Road and crossing the northwesterly corner of Lot No. 10, S. 39DEGREES 00′ W. 36.11 feet to an iron pin placed in between the front corners of two garage apartments; thence running between said apartments S. 46DEGREES 50′ W. 81.02 feet to an iron pin; thence S. 7DEGREES 15′ E. 64.36 feet to an iron pin in the outside line of the original 4.9 acre tract which joins the property formerly called the Huffman property; thence with three (3) calls of the outside line of the original 4.9 acre tract, N. 75DEGREES 15′ W. 20.95 feet to an iron pin Beech Pointer; thence S. 48DEGREES 52′ W. 240.2 feet to an iron pin and marked White Oak; thence S. 75DEGREES 55′ W. 74.35 feet to an iron pin at 4″ High Pressure Gas line and being the corner of said 4.9 acre tract where the Carwithen (Poffenbarger), Huffman and Hundley (Lewis) properties meet; thence with first parcel mentioned herein (15/8 acre), (formerly Carwithen property) N. 9DEGREES 15′ W. 81.0 feet to an iron pin; thence 20DEGREES 33′ E. 356.35 feet to an iron pin; thence N. 74DEGREES 22′ E. 148.50 feet to the beginning, containing 1.93 acres, more or less. Subject to that certain easement and right for the building, laying and maintaining a concrete turn around at the southwest corner of Lot No. 5 of Homewood Addition, Loudon District, Kanawha County, West Virginia, which concrete turn around shall be nine (9) feet in width and fifteen (15) feet in depth and located as the same was located and built on the southwest corner of said Lot No. 5, being the same contained in that certain agreement between Sadie C. Hundley, et al, to William H. Kiser, et al, dated the 8th day of February, 1957, and recorded in the aforesaid Clerk’s Office in Deed Book 1202, at page 197, together with the easement and right of way for the purpose of ingress and egress for pedestrian, motor and vehicular traffic over and across that certain 20 foot road known as Colby Road from Autumn Road over Colby Road to the parcels conveyed herein, being the same as contained in that certain deed recorded in the aforesaid Clerk’s Office in Deed Book 825, at page 327, and appearing on that certain map of Section A, Homewood Addition, Loudon District, Kanawha County, West Virginia, in Map Book 13, at page 59. Subject to that certain easement for the purpose of ingress and egress only over the following described parcel; to-wit: Beginning at the original northwest comer of Lot No. 10 of the aforesaid Addition; thence with the westerly line of Lot No. 10, S. 5DEGREES 00′ E. 10 feet, more or less, to point in the outside line of Parcel No. 2 heretofore described; thence with on call of Parcel No. 2, N. 39DEGREES 00′ E. 16 feet more or less to a point in the northerly line of Lot No. 10 of said Addition which is 10 feet east of the northwest comer of said Lot 10; thence, N. 5DEGREES 00′ E. 20 feet crossing Colby Road to Lot No. 5 of said Addition; thence with southerly line of said Lot No. 5, S 85DEGREES 00′ W. 10 feet; thence leaving Lot No. 5, S. 5DEGREES 00′ E. 20 feet to the beginning. Said easement shall not be blocked or used for the parking of motor vehicles or any other vehicles by the parties herein, their heirs, successors or assigns. Excepting and reserving that certain right of way and easement across Parcel No. 49, South Annex Map No. 9 (Homewood Addition), for the purpose of a public storm sewer, conveyed unto City of Charleston by deed dated August 1, 1985 and of record in the aforesaid Clerk’s Office in Deed Book 2101, at page 36. Excepting and reserving that certain deed conveyance to Snodgrass Limited Liability Company dated July 2, 1998, and of record in the aforesaid Clerk’s Office in Deed Book 2444, at page 523. The above described property is (the same property that was conveyed by CitiMortgage, Inc. to United States Department of Housing and Urban Development by deed dated February 5, 2010, of record in the office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 2763, page 632. Upon information and belief, the Real Property or its address is commonly known as 1609 Colby Road, Charleston, West Virginia. 1. Minimum acceptable bid is $74,200.00, of which the sum of $2,500.00 by Bank or Cashier’s check must be delivered at the sale, with the balance due within 14 days or as the Trustee and bidder(s) may otherwise agree at sale. 2. Subject to any and all reservations, exceptions, conditions, grants of rights of way and easements made by the grantor and his predecessors in title prior to the granting of the deed of trust being foreclosed upon. 3. The undersigned reserves the right to adjourn the sale from day to day and time to time upon oral proclamation made at the time and place of sale set forth herein or at such later time and place to which the sale has theretofore been adjourned, and further reserves the right to alter the terms of sale at any such continued sale, including, but to limited to, a lower minimum bid. 4. The undersigned reserves the right to reject any and all bids. 5. Sale is subject to unpaid ad valorem taxes and special assessments, if any. 6. The premises described hereinabove, including any and all improvements thereto, are sold “AS IS-WHERE IS” with no warranty express or implied. 7. The owner and holder of the indebtedness secured by the deed of trust described hereinabove reserves the right to bid at this sale. 8. The successful buyer at the sale will be responsible for paying any and all transfer stamps, excise fees and recording costs with respect to the trustee’s deed. 9. Neither the owner and holder of the indebtedness secured by the underlying deed of trust nor the Trustee shall have any duty to cause any existing tenant or person or persons occupying the subject property to vacate said property. 10. Sale is subject to the provisions of W.Va. Code 38-1-16 regarding any existing tenancy at the subject premises. 11. Any personal belongings remaining in the subject premises after sale shall be deemed abandoned and may thereafter be disposed of at the successful bidder’s or bidders’ discretion. Any person or entity claiming ownership of or any interest in any such property should contact the undersigned prior to sale about any such claim. 12. The successful bidder at the sale and the Trustee shall execute a Memorandum of Sale at the conclusion of the sale, and the terms of the Memorandum shall control. 13. In the event that the successful bidder at the sale fails or refuses to consummate his, her, its or their purchase, then the Trustee shall have the option to consummate sale with the next highest bidder at the sale. Dated at Parkersburg, West Virginia, this, the 25th day of July, 2022. ANDREW C. WOOFTER, III, Trustee, Address: 2104 Dudley Avenue, Parkersburg, West V