NOTICE OF TRUSTEE’S SALE Pursuant to the authority vested in the undersigned J. Patrick Jones, Substitute Trustee by Notice of Substitution of Trustee which notice is of record in the Office of the Clerk of the County of Commission of Kanawha West Virginia and by Deed of Trust dated June 6, 2016, executed by John Fitzgerald Rice to Richard A. Pill, Trustee, which deed of trust is of record in the Office of the Clerk of Kanawha County, West Virginia, in Trust Deed Book 4175 at Page 606, the undersigned Substitute Trustee has been requested, in writing, by the beneficiary of said deed of trust to sell the real estate described below, as there has been a default under the terms and conditions of said deed of trust. Therefore, the undersigned Substitute Trustee will sell the real estate described in the Deed of Trust, at a public auction on January 9, 2020 at 10:00 a.m. to the highest bidder at the front door (Virginia Street, East) of the Courthouse of said County of Kanawha, in Charleston, West Virginia, which real estate is more completely described as follows: All of that certain lot, tract or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, and being Lot Five (5), situate and being within Section One (1) of Grandview Estates, in the City of Dunbar, Dunbar District, Kanawha County, West Virginia, and being more particularly bounded and described as follows, to-wit: Being known and designated as Lot Five (5), as shown upon that certain map entitled, “Section One of Grandview Estates Located in the City of Dunbar, Situated on the Waters of Dutch Hollow Creek, Dunbar District, Kanawha County, W.Va.”, dated October 27, 1981, as prepared by Wilkinson Surveying and Engineering, Inc., and duly of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Map Book 36, at page 59. Along with the right to use the streets and ways as shown upon the aforesaid map as a means of ingress and egress to and from said lot and the right to use the utility systems within said subdivision. Subject to those certain easements, protective covenants, restrictions and conditions set out in that certain instrument entitled, “Declaration of Protective Covenants and Reserved Rights, Privileges and Easements Applicable to Lots in Section One (1) of Grandview Estates, City of Dunbar, Dunbar District, Kanawha County, West Virginia”, dated the 20th day of June, 1979, and recorded in said Clerk’s Office in Deed Book 1910, at 256. Map No.: 2 Parcel No.: 9 TERMS OF SALE 1. Cash in hand paid on the day of sale. 2. The sale of the property will be made subject to all matters having priority over the deed of trust referred to herein including but not limited to any and all assessments and taxes against said property, all prior liens, encumbrances, lease, restrictions, covenants, conditions, right of ways and easements of any nature whatsoever. 3. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code 11-22-2. 4. The subject property will be sold in “AS IS” condition. The Substitute Trustee makes no representations and warranties of any kind or character including, but not limited to, the condition of the real estate or the title to the real estate to be conveyed. 5. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. 6. The Substitute Trustee reserves the right to adjourn the sale, for a time, or from time to time, without further notice by announcement at the time and place of the sale described above. 7. The beneficiary of the Deed of Trust and holder of the note thereby secured reserves the right to submit a bid for the property at the sale, which bid may be in the form of a credit bid. 8. Such other terms as may be announced at the time of Sale. Given under my hand this 9th day of December, 2019. J. Patrick Jones, Substitute Trustee 304-529-856 LC-84495 12-13,20;2019
