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 October 15, 2004, executed by Borrowers, Ricky Fouty and Tina L Fouty, to Steven Thomas, the Trustee of record in the office of the Clerk of the County Commission of Kanawha County, West Virginia, in Book 3186, at Page 323. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 286 Blue Creek Rd, Elkview, WV 25071. WV Trustee Services, LLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated August 2, 2022, of record in the Clerk’s Office in Book 4607, Page 488. The borrowers 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: 15th day of December, 2022 at 11:15 a.m. All the surface of that certain tract: BEGINNING at a point in the westerly right of way line of West Virginia Secondary Route Number 57, said point bears S. 81 degrees 04′ W. 14.71 feet from the centerline junction of Route Number 57 and Ash Lock Branch, a point of reference for the South Penn Oil Co. office lot corner to Harold K. Fouty 0.74 acre tract and Daires Young; Thence with the line of Daires Young D.B. 2639 P. 584 S 81DEGREES 04′ W, 187.28′ to a point in the easterly r line of Conrail Rail Road corner to Young and Fouty. Thence with the easterly r line of Conrail Rail Road N 18DEGREES 20′ W, 11.08′ to a point in said r line. Thence continuing with said r line N 23DEGREES 44′ W, 94.59′ to a point in said r line. Thence with same N 31DEGREES 19′ W, 135.53′ to a 51/3″ rebar (found) in concrete corner to Fouty 0.74 acre tract and Brenda J. Sanger 0.06 acre tract. Thence leaving said Conrail r and with the line of Sanger N 59DEGREES 52′ E, passing a 51/3″ rebar (found) at 39.19′ at the corner to the 0.74 acre tract, 0.11 acre tract, and 0.06 acre tract a total distance of 96.02′ to a 51/3″ rebar (found) in the westerly r line of WV Sec. Rt. 57 corner to Sanger and Fouty. Thence with the westerly r line of WV Sec. Rt. 57 S 46DEGREES 28′ E, 35.37′ to a point in said r line. Thence continuing with said r line S 43DEGREES 42′ E, 114.67′ to a 51/3″ rebar (found) in said r line corner to 0.74 acre tract and 0.11 acre tract. Thence with same S 47DEGREES 18′ E, 113.79′ to a point in said r line. Thence with same S 41DEGREES 49′ E, 23.36′ to a point in said r line. Thence with same S 20DEGREES 19′ E, 28.51′ to a point in said r line. Thence with same S 00DEGREES 20′ W, 3.44′ to the place of beginning, containing 0.85 acres, more or less. Deed Reference: Tax Map 30, Tax Parcel’s 74.1 & 73.3, Harold K. & Ricky H. Fouty, Deed Book 2370 P. 167 and Deed Book 2380 P. 125, Elk Dist., Kanawha Co. WV. For a more particular description see map prepared by Wilkinson Surveying, LLC. dated Dec. 7, 2015 and entitled “RETRACEMENT SURVEY PLAT FOR, FIDELITY NATIONAL TITLE GROUP, CLAIM NO. 520149, BEING A 0.80 AC. TRACT, ON THE WATERS OF BLUE CK, ELK DIST., KANAWHA CO. WV, SCALE 1″=40′”. Being the same property conveyed to Ricky H. Fouty and Harold K Fouty by the Deed dated July 19, 1995 and recorded in Deed Book 2370 at Page 167 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@ wvtrusteeservi