Kanawha

Legal Notices

TRUSTEES’ SALE OF VALUABLE REAL ESTATE 255 Offutt Drive, Charleston, WV 25302 In a Deed of Trust dated January 9, 2007, and duly recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed of Trust Book 3432, at page 215 Shannon Meadows did convey unto RECONTRUST COMPANY, N.A., 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: January 26, 2023 At 12:00 PM The property for sale as described by the Deed of Trust is as follows: ALL THAT CERTAIN PARCEL OF LAND SITUATE ON THE WATERS OF COOPERS CREEK IN ELK DISTRICT, COUNTY OF KANAWHA AND STATE OF WEST VIRGINIA BEING DESCRIBED AS FOLLOWS: PARCEL ONE: BEGINNING AT A 3/4″ IRON PIPE IN THE NORTHERN RIGHT OF WAY LINE OF U.S. ROUTE 119, WHICH SAID PIPE IS ALSO THE CORNER OF THE SHERMAN MCFARLAND PARCEL (DEED BOOK 1794 PAGE 226); THENCE NORTH 10 DEGREES 00″ WEST 142.40 FEET TO A 31/3″ REINFORCED ROD IN THE NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE 119; THENCE CONTINUING WITH SAID NORTHERLY RIGHT OF WAY LINE OF SAID U.S. ROUTE 119 NORTH 24 DEGREES 40` WEST 86.00 FEET TO A 1/2″ ALUMINUM PIPE; THENCE WITH SAID RIGHT OF WAY LINE NORTH 38 DEGREES 40` WEST 80.00 FEET TO A 1/2″ ALUMINUM PIPE IN SAID NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE 119; THENCE NORTH 4 DEGREES 30` WEST 37.60 FEET TO A 1/2″ ALUMINUM PIPE IN A DRAIN; THENCE NORTH 72 DEGREES 51` EAST 36.59 FEET TO A 1/2″ ALUMINUM PIPE IN A DRAIN; THENCE SOUTH 28 DEGREES 44` EAST 398.77 FEET TO A W ALUMINUM PIPE IN THE RIGHT OF WAY OF THE SHERMAN MCFARLAND TRACT; THENCE NORTH 75 DEGREES 00` WEST 104.40 FEET TO A 3/4″ IRON PIPE, THE PLACE OF BEGINNING, CONTAINING 19,369 SQUARE FEET, MORE OR LESS, SHOWN AND DESCRIBED UPON A MAP THEREOF MADE BY D.L. WILKINSON, LICENSED LAND SURVEYOR NO. 52, ATTACHED TO DEED BOOK 1808 PAGE 134, WHICH MAP IS TITLED: “PROPERTY MAP FOR RICHARD F. AND G. KAY KEMPF, BEING A 19,369 SQUARE FEET TRACT NEAR THE TOWN OF BIG CHIMNEY SITUATED ON THE WATERS OF COOPERS CREEK, ELK DISTRICT, KANAWHA COUNTY, WEST VIRGINIA, SCALE: 1` = 50`, WILKINSON SURVEYING AND ENGINEERING INCORPORATED, DUNBAR, WEST VIRGINIA, AUGUST 30, 1978. PARCEL TWO: BEGINNING AT A STAKE AT THE UPPER SIDE OF A ROAD AND IN A LINE OF LAND OF EARL FIELDS AND RUNNING WITH HIS LINE UP THE HILL NORTH 74 DEGREES WEST 23 POLES AND 3 LINKS TO A STAKE IN THE LINE IN THE LANDS OF SQUIRE GIBSON; THENCE NORTH 41 DEGREES 10` EAST 17 POLES LEAVING THE GIBSON LINE AND DOWN THE HILL TO A STAKE, AT THE UPPER SIDE OF SAID ROAD AND AT THE CORNER OF A GARDEN, AND RUNNING DOWN THE UPPER SIDE OF SAID ROAD SOUTH 55 DEGREES EAST 7 POLES AND 15 LINKS TO AN IRON PIPE; THENCE SOUTH 30 DEGREES 15` EAST 7 POLES AND 8 LINKS TO AN IRON PIPE; THENCE SOUTH 12 DEGREES EAST 9 POLES AND 2 LINKS TO THE PLACE OF BEGINNING, CONTAINING 1.47 ACRES. TAX ID: MAP 36 PARCEL 80 ACCOUNT 8308113 MAP 37 PARCEL 1.2 ACCOUNT 7341334 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 $4,000.00 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. 1581 Main Street, Suite 200 The Shops at Valley Square Warrington, PA 18976 (215) 572-8111, Fax: (215) 572-5025 www.sterneisenberg. com LC-142155 12-09,16;2022

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