Legal Notices

NOTICE OF TRUSTEE’S SALE NOTICE OF TRUSTEE’S SALE and Notice of the Beneficiary ervicer’s election to sell property is hereby given pursuant to and by virtue of the authority vested in the Trustee(s) by that certain Deed of Trust dated February 29, 2008, executed by Xtra Incorporated to Philip A. Vallandingham and Samuel A. Vallandingham, Trustees, of record in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Book 2213, at Page 483. This Deed of Trust was assigned from Federal Deposit Insurance Corporation, as Receiver for the First State Bank to MVB Bank, Inc., by Assignment dated August 2, 2022, with an effective date of April 18, 2020, of record in the Clerk’s Office in Book 127, at Page 420. Further assigned from MVB Bank, Inc. to MMG Investments I, LLC, by Assignment dated June 28, 2022, of record in the Clerk’s Office in Book 127, at Page 422. Bailey & Slotnick, PLLC was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated April 19, 2023, of record in the Clerk’s Office in Book 415, at Page 230. The borrower defaulted under the Note and Deed of Trust and the Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Trustee will sell the following described property to the highest bidder at the side door of the Courthouse of Cabell County, in Huntington, West Virginia, on: THURSDAY, JUNE 8, 2023, AT 12:00 P.M. All those certain lots, pieces or parcels of ground situate in the City of Huntington, Gideon District, Cabell County, West Virginia, and being more particularly described as follows: PARCEL ONE: All those certain lots, pieces or parcels of ground situate in the City of Huntington, Cabell County, West Virginia, and being known and described on a certain map of KIRK PLACE made by R. W. Breece, Engineer, a copy of which said map is of record in Deed Book No. 202, at page 428, in the Office of the Clerk of the County Commission of Cabell County, West Virginia, and being a SUBDIVISION OF LOTS NUMBERS 28, 29 and 30 of BLOCK NUMBER 240, as said lots and block are shown on the revised map of the City of Huntington made by L. W. Leete, Civil Engineer, a copy of which was filed in the County Commission Clerk’s office on the 3rd day of December, 1903, as LOT NUMBER 3. PARCEL TWO: All that certain lot, tract, piece or parcel of ground situate in the City of Huntington, Cabell County, West Virginia, as shown, known and designated on the revised map of the said City of Huntington, made by L. W. Leete, Civil Engineer, which map was filed in the Cabell County Commission Clerk’s office on the 31st day of December 1903, and bounded and described as follows: BEGINNING at a point in the westerly line of Kirk Place, as the same is designated on a certain map of KIRK PLACE made by R. W. Breece, Engineer, a copy of which said map is of record in Deed Book No. 402, at page 428, in the Office of the Clerk of the County Commission of Cabell County, West Virginia, the said Kirk Place, being a SUBDIVISION OF LOTS NUMBERS 28, 29 and 30 in BLOCK NUMBER 240, as said lots and block are shown on the revised map of the said City of Huntington made by L. W. Leete, Civil Engineer, a copy of which was filed on December 31, 1903, in the said Clerk’s Office, said point in the westerly line of Kirk Place being the point of intersection of the said westerly line of Kirk Place and the line dividing Lots 1 and 3 of said Kirk Place; thence from said beginning point in a westerly direction parallel with the northerly line of Fourth Avenue, a distance of 40 feet to a point; thence in a northerly direction parallel with the west line of Twenty-Fifth Street, a distance of 35 feet to a point; thence in an easterly direction parallel with the south line of Three and One-Half Alley, a distance of 40 feet to a point in the westerly line of Kirk Place, said point being the point of intersection of said westerly line with the line dividing Lots 3 and 5 of said Kirk Place; thence in a southerly direction with the westerly line of Lot 3 of said Kirk Place a distance of 35 feet to the point of BEGINNING, and being a CROSS SECTIONAL PART OF LOT NO. 31 in BLOCK NO. 240. Being the same property conveyed unto XTRA INCORPORATED from Pauline P. Cartmill, Executrix of the Estate of Lillian Fay Hix, by Deed dated April 13, 2004, of record in the Clerk’s Office in Book 1122, at page 564. At the time of the execution of the Deed of Trust, this property was reported to have an address of: 3 Kirk Place, Huntington, WV 25703. 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 11-22-2. 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 the 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 by cashier’s check, cash or money order within thirty (30) days of the date of sale, with a minimum deposit of $3,000.00 payable to the Trustee by cashier’s check, cash or money order at the time and place of the sale. Given under my hand this 15th day of May, 2023. BAILEY & SLOTNICK, PLLC-TRUSTEE By: Marc J. Slotnick, Member Bailey & Slotnick, PLLC 500 Virginia Street East, Suite 600 Charleston, West Virginia 25301 Phone: (304) 346 1800 WV State Bar No. 5956 LH-152608 5-31,6-7;2023