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 March 20, 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 166. 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 685. 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 687. 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 238. 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 NO. 1. All that certain lot, pieces or parcels of ground known and designated as the EASTERLY THREE (3) FEET OF NO. 5A of what is known as KIRK PLACE as shown and designated upon a map made by R. W. Breece, Engineer, a copy of which is of record in Deed Book 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 NUMBER 28, 29, and 30 of BLOCK NUMBER 240, as said lots and blocks 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 aforesaid Clerk’s office on the 31st day of December, 1903, being a parcel of ground running along the east side of the aforesaid Lot 5A and having a uniform width of three (3) feet and being the easterly 3 x 40 feet of said Lot 5A. PARCEL NO. 2. All those certain lots, pieces or parcels of land with the improvements thereon, situate in the City of Huntington, Cabell County, West Virginia, known and designated on a certain map of KIRK PLACE, made by R. W. Leete, Civil Engineer, a copy of which map was recorded in the office of the Clerk of the County Commission of Cabell County, West Virginia, in Deed book 202 at page 428, as LOT NO. 7 and LOT NO. 7A. PARCEL NO. 3: All that certain lot, piece or parcel of land situate in said City, County and State, being a lot 35 feet wide by 40 in depth, immediately west of, to the rear, and adjoining said Lot No. 7 of KIRK PLACE described above, and being a part of Lot No. 31 in Block No. 240. Leetes Revised Map of said City in the aforesaid Clerk’s office December 31, 1903. Being the same property conveyed unto XTRA Incorporated from Timothy J. Fitzsimmons by Deed dated March 20, 2008, of record in the Clerk’s Office in Book 1184, at page 708. At the time of the execution of the Deed of Trust, this property was reported to have an address of: 7 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 $5,000.00 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-152637 05-31,06-07;2023