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 May 29, 2009, executed by Xtra Incorporated to Philip A. Vallandingham, Trustee, of record in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Book 2280, at Page 57. 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 689. 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 691. Bailey & Slotnick, PLLC was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated May 9, 2023, of record in the Clerk’s Office in Book 415, at Page 441. 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 22, 2023, AT 12:00 P.M. All that certain lot, piece or parcel of ground, situate in the City of Huntington, Gideon District, Cabell County, West Virginia, more particularly bounded and described as follows: Known and designated on revised map of said City made by L. W. Leete, Civil Engineer, which map was filed in Cabell County Court Clerk’s Office, on the 31st day of December, 1903, and further known and designated on a map of Azel Meadows Subdivision of Lots Numbers Five (5), Six (6), Seven (7), Eight (8), Nine (9), Thirty-eight (38), Thirty-nine (39), Forty (40), Forty-one (41), and Forty-two (42), in Block 240 of said revised map, which said subdivision map was made by Oliver & Maupin, Engineers, and was recorded on the 28th day of May, 1924, in the aforesaid County Court Clerk’s Office in Deed Book 216 at Page 498, as LOT NUMBER FIVE (5). Being the same property conveyed unto XTRA Inc. from Lyle D. Lusher by Deed dated May 14, 2009, of record in the Clerk’s Office in Book 1201, at page 708. At the time of the execution of the Deed of Trust, this property was reported to have an address of: 327 Elaine Court, Huntington, WV. 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 $4,000.00 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 29th 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- 06-14,21;2023