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 April 22, 2004, executed by Borrower(s), Joyce A Howard, to John Ballengee, the Trustee of record in the office of the Clerk of the County Commission of Kanawha County, West Virginia, in Book 3126, at Page 548. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 15 138th St, Chesapeake, WV 25315. WV Trustee Services, LLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated December 27, 2017, of record in the Clerk’s Office in Book 4283, Page 875. The borrower(s) 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: 7th day of August, 2023 at 12:00 p.m. HOWARD. JOYCE A. LEGAL DESCRIPTION All that certain tract or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in Cabin Creek District, Kanawha County, West Virginia, and being known and designated as all of LOT NUMBER EIGHT (8) as shown upon a Map thereof entitled “Plat of Survey of the Henry Lavender Tract, Cabin Creek, Kanawha County, West Virginia, being a parcel of land heretofore owned by Tract W. Legg and Elizabeth Jones Legg, his wife, “dated April 20, 1953, made by Thomas W. McGuire, Engineer, which map is of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 1055, at page 184, said Lot No. 8 fronting and abutting 97.57 feet on the northwesterly side of a 26-foot street marked “Private Road,” and extends back from said 26-foot street 46 feet on the westerly side thereof, 46.47 feet on the easterly side thereof, with a rear depth of 104 feet, as shown on said map. And being the same property conveyed unto Rachel A. Toney by John R. Peal and Teresa A. Peal, his wife, by deed dated September 7, 2000, of record in the aforesaid Clerk`s Office in Deed Book 2509, at page 452. And also being the same property conveyed unto Joyce A. Howard by Rachel A. Toney, by Debra Toney Keifer, her agent and attorney in fact, by deed dated April 22, 2004, to be recorded simultaneously herewith in the aforesaid Clerk`s Office. This conveyance is made expressly subject to the reservations of all minerals, together with necessary rights of way for the mining and removing of same. This conveyance is made subject to any and all covenants, restrictions, and easements as the same may appear in instruments of record in the aforesaid Clerk`s Office. Being the same property conveyed to Joyce A Howard by the Deed dated April 22, 2004 and recorded in Deed Book 2601 at Page 521 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: Jim Ashley Limited Signing Officer WV Trustee Services, LLC McGuire Office Center 618 Tenth Street, Suite 108 Huntington, WV 25701 (304) 853-3336 jim.ashley@ wvtrusteeservices.com LC-156091 07-18,25 8-01;2023
