Legal Notices

NOTICE OF TRUSTEE’S SALE Notice is hereby given that default has occurred in the payment of that certain indebtedness secured by a Deed of Trust executed December 27, 2013, of record in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Trust Deed Book 2516, at page 608 (the “Deed of Trust”), made by Jacob Ellis (“Grantor”) to Charles C. Amos, in his capacity as Trustee (the “Original Trustee”), predecessor in interest to Ian G. Henry (the “Substitute Trustee” or “Trustee”), in favor of MyCUMortgage, LLC (the “Beneficiary”), to secure the payment of a note in the amount of $35,800.00. The Substitute Trustee was appointed in the Original Trustee’s place and stead, by instrument recorded in the aforesaid Clerk’s Office in Bond, Contracts, and Leases Book 402, at page 148. The Deed of Trust authorizes the Substitute Trustee to act in the enforcement of said Deed of Trust, and the undersigned Substitute Trustee having received such written request from the Beneficiary to enforce said Deed of Trust, will sell at a public auction to the highest bidder, the following hereinafter described real estate, together with any buildings, structures and other improvements located thereon (the “Real Estate”) on: JANUARY 24, 2020, AT 12:00 P.M., ON THE FRONT STEPS OF THE CABELL COUNTY COURTHOUSE, HUNTINGTON, WEST VIRGINIA. REAL ESTATE DESCRIPTION: All that certain lot, piece or parcel of land situate in the City of Huntington, Kyle District, Cabell County, West Virginia, known and designated on that certain map of Clemens Park Addition, made by E. B. Raiguel, Civil Engineer, called map of “Clemens Park Addition”, a copy of which map is of record in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Deed Book No. 143, at page 56, as Lot No. 39, Block “A”. TERMS OF SALE: Sale of the Real Estate will be made by the Trustee by public auction to the highest bidder. The Trustee reserves the right to reject any bid that in the Trustee’s opinion is inadequate. The highest bidder will be required to tender the purchase price in cash or immediately available funds by the end of the day of sale. The Trustee reserves the right to accept or reject such other terms as to payment or delivery of payment as may be made or agreed to by the Trustee and the bidder in advance of the sale. If the successful bidder fails to deliver the total purchase price within the prescribed time, the Trustee may proceed to resell the Real Estate pursuant to the Deed of Trust or, at the discretion of the Trustee, convey the Real Estate to the next highest bidder if such bidder will honor his or her bid. The Trustee also reserves the right to continue the sale of the Real Estate from time to time by oral proclamation or by posting a notice of the same where legal notices are posted in Cabell County, West Virginia, which continuation shall be in the sole discretion of the Trustee. Should the Trustee not appear at the time appointed for the sale and there is no notice posted of a continuance, please contact the office of the Trustee to make further inquiry. Please direct any inquiries or objections to the sale to the Trustee in writing at the following address: Substitute Trustee, Ian G. Henry, Esquire, at Dinsmore & Shohl LLP, 707 Virginia St. E., Ste. 1300, Charleston, West Virginia 25301 (304) 357-9932. Any sale may be conducted or adjourned by the designated agent or attorney of the Trustee. Beneficiary or Beneficiary’s designee may purchase the Real Estate at the sale, in whatever manner sold, and in such case, the Beneficiary shall have the right to credit against the amount of the successful bid made therefore all or any of the secured debt then due. Conveyance will be made by Trustee’s Deed in the form prescribed by W. Va. Code 38-1-6, subject to all governmental charges and assessments, utility charges, easements, covenants, rights-of-way, conditions and restrictions of record. Every lot or parcel of the Real Estate, and any improvements located thereon, are sold in “AS IS” condition. The Beneficiary of the Deed of Trust does not make any representations or warranties as to the physical condition of the Real Estate. Any and all legal procedural requirements to obtain physical possession of the Real Estate after the sale are the responsibility of the purchaser. Risk of loss or damage will be the purchaser’s from and after the foreclosure sale. All outstanding taxes, assessments and utility charges will be the responsibility of the purchaser. All settlement fees, costs of conveyance, examination of title and recording charges shall be at the expense of the purchaser. Trustee makes no representations regarding the state of title to the Real Estate. If Trustee cannot convey insurable or marketable title, purchaser’s sole remedy is the return of the purchase money paid by the purchaser for the purchase of the Real Estate. The purchaser shall be responsible for the payment of the transfer taxes imposed by Article 2 of Chapter 11 of the West Virginia Code. Sale is made subject to the right of the Internal Revenue Service to redeem the Real Estate as provided by Section 7425 of the Internal Revenue Code of 1986, as amended. Additional terms and conditions shall be announced at sale. Given under my hand this 8th day of January, 2020. Ian G. Henry, Substitute Trustee Dinsmore & Shohl LLP Legal Counsel 707 Virginia St. E., Ste. 1300 Charleston, West Virginia 25301 Phone (304) 357-9932 Fax (304) 357-0919 LH-85713 1-8,15;2020