Legal Notices

TRUSTEE’S SALE OF VALUABLE REAL ESTATE The undersigned Substitute Trustee, by virtue of the authority vesting in it by that certain Deed of Trust recorded on October 20, 2020, in the Office of the Clerk of the County of Commission of Kanawha County, West Virginia, in Book No. 4457 at Page 979, Marianne Heater did convey unto Old Republic National Title Insurance Company, as Original Trustee, certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Elk River Trustees Inc., as Substitute Trustee by virtue of a Substitution of Trustee recorded on August 29, 2023, in Book 4657 at Page 800 in the aforesaid Clerk’s Office; the undersigned Substitute Trustee has been requested, in writing, by the beneficiary of said Deed of Trust to sell the real estate described below, as there has been a default under the terms and conditions of said Deed of Trust. Therefore, the undersigned Substitute Trustee having been instructed by NewRez, LLC f New Penn Financial LLC d Shellpoint Mortgage Servicing to foreclose thereunder will offer for sale, at a public auction at the front door of the Kanawha County Courthouse in Charleston, West Virginia, on November 1, 2023 at 1:00 PM the following described real estate, together with its easements, improvements, and appurtenances thereunto belonging, situate in the City of Dunbar, Kanawha County, West Virginia, and more particularly bounded and described as follows: LEGAL DESCRIPTION All of that certain lot, tract or parcel of land, together with all of the improvements thereon and the appurtenances thereunto belonging, situate in the City of Dunbar, Kanawha County, West Virginia; and being numbered 131 Grosscup Avenue, being described and designated as all of Lot No. Eighty-five (85) as shown upon a map entitled “Map of Dunchar, a subdivision, and property of Midway Land Company”, filed and recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Map Book 1, Page 175, which said property fronts on Grosscup Avenue, formerly Second Street, has a width of 30 feet and a depth of 110 feet; and being the same property devised and r conveyed unto the grantor herein, Nellie Kathleen Heater Kirk, as follows: (1) and is all of the property conveyed to Opal Irene Hamon (Milbee) by deed dated April 1, 1960, of record in the aforesaid Clerk’s Office. The said Opal Irene Hamon Milbee, widow, departed this life July 11, 1974, and by her Will devised the above-described property to her mother, Mary May Hamon, and brother, Harold C. Hamon, for life with remainder at their death to Nancy Madeline Beers and Nellie Kathleen Heater Kirk. The said Mary Mae Hamon departed this life April 15, 1991 and the said Harold C. Ramon departed this life March 22, 1976; (2) and further being an undivided one-half (ONE-HALF) interest conveyed to Nellie Kathleen Heater Kirk by Nancy Madeline Beers and William Baird Beers, her husband, by deed dated March 12, 1992 and recorded in said Clerk’s Office in Deed Book 2289, at Page 488; reference being made to said map, deed, death and probate records for a more particular description of the property herein conveyed. This conveyance is subject to any easements, rights of way, covenants, restrictions, conditions and reservations which may appear of record in the chain of title to the property hereby conveyed. Subject to all of the foregoing, and subject to the lien of the 2007 real estate taxes, which taxes are to be pro rated between the parties hereto on a calendar year basis as of the date of the delivery of this Deed and paid by the parties of the second part herein when the same become due and payable, the said party of the first part covenants to and with the said parties of the second part that she will WARRANT GENERALLY the property hereby conveyed and that the same is free from all liens and encumbrances. Being the same property conveyed to Mark Alan Heater and Marianne Heater, deed dated 61/461/4007, recorded 61/491/4007, Book age 26933/425, in the County of Kanawha, State of West Virginia. More Commonly Known as: 131 Grosscup Avenue, Dunbar, WV 25064 At the time of the execution of the Deed of Trust this property was reported to have an address of 131 Grosscup Avenue, Dunbar, WV 25064. The above referenced real estate will be conveyed with no covenants of warranty and subject to any and all easements, rights of way, conditions, covenants, restrictions, exceptions, reservations, leases and other servitudes, which may be a matter of record in the aforesaid Clerk’s Office or visible upon the ground. The sale of the referenced real estate will also be subject to all prior liens and including any and all other deeds of trust, judgments, liens, and all other encumbrances of any nature whatsoever, if any, having priority over the subject Deed of Trust. The subject property will be sold in an “AS IS” condition. The Substitute Trustee makes no representations and warranties of any kind or character including, but not limited to, the condition of the real estate or the title to the real estate to be conveyed. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. In the event that there are federal tax liens against the property, the United States has the right to redeem the property within a period of one hundred twenty (120) days from the date of the sale. The Substitute Trustee reserves the right to adjourn the sale for a time, or from time to time, without further notice, by announcement at the time and place of the foreclosure sale described herein. TERMS OF SALE 1. $6,000.00 (Six Thousand Dollars) in cash and r certified funds made payable to “Elk River Trustees, Inc.” due as a deposit at the time of sale, with the balance of the final sale price due and payable within thirty (30) days of sale. Personal checks will not be accepted. 2. The purchaser at the sale shall be responsible for payment of all real estate taxes. 3. The purchaser shall be responsible for payment of the recording cost of the deed and also for payment of the tax on the privilege of transferring the real property (transfer tax) imposed by West Virginia Code 11-22-2. 4. The parties secured by the Deed of Trust reserve the right to purchase the property at the foreclosure sale. ELK RIVER TRUSTEES, INC. 714 Venture Drive, #132 Morgantown, WV 26508 Telephone: 304-241-6962 Fax: 330-436-0301 Reference file # 23-01053 LC-159235 09-20,27;2023