Legal Notices

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 November 14, 2002, executed by Borrower(s), Estate of Phyllis Berends and Vicki Elliott, to M. Glenn Turley, the Trustee of record in the office of the Clerk of the County Commission of Kanawha County, West Virginia, in Book 2909, at Page 1. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 1337 Gabe Rd, Clendenin, WV 25045. WV Trustee Services, LLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated September 10, 2021, of record in the Clerk’s Office in Book 4539, Page 997. 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: 3rd day of May, 2024 at 12:00 p.m. The surface only of those two certain parcels of real estate situate on the waters of Gabe Creek, a tributary of Big Left Hand Creek, Big Sandy District, Kanawha County West Virginia, being more particularly bounded and described as follows: Parcel No. 1: Beginning at a white oak on J.D. Formans line, thence running to a locust, thence to a chestnut stump on line of Okey Davis and J.D. Foreman, thence back down the ridge to the white oak tree at the place of beginning, containing 12 acres, more or less. Excepting therefrom that certain parcel containing 0.45 acres, more or less, conveyed by Robert E. Canterbury and Thelma M. Canterbury by deed dated July 27, 1972, and of record in Deed Book 1673, at page 316. Parcel No. 2: Beginning on a fence post standing on the North side of the Gabe Creek road; thence up the hill with said road S. 44 W 286 feet to a stake standing on the South side of the road S. 33 W. 266 feet to a stake on the south side of the road S. 48 W. 45 feet to a stake on the south side of the road S. 56 W. 173 feet to a stake on the south side of the road S. 73 W. 159 feet large rocks on the south side of road thence up the hill S. 15 W. ___ feet to a stake standing in the old line near 66 feet from a hickory corner thence S. 81 E ____2 feet to a small C O on a ridge between Gabe and Buffalo Lick Branches S. 88 E. 181 feet to a stake two feet south of two chestnut trees N. 47 E. 411 feet to a C O N. 28 E. 334 feet to a locust N. 41 E. 114 feet to a small B O on a _______ a point ridge between forks of two branches N. 45 E 416 feet to a stake on the north side of Gabe Road N 81 ONE-QUARTER W. 202 feet to a stake S. 62 W. 224 feet to the place of beginning – containing _____ Acres, _____ poles. And being the same property conveyed unto Larry R. Canterbury and Janet Sue Canterbury by Thelma Canterbury by deed dated September 7, 1999, and of record in Deed Book 2480, at page 888; And also being the same property conveyed unto Victoria Elliott and Phyllis Bernards by Larry R. Canterbury and Janet Sue Canterbury by deed dated November 13, 2002, Recorded in Book 2564, at Page 824, to which deed reference is hereby made for a more particular description of the property herein conveyed. This conveyance is made subject to that certain boundary line agreement dated December 4, 1974 between Kerry Jane Hammock, et al., of record in the aforesaid Clerk`s Office in Deed Book 1748, at page 351. This conveyance is made subject to the rights of way, easements, reservations, restrictions, covenants and conditions as the same may be contained in prior deeds of record in the chain of title. 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-171975 04-12,19,2