TRUSTEES’ SALE OF VALUABLE REAL ESTATE 5280 Doc Bailey Rd, Cross Lanes, WV 25313 In a Deed of Trust dated October 23, 2018, and duly recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed of Trust Book 4333, at page 56 Shaanda D. Hale did convey unto METZ LAW OFFICES, PLLC, Trustee, certain real property. The beneficial holder of that Deed of Trust has elected to appoint Terra Abstract Trustee West Virginia, Inc. as substitute trustees by a Substitution of Trustee recorded in the aforesaid Clerk’s Office. Default having occurred under the Deed of Trust and the beneficial holder having instructed the undersigned Trustees to foreclose, this real property will be sold at public auction at the front door of the Kanawha County Courthouse, 407 Virginia Street, East, Kanawha County Courthouse, Charleston, WV 25301 on: August 29, 2024 At 12:00 PM The property for sale as described by the Deed of Trust is as follows: All that certain lot, tract or parcel of land, together with the Improvements thereon and the appurtenances thereunto belonging, situate in Union District, Kanawha County, West Virginia, and being more particularly bounded and described as follows: PARCEL NO. 1: BEGINNING at an iron pin in Claybank Branch, near a point where a 16 foot roadway (Henry Kelly Road) intersects said Claybank Branch Road, as shown on said map; thence running N. 8-9 E. a distance of 253.47 feet to an iron pin in the edge of said road; thence leaving said road and running N. 67-00 E. a distance of 200 feet to an iron pin; thence running N. 86-15 E. a distance of 100 feet to an iron pin; thence running N. 86-48 E. a distance of 232.51 feet to an iron pin; thence running S. 20-13 W. a distance of 212 feet to an iron pin; thence running S. 64-12 W. a distance of 303 feet to an iron pin; thence continuing S. 64-12 W. a distance of 287 feet to the place of beginning, containing two and eighty-seven one hundredths (2.87) acres, more or less. Along with all the rights, title and interest in the use of a twelve foot roadway, which is fully described in the Deed from Walter Earl Selbe and wife to Gordon R. Hanshaw and Elsie Hanshaw, his wife, dated September 18, 1952, and recorded in the aforesaid Clerk`s Office. Subject to the provisions respecting the use of water contained in a Deed from Gordon H. Hanshaw and Elsie M. Hanshaw, his wife, to Harry L. Hanshaw, and duly of record in the aforesaid Clerk`s Office in Deed Book 1054, at page 135, and to the reservation of all minerals together with the necessary rights of way for mining and removing the same. PARCEL NO. 2: BEGINNING at an iron pin located at the intersection of Kelly Road and Bailey Road (formerly Claybank Road), which pin in located N. 8DEGREES 09` W., 43.15 feet from a point in the south line of Kelly Road; and thence, from said beginning point, and continuing along the east line of Bailey Road, N. 6DEGREES 09` W., 157.13 feet to a pin; thence, leaving Bailey Road, S. 87DEGREES 53` E., 155.72 feet to a pin; thence, S. 0DEGREES 03` W. 83.43 feet to a pin; thence, S. 64DEGREES 12` W., 154.00 feet to the place of beginning. Subject to the RESERVATION and EXCEPTION of that certain parcel of real estate being described in that certain Deed dated the 21st day of October, 1967 and being duly of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia in Deed Book 1508, at page 191. Map No.: 16C Parcel No.: 15 & 15.0002 The purchaser will take the property subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real property. The purchaser will be responsible for paying any transfer stamp, excise taxes, and recording costs associated with recording the Trustee’s Deed into their name. The purchaser will be responsible for paying any unpaid property taxes owed to the Sheriff of Kanawha County prior to or following the sale directly to the Sheriff. The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance having priority over the deed of trust referred to herein. The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance that is junior (“junior claims”) to this Deed of Trust and to which sufficient notice was not given. In that case, unless such right to notice is waived, the chain of title shall not merge with this Deed of Trust as to those unnoticed deeds of trust, judgments, liens, and other encumbrances and will be subject to a further noticed and published sale under this Deed of Trust pursuant to W.Va. Code 38-1-4, in which bidding shall resume at the last highest bid given. In the event of a surplus of such sale, the mortgagors and noticed junior lienholders are hereby on notice that if such surplus is less than Two Thousand Five Hundred Dollars ($2,500.00), then the Substitute Trustee will disburse those proceeds to the most senior interest holder as it sees fit, unless an objection is made in writing. The Trustees do not guarantee or represent that the boundaries described above are accurate, are not encroached upon, or that any particular structure located on the property is contained within the described boundaries. The property is therefore sold subject to an accurate survey at purchaser’s expense. The Trustees reserve the right to adjourn the sale, for a time, or from time to time, by announcement at the time and place of sale described above or any adjournment thereof. Such adjournment will be noticed by posting a notice at the front door of the county courthouse or where such notices are traditionally posted at the county courthouse. Such notice will include the date and time when such sale will reconvene. The Trustees reserve the right to reject any and all bids for any reason. The Trustees make no representations as to the condition of the property. The property will be sold in “AS IS” condition. The Trustees make no representations as to whether the property is occupied. The purchaser is responsible for gaining access and possession of the property. Trustees shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. The purchaser may assign its rights prior to the delivery of the trustee’s deed by a signed request in writing to the trustee; the assignee of the purchaser shall be bound by all terms and conditions applicable to the purchaser. The Trustees will deliver a trustees’ deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code 38-1-6. The Trustees make no representations and warranties about the title of the real estate to be conveyed. If the Trustees are unable to convey insurable or marketable title to purchaser for any reason, purchaser’s sole remedy is return of deposit. TERMS OF SALE: Purchaser must bring $13000 cash in hand at the time of sale as a deposit in the form of a certified check or cashier’s check made payable to “Stern & Eisenberg, PC, counsel for Terra Abstract Trustee West Virginia, Inc.” Those appearing without their deposit will not be allowed to bid. The balance of the successful purchaser’s bid must be proffered in cash within 30 days of the date of the sale. Purchaser shall pay for transfer stamps and recording fees. Additional terms of sale may be announced prior to the sale. Terra Abstract Trustee West Virginia, Inc. 1581 Main Street, Suite 200 The Shops at Valley Square Warrington, PA 18976 (215) 572-8111, Fax: (215) 572-5025 www.sterneisenberg. com LC-176051
