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 February 14, 2020, executed by Borrower(s), Emily B Mullins and Seth Scott Mullins, to Chris Eller, the Trustee of record in the office of the Clerk of the County Commission of Kanawha County, West Virginia, in Book 4407, at Page 994. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 135 Fairland Dr, Nitro, WV 25143. WV Trustee Services, LLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated November 20, 2024, of record in the Clerk’s Office. 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: 30th day of January, 2025 at 11:00 a.m. All that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto in any wise appertaining, situate in Union District, Kanawha County, West Virginia and being more particularly described as Lot Number Twenty Three (23) as the same is shown upon that certain map entitled. “Plat of Dennis Glass 22.59 acre Subdivision, Cross Lanes, Union District, Kanawha County, West Virginia,” made by C. R. Conner, C. E, under date July, 1947, which said map is of record in the office of the clerk of the county court of said Kanawha County, in map book 13 at page 17. This deed is expressly made subject to the covenants and matters set forth in the aforesaid first mentioned deed in words and figures as follow: “It is expressly covenanted and agreed between said parties of the first part and said party of the second part, their respective heirs and assigns, as follow. “1. That said property shall be used for residence purposes only “2. That any house erected thereon shall be set back at least twenty-five (25) feet from each abutting street or road “3, That no dwelling shall be erected thereon which shall cost less than Five Thousand Dollars ($5,000.00) as determined by the prevailing prices of labor and material in the Charleston, West Virginia, area, that no so-called ‘Jenny Lind’ houses shall be erected thereon; that any outbuildings except automobile garages, if constructed, shall be located to the rear of the owners dwelling and shall be neat and workman like in appearance; that no out-door toilets shall be erected thereon, but each dwelling shall be connected to a sanitary sewer or septic tank that will meet the requirements of law and the West Virginia Health Department regulations; that no Quonset Huts, Jenny Lind houses or similar type of structure shall be placed or erected on the premises, and that no out-door signs, bill boards or other advertising media shall be published, placed or erected on the premises. “It is further covenanted and agreed between the parties hereto that the foregoing covenants and restrictions shall be taken and construed as covenants running with the land and shall be binding upon the second party, his heirs and assigns for a period of twenty five years, beginning August 1, 1947, and ending August 1, 1972.” LSOT Deed Book 1250, Page 95, dated July 7, 1958, Office of the Clerk of the County Commission, Kanawha County, West Virginia. Being the same property conveyed to Grantees, Seth Scott Mullins and Emily B. Mullins, by Grantor, Steven R. Kessell by Deed dated February 14, 2020 and Recorded in Deed Book 3054, at Page 381 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/or 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/or 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-204409 12-07;2024/ 01-09,16,23;2025
