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 May 7, 2003, in the Office of the Clerk of the County of Commission of Kanawha County, West Virginia, in Book No. 2979 at Page 739, Margaret Taylor did convey unto to John Ballengee, 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 December 4, 2024 in Book 4723 at Page 632 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 d/b/a 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 January 13, 2025 at 11:00 AM the following described real estate, together with its easements, improvements, and appurtenances thereunto belonging, situate in the Town of Dunbar, Kanawha County, West Virginia, and more particularly bounded and described as follows: LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OR PARCEL OF LAND, TOGETHER WITH THE IMPROVEMENTS THEREON AND THE APPURTENANCES THEREUNTO BELONGING, SITUATE IN THE TOWN OF DUNBAR, KANAWHA COUNTY, WEST VIRGINIA, BEING A PART OF LOT NO. ONE HUNDRED TWENTY-TWO (122), BLOCK “P” OF SAID TOWN OF DUNBAR, AS SHOWN UPON A MAP THEREOF, OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF KANAWHA COUNTY, WEST VIRGINIA, IN MAP BOOK 1, AT PAGE 146 AND SAID PART LOT NO. 122 BEING SHOWN AS WELL UPON A MAP MADE BY DONALD E. BAILEY, JR., P.E., DATED JANUARY 22, 1984, ATTACHED TO AND MADE A PART OF THAT CERTAIN DEED OF RECORD IN THE AFORESAID CLERK’S OFFICE IN DEED BOOK 2055, AT PAGE 113. AND BEING THE SAME PROPERTY CONVEYED UNTO JOHN M. TRACY BY STEPHEN L. UTT AND BARBARA L. UTT, HIS WIFE, BY DEED DATED JANUARY 2, 1992, OF RECORD IN THE AFORESAID CLERK’S OFFICE IN DEED BOOK 2286, AT PAGE 292. AND ALSO BEING THE SAME PROPERTY CONVEYED UNTO MARGARET TAYLOR BY JOHN M. TRACY BY DEED DATED APRIL 11, 2003, TO BE RECORDED SIMULTANEOUSLY HEREWITH IN THE AFORESAID CLERK’S OFFICE. THIS CONVEYANCE IS MADE SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, AND EASEMENTS AS THE SAME MAY APPEAR IN INSTRUMENTS OF RECORD IN THE AFORESAID CLERK’S OFFICE At the time of the execution of the subject Deed of Trust, the property was reported to have an address of: 1000 & 1002 West Virginia Avenue, Dunbar, West Virginia 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. $5,000.00 (Five Thousand Dollars) in cash and/or certified funds made payable to “Elk River Trustees, Inc.” due as a deposit at the time of sale, with the balance 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 #24-02339 LC-205813 12-13,20;2024