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 November 1, 2023, in the Office of the Clerk of the County of Commission of Kanawha County, West Virginia, in Book No. 4667 at Page 320, John D. Vance and Kimberley Kay Vance did convey unto Seneca Trustees Inc., 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 March 27, 2025 in Book 4738 at Page 228 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 Wintrust Mortgage, a division of Barrington Bank & Trust Company, N.A 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 April 29, 2025 at 11:00 AM the following described real estate, together with its easements, improvements, and appurtenances thereunto belonging, situate in Union District, Kanawha County, West Virginia, and more particularly bounded and described as follows: LEGAL DESCRIPTION The land referred to herein below is situated in the County of Kanawha, State of West Virginia, and is described as follows: All that certain tract and parcel of real estate, together with the improvements thereon and the appurtenances there unto belonging, situate in Union District, Kanawha County, West Virginia, and more particularly bounded and described as follows: Beginning at an iron stake in the common line of the land of Thomas H. Morris and Elsie E. Morris, his wife, and an original twenty-four(24) acre tract of land conveyed to William Eugene Garrett and Mary Manzella Garrett, his wife, by the Charleston National Bank, a corporation, by deed dated the 4th day of May, 1940, said iron stake being S. 5 30′ W. 456.4 feet from an iron stake on the north side of the county road, and a corner of the said original twenty-four(24) acre tract of William Eugene Garrett and Mary Manzella Garrett, his wife, thence continuing along said common line of the land Thomas H. Morris and Elsie E. Morris, his wife, and the said William Eugene Garrett and Mary Manzella Garrett, his wife, N. 5 30′ W. 112.44 feet to an iron stake; thence leaving the said common line of the land of Thomas H. Morris and Elsie E. Morris, his wife, and William Eugene Garrett and Mary Manzella Garrett, his wife, N. 89 17′ E. 192.02 feet to an iron stake located on the line of a thirty foot roadway; thence along the line of said roadway, S. 5 30′ E. 122.44 feet to an iron stake, thence leaving the line of said thirty (30) foot roadway, N. 89 17′ W. 192.02 feet to an iron stake and the place of beginning, containing .49 acres, more or less. The party of the first part hereby further grants and conveys unto the parties of the second part, as joint tenants with right of survivorship and not as tenants in common his interest in and to the 30 foot right-of-way which lies adjacent to and contiguous with the property hereinabove conveyed, said right-of-way being described in and agreement dated July 10, 1962 of record in the aforesaid Clerk’s office in Deed Book 1364, at page 731. LSOT: Deed Book 2598, Page 86, dated June 3, 2003, Office of the Clerk of the County Commission, Kanawha County, West Virginia. Parcel/Tax ID: 20-25-16D-0001.0000 Commonly known as 47 Whispering Hills Drive, Charleston, WV 25313. However, by showing this address, no additional coverage is provided. At the time of the execution of the subject Deed of Trust, the property was reported to have an address of: 47 Whispering Hills Drive, Cross Lanes, West Virginia 25313 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. $8,000.00 (Eight 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 #25-00454 LC-235534 04-08,15;2025