Legal Notices

NOTICE OF TRUSTEE’S SALE Pursuant to of the authority vested by that certain Deed of Trust dated June 30, 2016, made by Kim A. Whittington to J. R. Wilson, Trustee, of record in the Office of the Clerk of the County Commission of Putnam County, West Virginia in Trust Deed Book 1132, Page 830, and the undersigned, Eric S. Embree was appointed as Trustee by Appointment of Successor of Trustee dated January 15, 2020, of record in the Clerk’s Office in Trust Deed Book 1233, page 679. The borrower defaulted under the Note and Deed of Trust and the Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Trustee will sell the following described property to the highest bidder at the north front door of the Courthouse of Putnam County, West Virginia, on: MONDAY, MARCH 2, 2020, AT 2:30 PM All of the following described real estate, together with the improvements thereon and the appurtenances thereunto belonging, situate on Teays Valley Road, near Scary in Scott District, Putnam County, West Virginia, being more particularly bounded and described as follows: PARCEL ONE: BEGINNING at a stake in the edge of said Teays Valley Road and in the dividing line between the M. H. McGrew 5 acre tract and the Paul Creighton 5 acre tract, thence running with said dividing line, S. 60 43′ W., 533 feet to a stake at the southeasterly corner of said M. H. McGrew 5 acre tract; thence running N. 34 12′ W., with the dividing line between the said M. H. McGrew 5 acre tract and the A. A. McGrew 5 acre tract, a distance of 83.6 feet to a stake in said line; thence running in a northeasterly direction parallel with the dividing line between the said M. H. McGrew 5 acre tract and the Paul Creighton 5 acre tract, a distance of 533 feet, more or less, to a stake in the edge of the Teays Valley Road and in the northeasterly property line of the said M. H. McGrew 5 acre tract; thence running with said line, S. 33 31′ E., a distance of 83.6 feet, more or less, to the beginning, containing one acre, more or less, and being part of the said M. H. McGrew 5 acre tract as laid out on the map of the Kirtley Home Sites, Scary, West Virginia. PARCEL TWO: BEGINNING at a stake in the edge of the Teays Valley Road and in the dividing line between the Guy Richards 3 acre tract and the Ronnie L. Henson 1 acre tract, thence running with said dividing line, S. 60 43′ W., 533 feet to a stake at the southwesterly corner of the said Guy Richards 3 acre tract; thence running N. 34 12′ W., with the dividing line between the said Guy Richards 3 acre tract and the H. L. Hazelwood 5 acre tract, a distance of 83.6 feet to a stake in said line; thence running in a northeasterly direction, parallel with dividing line between the said Guy Richards 3 acre tract and the Ronnie I. Henson 1 acre tract, a distance of 533 feet, more or less, to a stake in the edge of the Teays Valley Road and in the northeasterly property line of said Guy Richards 3 acre tract; thence running with said line, S. 33 31′ E., a distance of 83.6 feet, more or less to the place of beginning, containing one acre, more or less, and being part of the Guy Richards 5 acre tract as laid out on the map of the Kirtley Home Sites, Scary, West Virginia. Being the same real estate conveyed unto Kim A. Whittington by Ruby Maxine Adkins and Delbert Adkins, her husband, Glenna Wolfe and James O. Wolfe, her husband, by deed dated April 20, 1998, and recorded in the Office of the Clerk of the County Commission of Putnam County, West Virginia in Deed Book 391, page 384. It is the intention of this notice to sell the secured property by proper description as was intended to be transferred and conveyed in the aforesaid deed of trust. 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 way, easements, covenants, conveyances and conditions of record in the Clerk’s office or affecting the subject property. In the event that there are federal tax liens against the property, the United States would have the right to redeem the property within a period of one hundred twenty (120) days from the date of such sale or the period allowable for redemption under the local law, whichever is longer. Any buyer is advised to retain counsel before the sale. 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 the sale. 4) The Trustee reserves the right to continue the sale of the subject property from time to time by written or oral proclamation, which continuance shall be in the sale discretion of the Trustee. Should the Trustee not appear at the time appointed for the sale and there is no notice posted of a continuance please contact the office of the Trustee to make further inquiry. Any sale may be conducted or adjourned by the designated agent or attorney of the Trustee. The undersigned is fully vested with the authority to sell said property as Trustee by instrument of record. 5) The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate the 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 by cashier’s check, cash or the equivalent within thirty (30) days of the date of sale, with ten percent (10%) of the total purchase price payable to the Trustee at sale by cashier’s check, cash or the equivalent. If the purchaser at the sale is unable to complete the terms of purchase within thirty (30) days, the Trustee reserves the right to transfer the property to the next highest bidder. 7) Should any party have any inquires, objections the sale or protests regarding the sale, or request regarding the sale, please notify the Trustee below. 8) The party secured by the Deed of Trust reserves the right to purchase the property at such sale. Given under my hand this 7th day of February, 2020. ERIC S. EMBREE Tyree, Embree & Associates, PLLC 3564 Teays Valley Road Hurricane, West Virginia 25526 T: (304) 757-0021 Email: eric@ tyreeembree.com Successor Trustee LH-88128 2-13,20;2020