Legal Notices

NOTICE OF TRUSTEE’S SALE Pursuant to of the authority vested by that certain Deed of Trust dated July 18, 2016, made by H I S Properties, LLC, to J. R. Wilson, Trustee, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia in Trust Deed Book 4182, Page 426, 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 4403, page 629. 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 Kanawha County, West Virginia, on: MONDAY, MARCH 2, 2020, AT 1:00 PM All of the following described real estate, together with the improvements thereon and the appurtenances thereunto belonging, situate in St. Albans, Kanawha County, West Virginia believed to have the street address of 1975 Pennsylvania Avenue, St. Albans, WV 25177, and being more particularly described as follows: TRACT NO. 1: BEGINNING at an iron pin in the northerly right of way line of West Virginia Secondary Route 6/1 in the division line between Lots Nos. Five (5) and Six (60 of the subdivision of the land of Mary A. White, Tract No. 1, thence with said right of way line, S. 81 39′ E., 50 feet to an iron pin; thence N. 16 19′ E., 223.35 feet, crossing an iron pin at 162.20 feet to a point in the low water mark of Coal River; thence upstream with the meanders thereof 50 feet, more or less, to a point, the northerly common corner of said Lots Nos. 5 and 6; thence with the division line between said lots, S. 16 19′ W., 238.14 feet, more or less, to the place of beginning and being the westerly fifty (50) feet of said Lots No. Six (6). TRACT NO. 2: BEGINNING at a point where the line between Lots Nos. Three (3) and Four (4) of the subdivision of land of Mary A. White Tract No. 1 intersects the northerly line of the right of way of West Virginia Secondary Route 6/1; thence with the northerly line of said right of way in an easterly direction and down Coal River, S. 80 29′ E., 50 feet to a point in said right of way; thence N. 16 19′ E., 151.83 feet to a point in the low water mark of Coal River; thence following the meanders of Coal River upstream 50.41 feet to a point where the line between said Lots Nos. 3 and 4 intersect said low water mark; thence S. 16 19′ W., crossing an iron pin at the top of the bank 25.01 feet to the place of beginning; thence being Lot No. Four (4) as the same is designated on the map entitled, Subdivision of Mary A. White Tract No. 1, Jefferson District, Kanawha County, West Virginia” and of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia. TRACT NO. 3: BEGINNING at a point where the southwesterly line of Lots Nos. Two (2) and Three (3) of the subdivision of land Mary A. White Tract No. 1 intersects the northerly line of the right of way of West Virginia Secondary Route 6/1, thence with the northerly line of said right of way in an easterly direction and down Coal River, S. 77 29′ E., 42.5 feet to an iron pin; thence in a southwestern direction with the line of said right of way, S. 16 19′ W., 2 feet to an iron pin; thence with the northerly line of said right of way, S. 78 32′ E., 32.84 feet to an iron pin; thence N. 16 19′ E., 265.01 feet to the low water mark of Coal River; thence following the meanders of Coal River and upstream 75.55 feet, more or less, to a point at said low water mark; thence S. 16 19′ W., 60.81 feet to an iron pin and 218.90 feet to the place of beginning and being Lot No. Three (3) as the same is shown and designated on the map entitled, “Subdivision of Mary A. White Tract No. 1, Jefferson District, Kanawha County, West Virginia”, of record in the aforesaid Clerk’s Office. TRACT NO. 4: BEGINNING at a point where the line between Lots Nos. Four (4) and Five (5) of the subdivision of land of Mary A. White Tract No. 1 intersects the northerly line of the right of way of West Virginia Secondary Route 6/1, thence with the northerly line of said right of way in an easterly direction and S. 80 29′ E., 50 feet to an iron pin in said right of way; thence N. 16 19′ E., 238.14 feet to a point at the low water mark of Coal River; thence following the meanders of Coal River upstream 50.41 feet to a point where the line between said Lots Nos. 4 and 5 intersect the low water mark of Coal River; thence S. 16 19′ W., 251.83 feet to the place of beginning and being Lot No. Five (5) as the same is shown and designated on the map entitled, “Subdivision of Mary A. White Tract No. 1, Jefferson District, Kanawha County, West Virginia”, of record in the aforesaid Clerk’s Office. Being the same real estate conveyed unto H I S Properties, LLC, by A. G. Real Estate, LLC., by deed dated July 18, 2016, recorded in the aforesaid Clerk’s Office in Deed Book 2945, page 782. 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 part(ies) secured by the Deed of Trust reserve 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-88129 2-13,20;2020