Legal Notices

NOTICE OF TRUSTEE’S SALE Pursuant to of the authority vested by that certain Deed of Trust dated March 6, 2017, made by Kim A. Whittington 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 4230, Page 1, 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 633. 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 1:15 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(es) of 424 & 424 1/2 Spring Street, St. Albans, WV 25177, and being more particularly described as follows: All that certain lot or parcel of real estate, together with the improvements thereon and the appurtenances thereunto belonging, situate in the City of St. Albans, Kanawha County, West Virginia, and being more particularly described as all of Lot No. Eleven (11) and the adjoining southerly ten feet of Lot No. Ten (1), of Block “J” in the Holley Addition to the City of St. Albans, as shown upon a map thereof recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia in Map Book 2, page 723. 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 Succeccor Trustee LH-88132 2-13,20;2020