Legal Notices

TRUSTEE’S SALE OF VALUABLE REAL ESTATE The undersigned Substitute Trustee, by virtue of the authority vested in him by that certain Deed of Trust, dated December 16, 2005, and duly recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Book No. 3324, at Page 659, Gary Rubin and Elisa Rubin and GDR II LLC did convey unto John R. Lukens and Ellen S. Cappellanti, Trustee(s), certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Seneca Trustees, Inc., as Substitute Trustee by a Substitution of Trustee dated March 10, 2020 and recorded in the aforesaid Clerk’s office; and default having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by Fifth Third Bank, National Association to foreclose thereunder, will offer for sale at public auction at the front door of the Kanawha County Courthouse in Charleston, West Virginia, on June 2, 2020 at 4:30 PM the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in Chas N District, Kanawha County, West Virginia, and more particularly described as follows: SITUATED IN THE CITY OF CHARLESTON, KANAWHA COUNTY, WEST VIRGINIA, AND BEING ALL OF LOT NUMBER SIXTEEN (16), PHASE II OF BRIARWOOD ESTATES SUBDIVISION, AS SHOWN UPON MAP ENTITLED, “PLAT SHOWING REVISED PLAT BRIARWOOD ESTATES SUBDIVISION PHASE II LOCATED IN THE CITY OF CHARLESTON, KANAWHA COUNTY, WEST VIRGINIA”, DATED DECEMBER 21, 1998, MADE BY JACK L. ROY LLS, AND RECORDED IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF KANAWHA COUNTY, WEST VIRGINIA, IN MAP BOOK 54, AT PAGE 86. SUBJECT TO ALL EASEMENTS, COVENANTS, CONDITIONS, RESERVATIONS, LEASES AND RESTRICTIONS OF RECORD, ALL LEGAL HIGHWAYS, ALL RIGHTS OF WAY, ALL ZONING, BUILDING AND OTHER LAWS, ORDINANCES AND REGULATIONS, ALL RIGHTS OF TENANTS IN POSSESSION, AND ALL REAL ESTATE TAXES AND ASSESSMENTS NOT YET DUE AND PAYABLE, BEING THE SAME PROPERTY CONVEYED BY DEED RECORDED IN VOLUME 2625, PAGE 658, OF THE KANAWHA COUNTY, WEST VIRGINIA RECORDS At the time of the execution of the Deed of Trust, this property was reported to have an address of: 242 Ariel Heights, Charleston, WV 25311-0000. The referenced real estate will be conveyed with no covenants of warranty, and subject to all covenants, restrictions, easements, rights of way and reservations which may be a matter of record in the aforesaid Clerk’s Office or visible upon the ground, all prior liens and encumbrances, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges. The purchasers at the sale shall be responsible for paying the recording costs and also the tax on the privilege of transferring real property (the cost of the tax stamp to be affixed to the deed). The purchasers shall be responsible for payment of all real estate taxes. The subject property will be sold in “AS IS” condition. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. TERMS: $9000.00 in cash and/or certified funds as deposit at the time of sale with the balance due and payable within 30 days of the day of sale. FEDERAL TAX LIEN: 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 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer. Pursuant to the Deed of Trust, the Trustee may postpone the sale by public announcement at the time and place designated or by posting a notice of the same, and act by agent in the execution of the sale. The parties secured by the Deed of Trust reserve the right to purchase the property at such sale. SENECA TRUSTEES, INC. 5000 Coombs Farm Drive, Suite 104 Morgantown, WV 26508 (304) 413-0044 (304) 292-2918 Toll free: (888) 534-3132 Reference File No. 73508 LC-92544 05-20-27;2020