Legal Notices

NOTICE OF TRUSTEE’S SALE NOTICE OF TRUSTEE’S SALE and Notice of the Beneficiaries’ election to sell property is hereby given pursuant to and by virtue of the authority vested in the Trustees by that certain Deed of Trust dated August 3, 2016, Michael Cook did convey unto Fredeking & Fredeking Law Offices, LC, Trustees, of record in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Trust Deed Book 2632 at Page 265. and John H. Hankins, Esquire. was appointed as Trustee by APPOINTMENT OF SUBSTITUTE TRUSTEE dated July 5, 2019, of record in the Clerk’s Office in Book 400, at Page 210. The borrower defaulted under the Note and Deed of Trust and the Trustee(s) have been instructed to foreclose under the Note and Deed of Trust. Accordingly, the Trustee(s) will sell to the highest bidder at the front door of the Courthouse of Cabell County, in Huntington, West Virginia, on: Tuesday, August 20th, 2019, at 9:30 o’clock A.M. the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in the City of Huntington, Cabell County, West Virginia, known and designated on a map of the Morris & Hite Six Acre Tract, a copy of which map was recorded in the Cabell County Court Clerk’s Office on the 7th day of January, 1910, in Deed Book No.105, at Page 82, as A PART OF DIVISION. NO, 4, being more particularly described as follows: BEGINNING at a point in the west line of Simms Street, said point being N 4 degrees 45′ W., 38.47 feet from the point of intersection of the West line of Simms Street with the north line of Morris Street; thence leaving said line of Simms Street, S 85 degrees 35’W, 112.5 feet, more or less, to a point in the easterly line of a ten foot alley; thence with said alley line N. 13 degrees 30’W., 35 feet, more or less, to a point in the south line of W. H. Runion land; thence with said Runion line, easterly 122 feet, more or less, to a point in the said line of Simms Street; thence with said line, S. 4 degrees 45′ E., 43.2 feet, more or less, to the point of beginning. At the time of the execution of the Deed of Trust, this property was reported to have an address of: 325 rotary road, Huntington, WV 25701. 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, sanitary and sewer charges. This is the same property conveyed unto MICHAEL COOK from DUNMAR RENTALS VDM, LLC and DUNMAR RENTALS MWD, LLC, by Deed dated August 3, 2016 and recorded in the Office of the Clerk of the County Commission of Cabell County, West Virginia in Deed Book 1353, at Page 17; At the time of the execution of the Deed of Trust, this property was reported to have an address of: 325 Rotary Road, Huntington, WV 25701. 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, sanitary and sewer charges. TERMS OF SALE: (1) Cash in hand on day of sale or within 30 days of the date of sale upon terms to be agreed upon between Trustee and successful bidder, time being of the essence; (2) The property will be conveyed in an “AS IS” physical condition by deed containing no warranty of title, express or implied, no warranty of fitness to the property, subject to all property taxes, prior deeds, liens, reservations, encumbrances, restrictions, rights-of-ways, easements, covenants, conveyances and conditions of record in the clerk’s office or affecting the subject property; (3) In the event that there are Federal Tax Liens against the property, the United States would have the right to redeem the property with the period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer; (4) The purchaser shall be responsible for the payment of the purchase price, all recording costs, transfer fees and transfer taxes; (5) All unpaid real estate taxes due and payable shall be assumed by the purchaser. All real estate taxes hereafter will be the responsibility of the purchaser. (6) The Beneficiary of the Deed of Trust and Note reserves the right to submit a bid for the property at the sale and to purchase said property at such sale; (7) The Trustee(s) reserves the right to continue the sale or to cancel the sale of the subject property from time to time by written or oral proclamation, which continuance shall be in the sole discretion of the Trustee. (8) 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. (9) The Trustee is fully vested with the authority to sell said property as Trustee by instrument of record. For inquiries or information on this property, contact the Trustee below. Given under my hand this 25th day of July, 2019, John H. Hankins, Esquire, Trustee, 517 9th Street, The Penthouse, Huntington, West Virginia 25701, Phone: (304) 529-8000, [email protected]. LH-76682 8-8,15-19