Legal Notices

TRUSTEES’ SALE OF VALUABLE REAL ESTATE 730 Hess Drive, Charleston, WV 25311 In a Deed of Trust dated April 21, 2016, and duly recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed of Trust Book 4168, at page 421 Dolores B. Linville did convey unto Carl D. Andrews, ESQ, Trustee, certain real property. The beneficial holder of that Deed of Trust has elected to appoint Terra Abstract Trustee West Virginia, Inc. as substitute trustees by a Substitution of Trustee recorded in the aforesaid Clerk’s Office. Default having occurred under the Deed of Trust and the beneficial holder having instructed the undersigned Trustees to foreclose, this real property will be sold at public auction at the front door of the Kanawha County Courthouse, 407 Virginia Street, East, Charleston, West Virginia 25301 on: July 23, 2020 At 04:24 PM The property for sale as described by the Deed of Trust is as follows: All that certain lot or parcel of land, together with the improvements thereof and the appurtenances thereunto belonging, situate on Oak Ridge between Wilson and Black Hawk Hollows, in the City of Charleston, Charleston North, Formerly Charleston District, Kanawha County, West Virginia, and being more particularly bounded and described as follows: Beginning at an iron pin in the southerly line of the Charles Hess Road, and the westerly side of a 10 foot right wo way which leads to a Cemetery Lot, said iron pin being further located N. 43 degrees 30 minutes W. 10 feet from an old iron pin located at the northwesterly corner of a lot containing 0.59 acres conveyed by Charles Hess and Edith D. Hess, his wife, to Charles R-Garton Sr., and Pearl Hess Garton, his wife, by Deed Dated March 30, 1956, of record in the Office of the Clerk of the County Court of Kanawha County, West Virginia, in Deed Book 1243, At page 27 Thence leaving Chares Hess Road and with the westerly side of the 10 foot right of way, S. 47 degrees 37 minutes W. 87.02 feet to an iron pin located on the line of a Cemetery Lot; thence following the cemetery Lot line N. 62 degrees 10 minutes W. 52.96 feet to an iron pin thence continuing with the cemetery Lot Line, S. 24 degrees 03minutes W. 57.16 feet to an iron pin; Thence leaving said cemetery Lot N. 58 degrees 12 minutes W. 96.91 feet to an iron pin; thence N. 38 degrees 28 minutes E. 171.17 feet to an iron pin along the southerly line of said Charles Hess Road, S. 52 degrees 30 minutes E. 76.08 feet to an iron pin located along the Southerly line of Said Charles Hess Road, thence S. 43 degrees 30 minutes E, 72/57 feet to the place of Beginning, containing 0.46 acre, more or less, as shown upon a map entitled, “Map showing 0.46 Acre Parcel of Land Being Part of Charles Hess Estate Located on Hess Road, City of Charleston, West Virginia, Survey for Charles R. Garton Jr.” Dated December 1966, made by Holsclaw Engineering Co., Inc., recorded in the said Clerk`s Office in Deed Book 1481, at Page 6-A, and being the same real estate conveyed to the said Paul Jeffery Linville, Randall Raymond Linville and Jeffrey Ray Linville, By deed dated July 19, 2011, recorded in said clerk`s office in Deed Book 2799, at Page 248, reference to said deed and map is hereby for a further description of the property conveyed. Being the same property conveyed to Delores B. Linville by Deed from Paul Jeffrey Linville, Randall Raymond Linville and Jeffrey Ray Linville recorded 03/25/2014in Deed Book 2871 Page 733, in the clerk`s office the county Commission of Kanawha County, West Virginia The purchaser will take the property subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real property. The purchaser will be responsible for paying any transfer stamp, excise taxes, and recording costs associated with recording the Trustee’s Deed into their name. The purchaser will be responsible for paying any unpaid property taxes owed to the Sheriff of Kanawha County prior to or following the sale directly to the Sheriff. The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance having priority over the deed of trust referred to herein. The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance that is junior (“junior claims”) to this Deed of Trust and to which sufficient notice was not given. In that case, unless such right to notice is waived, the chain of title shall not merge with this Deed of Trust as to those unnoticed deeds of trust, judgments, liens, and other encumbrances and will be subject to a further noticed and published sale under this Deed of Trust pursuant to W.Va. Code 38-1-4, in which bidding shall resume at the last highest bid given. In the event of a surplus of such sale, the mortgagors and noticed junior lienholders are hereby on notice that if such surplus is less than Two Thousand Five Hundred Dollars ($2,500.00), then the Substitute Trustee will disburse those proceeds to the most senior interest holder as it sees fit, unless an objection is made in writing. The Trustees do not guarantee or represent that the boundaries described above are accurate, are not encroached upon, or that any particular structure located on the property is contained within the described boundaries. The property is therefore sold subject to an accurate survey at purchaser’s expense. The Trustees reserve the right to adjourn the sale, for a time, or from time to time, by announcement at the time and place of sale described above or any adjournment thereof. Such adjournment will be noticed by posting a notice at the front door of the county courthouse or where such notices are traditionally posted at the county courthouse. Such notice will include the date and time when such sale will reconvene. The Trustees reserve the right to reject any and all bids for any reason. The Trustees make no representations as to the condition of the property. The property will be sold in “AS IS” condition. The Trustees make no representations as to whether the property is occupied. The purchaser is responsible for gaining access and possession of the property. Trustees shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. The purchaser may assign its rights prior to the delivery of the trustee’s deed by a signed request in writing to the trustee; the assignee of the purchaser shall be bound by all terms and conditions applicable to the purchaser. The Trustees will deliver a trustees’ deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code 38-1-6. The Trustees make no representations and warranties about the title of the real estate to be conveyed. If the Trustees are unable to convey insurable or marketable title to purchaser for any reason, purchaser’s sole remedy is return of deposit. TERMS OF SALE: Purchaser must bring $14,000.00 cash in hand at the time of sale as a deposit in the form of a certified check or cashier’s check made payable to “Stern & Eisenberg Mid-Atlantic, PC, counsel for Terra Abstract.” Those appearing without their deposit will not be allowed to bid. The balance of the successful purchaser’s bid must be proffered in cash within 30 days of the date of the sale. Purchaser shall pay for transfer stamps and recording fees. Additional terms of sale may be announced prior to the sale. Terra Abstract Trustee West Virginia, Inc. 9920 Franklin Square Drive, Suite 100 Baltimore, MD 21236 (410) 635-5127, (443) 815-3931 www.sterneisenberg.com LC-94133 06-19,26;2020