Legal Notices

NOTICE OF SUCCESSOR TRUSTEE’S SALE Notice is hereby given, by virtue of the authority vested in the undersigned Successor Trustees, Eric M. Johnson and R. Douglas Calderwood, by that certain Deed of Trust made by Gregory C. Stover, dated July 24, 2014 and recorded July 25, 2014 in the office of the Clerk of the County Commission of Kanawha County, West Virginia in Trust Deed Book 4043 at page 487, the said Successor Trustees acting by virtue of that certain Appointment of Successor Trustee dated May 19, 2020 and recorded May 26, 2020 in the aforesaid Clerk’s office in Trust Deed Book 4424, at page 980, and default having been made in the payment of the Note secured by the aforesaid Deed of Trust, and having been requested in writing by the owner and holder of the Note, will offer for sale, at public auction, to the highest bidder at the front door of the Courthouse of Kanawha County, West Virginia, on July 30, 2020 at 9:00 a.m., all that certain lot, piece or parcel of real property, together with improvements thereon, situate in Chesapeake, Loudon District, Kanawha County, West Virginia, being more particularly bounded and described as follows: All those certain lots or parcels of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in Loudon District, Kanawha County, West Virginia and being all of Lots Nos. Eleven (11) and Twelve (12) of the South Belle Addition as shown upon the revised map of same made by C. B. Holsclaw, Engineer, and file and recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia in Map Book 9, page 40. And being the same property conveyed unto Ivan P. Smith and Ethel M. Smith, his wife, as joint tenants with right of survivorship and not as tenants in common, by Hazel M. Leach Bandy and Lawrence T. Bandy, her husband, by deed dated February 14, 1958, of record in the foresaid Clerk’s Office, in Deed Book 1237, at page 323. The said Ethel M. Smith died a resident of Kanawha County, West Virginia, on October 25, 1996, title to the property hereby conveyed having vested in her spouse, Ivan P. Smith, by virtue of the survivorship clause of said deed. The said Ivan P. Smith died testate resident of Kanawha County, West Virginia, on September 18, 2013, and by his last Will and Testament of record in the aforesaid Clerk’s Office in Will Book 863, at page 260, devise the property hereby conveyed unto his sons, John P. Smith, Terry W. Smith and Michael E. Smith, subject to proviso in Item III.D that “If any of my said children should predecease me, the share of such child predeceasing me shall go to increase the shares of the surviving children”. The said Michael E. Smith predeceased his father, the said Ivan P. Smith, resulting in the ownership of the property hereby conveyed and the share of said predeceasing child, said Michael E. Smith having passed to the surviving children of said Ivan P. Smith, namely John P. Smith and Terry W. Smith, the first parties hereto. This conveyance is made subject to a flowage easement heretofore granted to the United States of America by the Chesapeake Realty Company under date of November 16, 1933 and of record in the said County Clerk’s Office in Deed Book 392, page 94. This conveyance is made subject to any and all covenants, restrictions, and easements as the same may appear in instruments of record in the aforesaid Clerk’s Office. At the time of execution of the deed of trust, the grantor represented that the address of the property was 11443 Kanawha Avenue, Chesapeake, WV 25315. TERMS OF SALE: The Premises will be sold “AS IS, WHERE IS,” in its present condition and with all faults and defects, if any. The property will be conveyed by deed with no covenants of warranty of title. The property shall be sold subject to all liens not discharged by the sale, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges and liens with priority to the Deed of Trust pursuant to which this sale is being conducted. The property shall be sold 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. The property will be sold for cash in hand on the date of sale to the highest bidder. 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 stamps to be affixed to the deed). The Successor Trustees and City National Bank of West Virginia shall not be responsible for the removal of any person or personal property from the Premises. Pursuant to the Deed of Trust, the Successor Trustees may postpone the sale by public announcement at the time and place designated and act by agent in the execution of the sale. The parties secured by the Deed of Trust reserve the right to purchase the Premises at such sale. Dated: 6/26/2020 Eric M. Johnson Esq. R. Douglas Calderwood Successor Trustees 200 Capitol Street Charleston, WV 25301 (304) 347-4253 LC-94667 7-2,9;2020