Legal Notices

NOTICE OF TRUSTEE’S SALE NOTICE OF TRUSTEE’S SALE and Notice of the Beneficiary/Servicer’s election to sell property is hereby given pursuant to and by virtue of the authority vested in the Trustee by that certain Deed of Trust dated June 14, 2017, executed by Nicholas D. Evans and Abagail K. Evans to D. Kevin Moffatt, Trustee, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Book 4246, at Page 663. Bailey & Slotnick, PLLC was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated June 30, 2020, of record in the Clerk’s Office in Book 4434, at Page 389. The borrowers 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 front door of the Courthouse of Kanawha County, in Charleston, West Virginia, on: TUESDAY, SEPTEMBER 15, 2020, AT 10:00 A.M. All those certain lots, tracts or parcels of land, together with the improvements thereon and the appurtenances thereunto belonging, situate on the waters of Lens Creek, Loudon District, Kanawha County, West Virginia, and being more particularly bounded and described as follows: TRACT ONE: Being known and designated as Lots 19 and 20, Griffith, 80 ft., Hernshaw, and are known and designated on a map of the J. B. Griffith lots at Hernshaw, Kanawha County, West Virginia, by J. H. High, C.E., in March 1945, the said lots being more particularly as follows: Beginning at a point in the southerly line of the old southern Railroad right of way, said point being a 1/2″ rebar located at the front common corner of Lots 18 & 19 as shown upon a map title “MAP SHOWING SURVEY OF LOTS BELONGING TO J.B. GRIFFITH” dated 1945 and of record in the office of the Clerk of the County Commission of Kanawha County, West Virginia in Map Book 11 at page 24; thence running with said right of way line N. 48 46′ E. 80.00′ to a fence post; said post is the front common corner of Lots 20 & 21; thence leaving said right of way and traveling with the common dividing line of Lots 20 & 21, S. 39 20′ E. 70.00′ to a point; said point is the rear common corner of Lots 20 & 21; thence turning to the right and traveling S. 53 17′ W. 19.10′; thence S. 54 11′ 22.50′ and continuing the same direction S. 54 11′ W. 40.09′ to the rear common corner of Lots 18 & 19; thence turning and traveling towards the aforementioned right of way N. 39 20′ W. 67.65′ to the place of beginning and being all of Lots 19 & 20 of the old J.B. Griffith Property in Hernshaw, W.Va. TRACT TWO: Being Tact “A”, as set forth and described on that certain map or plat entitled “PLAT OF SURVEY SHOWING TRACTS A THRU C BEING THE PROPERTY THAT LIES BETWEEN LOTS 8 THRU 20 OF THE J.B. GRIFFITH SUBDIVISION AND LENS CREEK”, dated September 27, 2000, and of record in the office of the Clerk of the County Commission of Kanawha County, West Virginia in Map Book 57, at page 81; and lying south of Lots 19 and 20 of J.B. Griffith Subdivision Two, being more particularly bounded and described as follows: Beginning at a point corner to the rear of Lots 20 & 21 of the J.B. Griffith subdivision; thence with a line being the extension of said Lots 20 & 21, S. 41 01′ E. 92.02 feet to a point in the center of Lens Creek; thence with said Lens Creek for two (2) calls:. 1) N. 80 16′ W. 34.58 feet to a point in the center of said creek; 2) S. 77 07. W. 69.66 feet to a point in the center of said creek; thence leaving said creek and with a line being the extension of Lots 18 & 19 of said subdivision, N. 39 09′ W. 39.59 feet to a point corner to said Lots 18 & 19; thence with the back line of Lots 19 & 20 for two (2) calls: 1) N. 54 11′ E. 64.99 feet to a point, 2) N. 53 14′ E. 17.35 feet to the place of beginning, containing 4,987.77 square feet, more or less, as surveyed by Design Tech, and shown on the aforesaid map. This tract is subject to the old country right-of-way for which an exact location thereof could not be determined by survey. At the time of the execution of the Deed of Trust, this property was reported to have an address of: 2685 Lens Creek Road, Hernshaw, WV 25107. This is the same property conveyed to Nicholas D. Evans and Abagail K. Evans from James M. Kirk, by deed dated June 14, 2017, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia Deed Book 2975, at Page 414. 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-ways, easements, covenants, conveyances and conditions of record in the Clerk’s office or affecting the subject property. 2) The Purchaser shall be responsible for the payment of the transfer taxes imposed by the West Virginia Code 11-22-2. 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 sale. 4) The Trustee reserves the right to continue 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. 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 money order within thirty (30) days of the date of sale, with a minimum deposit of $17,000.00 payable to the Trustee by cashier’s check, cash or money order at the time and place of the sale. Given under my hand this 21st day of August, 2020. BAILEY & SLOTNICK, PLLC-TRUSTEE By Marc J. Slotnick, Member Bailey & Slotnick, PLLC 500 Virginia Street East, Suite 600 Charleston, West Virginia 25301 Phone: (304) 346-1800 WV State Bar No. 5956 LC-97445 09-04,11;2020