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 September 11, 2013, executed by Charles K. Asbury, aka Charles Asbury, and Kathy Asbury to Kenneth E. Price, Trustee, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Book 3987, at Page 608. Bailey & Slotnick, PLLC was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated September 24, 2020, of record in the Clerk’s Office in Book 4455, at Page 862. 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, November 24, 2020, AT 10:00 A.M. All that certain lot, tract, or parcel of real estate, together with the improvements thereon and appurtenances thereunto belonging, which includes that 2012 KABRO mobile home (Serial Number KB027257AB12), situate, lying and being off Secondary Route 26/1 on the waters of Sigman Fork, Poca District, Kanawha County, West Virginia, and being more particularly described as follows: BEGINNING at a point in a drain on the CARPENTER line (DB 2362, PG 278); thence down the drain S. 66 07′ 01″ E. 117.04 feet to a point; thence S. 40 47′ 04″ E. 86.94 feet to a point; thence S. 35 08′ 55″ E. 86.31 feet to a 20″ black Cherry; thence leaving the drain and CARPENTER line, making a new division line through the 17.75 acre tract, running up the hill S. 59 34′ 02″ W. 261.70 feet to a 14″ white oak on the hillside; thence along the hillside N. 08 10′ 20″ W. 150.94 feet to a 12″ maple; thence N 16 09′ 38″ E. 108.49 feet to a 14″ poplar; thence down the hill N. 03 06′ 35″ E. 62.82 feet to the point of beginning, containing 1.00 Acre (43,560 sq. ft.) As shown “Site Survey Plat by Timothy L. Keely— WV PS No. 972…dated September 9, 2004”. Being the same property conveyed unto Kathy Asbury and Charles Asbury, mother and son, by Dola Harmon and Pearl Harmon, husband and wife, by deed dated September 17, 2004, and recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 2613, at page 70. 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 $9,000.00 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 2nd day of November, 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-101160 11-13,20;2020