Cabell

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 December 6, 1994, executed by James C. Elkins and Lillian Elkins to Robert D. Lewis, Trustee, of record in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Book 1401, at Page 187. Bailey & Slotnick, PLLC was appointed as Trustee by SUBSTITUTION OF TRUSTEE dated April 29, 2019, of record in the Clerk’s Office in Book 399, at Page 117. 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 side door of the Courthouse of Cabell County, in Huntington, West Virginia, on: THURSDAY, JUNE 6, 2019, AT 10:00 O’CLOCK A.M. All of that certain lot of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in Barboursville District, Cabell County, West Virginia, and being located on Nicholas Drive and Heath Court in Lost Valley Subdivision, Section 5 as Recorded in Map Book 10 Page 4 filed January 28, 1982, in the Office of the Clerk of Cabell County, West Virginia. Being all of Lot No. 5 of said Subdivision, together with the East 1/2 of Lot No. 4, the said East 1/2 of Lot No. 4 being more particularly bounded and described as follows: Beginning at an iron pin found at the Northeast corner of said Lot No. 5 and the South right of way line of Heath Court; said point is located South 54 11 West 64.29 feet from an iron pin found at the Northeast corner of Lot 5; thence, leaving said Court with the East line of said Lot No. 5, South 10 13′ East 164.27 feet to an iron pin set in the North line of Lot No. 2 of said Subdivision; thence, with the said North line of Lot No. 2, South 66 36′ 34 West (Map) 22.50 feet to an iron pin at the center of Lot No. 4; severing said Lot No. 4 in half and leaving the said Lot No. 2, North 12 22′ West 152.49 feet to an iron pin in the South right of way line of said Heath Court; thence with the said South right of way line of said Court, North 48 05′ East 32.50 feet to the place of beginning containing 3955.7 S.F. or 0.091 Acre more or less as surveyed by Jack G. Meenach, Prof. Surveyor and shown on the attached plat and made a part of this description. The above description includes all of Lot No. 5, and a part of Lot No. 4 being the East 1/2 of Lot No.4 as shown on a Subdivision Plat entitled “Lost Valley Subdivision, Barboursville District, Cabell County, West Virginia See Deed Book 807 Page 113, Section 5”, and recorded on January 28, 1982 in the Office of the Clerk of Cabell County, West Virginia. The above described Lot is subject to all previously Recorded Easements for Roads and Drainage and other Easements and Restrictions and Reservations of Record. The above description was prepared by Jack G. Meenach, Prof. Surveyor for the State of West Virginia, License No. 09. Being the same property conveyed unto James C. Elkins and Lillian Elkins by deed dated December 6, 1994, of record in the Clerk’s Office in Deed Book 982, at Page 621. Lillian Elkins conveyed all her right, title and interest in the property to James C. Elkins. James C. Elkins died intestate on July 6, 2009, at which time title to the property vested in his heirs, Alice Clevenger Elkins, Jamie Elkins, Sharon Elkins, and Eric Elkins. Alice Clevenger, Jamie Elkins, Sharon Elkins, and Eric Elkins conveyed the property to Lillian Elkins by deed dated March 10, 2011, of record in the Clerk’s Office in Deed Book 1229, at Page 364. 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) Real estate taxes due and payable have been paid. All real estate taxes hereafter will be the responsibility of the purchaser. 4) 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. 5) 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. 6) 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. 7) The total purchase price is payable to the Trustee by cashier’s check, cash or the equivalent within thirty (30) days of the date of sale, with a minimum deposit of $6,000.00 payable to the Trustee by cashier’s check, cash or money order at the time and place of the sale. There will be no refund granted of any amount if the third party purchaser elects not to purchase the property for any reason. 8) For more information on this property, please see listing on the PROPERTIES FOR SALE WEBSITE: https://properties.sc.egov.usda.gov/resales/public/home. Given under my hand this 14th day of May, 2019. BAILEY & SLOTNICK, PLLC-TRUSTEE By: Marc J. Slotnick, Member 500 Virginia Street East, Suite 600 Charleston, West Virginia 25301 Phone: (304) 346 1800 WV State Bar No. 5956 LH-71430 5-29;6-5;2019