Legal Notices

NOTICE OF TRUSTEE’S SALE NOTICE OF TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, WV Trustee Services, LLC, by that certain Deed of Trust dated April 28, 2008, in Book 3563, at Page 398, executed by Borrower(s), Rebecca K Protan, Unmarried. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 801 Hamlet Way, Charleston, WV 25314. WV Trustee Services, LLC were appointed as Substitute Trustees by Judgement Order filed February 6, 2020, of record in the Clerk’s Office in Book 4414, Page 76. The borrower(s) defaulted under the Note and Deed of Trust and the Substitute Trustees have been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustees 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 the following date: 11th day of February, 2021 at 10:15 a.m. All of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in the City of Charleston, Kanawha County, West Virginia, in Charleston South Annex Tax District, and being known and designated as all of Lot F-4 of HAMLET TOWNHOUSES, as the same is shown upon that certain map or plat thereof entitled, “PLAT OF SURVEY SHOWING THE `HAMLET TOWNHOUSES` A TOWNHOUSE SUBDIVISION BEING A PART OF SECTION THREE, OAKWOOD ADDITION TO THE CITY OF CHARLESTON, CHARLESTON SOUTH ANNEX, KANAWHA COUNTY, WEST VIRGINIA, SCALE: 1″ – 30` MARCH 3, 1987, JAMES F. HORES AND SANDRA P. HORES, OWNERS AND DEVELOPERS”, prepared by J. Bruce Hager, W.V.L.L.S. No. 577, which map is recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Map Book 42, at page 5. And being the same property conveyed unto Tammy M. Boggs, single, by James F. Hores and Sandra P. Hores, his wife, by deed dated May 14, 1992, of record in the aforesaid Clerk`s Office in Deed Book 2292, at page 234. And also being the same property conveyed unto Rebecca K. Protan by Tammy M. Boggs, single, by deed dated April 28, 2008, to be recorded simultaneously herewith in the aforesaid Clerk`s Office. For the consideration aforesaid, the said party of the first part does further GRANT and CONVEY unto the said party of the second part an undivided interest in and to the “Common Area” of said Hamlet Townhouses, said “Common Area” to include the right of way of the private road delineated upon the aforesaid recorded subdivision plat and referred to thereon and Hamlet Way, or any portion thereof, utility lines and easements therefor, refuse storage areas, parking areas, and utilization of light poles, which interest is more particularly set forth in the Declaration, hereinafter referred to. There is expressly reserved and excepted herewith an easement right of way in, on, over and under the property hereinabove described and conveyed for the installation, construction, repair and maintenance of wires, lines, conduits, and the necessary or proper attachments to and in connection with certain air condition equipment located upon the property hereinabove described and conveyed, servicing the improvements upon the property herein conveyed. This conveyance is expressly made subject to that certain “DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, RESTRICTIONS, AND RESERVATIONS PERTAINING TO HAMLET TOWNHOUSES, CITY OF CHARLESTON, CHARLESTON SOUTH ANNEX TAX DISTRICT, KANAWHA COUNTY, WEST VIRGINIA”, dated the 5th day of June, 1987, and recorded in aforesaid Clerk`s Office in Deed Book 2167, at page 13; and said party of the second part herein, on behalf of herself, her successors and assigns, does hereby join in the execution of this conveyance to evidence her acceptance of membership in Hamlet Townhouse Association, Inc., and her agreement to pay the Association dues as set forth in said Declaration, and as further evidence of this agreement to be bound by and subject to the provisions of said Declaration as it now exists and as hereafter modified, including, but no limited to, assessment by the Association. It is understood and agreed that the wall separating the divisions of the townhouses with Hamlet Townhouses shall be and are party walls for the uses and benefit of the property herein conveyed, and the properties adjoining same on either side. The provisions of this instrument as well as those contained in the aforesaid Declaration for such party wall shall be deemed to be covenants running with the lands herein conveyed, and shall be valid and binding upon the said party of the first part herein, their successors and assigns, and the said party of the second part herein, her successors and assigns. 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. Being the same property conveyed to Rebecca K. Protan by the Deed dated 04/28/2008 and recorded in Deed Book 2720 at Page 65 in the Office of the Clerk of the County Commission of Kanawha County, West Virginia. 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 11-22-1. 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 said 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 within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale. WV Trustee Services, LLC, Substitute Trustee BY: Dionne Reynolds, Limited Signing Officer WV Trustee Services, LLC McGuire Office Center 618 Tenth Street, Suite 108 Huntington, WV 25701 (304) 853-3336 dionne.reynolds@ wvtrusteeservices.com LC-104542 01-21,28/02-04;2021