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 May 3, 1991, executed by Denver Gue and Alice S. Gue to John C. Musgrave, Trustee, of record in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Book 1284, at Page 734. Bailey & Slotnick, PLLC was appointed as Trustee by SUBSTITUTION OF TRUSTEE dated May 7, 2019, of record in the Clerk’s Office in Book 399, at Page 121. 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 10:30 O’CLOCK A.M. All that certain lot, piece or parcel of land situate on the Left Fork of Davis Creek, a tributary to the Guyandotte River, and located just off of W. Va. State Route Number 10 approximately 1.25 miles south of Melissa, in Barboursville District, Cabell County, W.Va., and being more particularly described as follows: BEGINNING on the east side of said creek at the northeast corner of a 3.64 acre tract of land conveyed unto Gladys Caserta by Kerman Midkiff and Leona Midkiff, by deed dated the 2nd day of August, 1954 and is of record in deed book 492 at page 193, and also being the northeast corner of a lot now owned by Luther Moore (deed book 749, page 33); thence North 85 degrees 58 minutes 09 seconds West a distance of 549.62 feet to a rebar (set) in the back line of the original 17 acre tract of the Vance lot; thence along and with the said back line North 04 degrees 45 minutes 00 seconds East, a distance of 25.43 feet to a rebar (set) at the corner of the Jennings Adkins lot; thence along and with said Adkins’ lot by his corrective deed North 89 degrees 07 minutes 42 seconds East, passing an iron pipe (found) at 346.12 feet and a chain link corner fence post at an additional 151.89 feet, or a total distance of 543.70 feet to an iron pipe (not found) in the Left Fork of Davis Creek; thence up said creek South 02 degrees 00 minutes 00 seconds East, a distance of 72.29 to the above BEGINNING; Containing 0.612 acres, or 26,636.667 square feet of land, more or less; and being more particularly bound and described upon that certain map which is attached to and recorded with the deed hereinafter referred to. Being the same property conveyed unto Denver Gue and Alice Sue Gue by deed dated May 3, 1991, of record in the Clerk’s Office in Deed Book 934, at Page 437. This conveyance is subject to any and all restrictions, reservations, covenants, conditions and exceptions of record in prior deeds in the chain of title. 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 $4,000.00 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: 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-71844 5-29;6-5;2019