Legal Notices

NOTICE OF TRUSTEE’S SALE Notice is hereby given by the undersigned Successor Trustee, in accordance with the provisions of that certain Consumer Deed of Trust, dated August 28, 1997, made by Victor P. Salutillo and Herminia A. Salutillo, as Grantors, and Glen Turley and Noel E. Roberts, as Trustees, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Trust Deed Book 2388, at page 855, as modified by that certain Modification and Extension of Promissory Note/Deed of Trust, dated November 23, 2002, of record in the aforesaid Clerk’s Office in Trust Deed Book 2930, at page 331, and that certain Modification of Deed of Trust, dated January 14, 2009, of record in the aforesaid Clerk’s Office in Trust Deed Book 3921, at page 252, and that certain Modification of Deed of Trust, dated February 22, 2012, of record in the aforesaid Clerk’s Office in Trust Deed Book 3857, at page 1, and that certain Modification of Deed of Trust, dated May 5, 2015, of record in the aforesaid Clerk’s Office in Trust Deed Book 4104, at page 583 (collectively, the “Deed of Trust”), to secure indebtedness described therein payable to First Community Bank of Mercer County, Inc., a West Virginia banking corporation, predecessor-in-interest to First Community Bank, N.A., now known as First Community Bank, a Virginia-chartered commercial bank, in the original principal amount of $257,000.00 (together with all renewals, extensions, refinancings, consolidations, substitutions, and other modifications, the “Note”), which Deed of Trust covers certain real estate situate in Kanawha County, West Virginia, more particularly described herein. Pursuant to authority granted in the Deed of Trust, First Community Bank, a Virginia-chartered commercial bank, the owner and holder of the Note secured by the Deed of Trust, appointed Zachary J. Rosencrance, Julia A. Chincheck, and Scott E. Barnette, each a resident of Kanawha County, West Virginia, to serve as Successor Trustees, by that certain Appointment of Successor Trustee, dated October 11, 2018, of record in the aforesaid Clerk’s office in Trust Deed Book 4331, at page 498. First Community Bank, the owner and holder of the Note secured by the Deed of Trust, has notified the Successor Trustee that Victor P. Salutillo and Herminia A. Salutillo are in default under the terms of the Note, and that Victor P. Salutillo and Herminia A. Salutillo are in default under the terms of the Deed of Trust, and has requested, in writing, that the Successor Trustee sell the real property described in the Deed of Trust at public auction, in accordance with the terms of the Deed of Trust and applicable law. TAKE NOTICE that the undersigned Successor Trustee will offer for sale at public auction on the 27th day of April, 2021, at 10:00 a.m., prevailing Eastern time, at the front door (Virginia Street) of the Kanawha County Courthouse, 409 Virginia Street East, Charleston, West Virginia, all those certain lots, tracts, or parcels of land together with the buildings and improvements thereon, easements, rights of way, and the appurtenances thereunto belonging, situate in Charleston South Annex, Kanawha County, West Virginia, and Union District, Kanawha County, West Virginia, and more particularly designated and described as follows (hereinafter, the “Real Property”): PARCEL ONE All of those certain lots or parcels of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in Fort Hill, Charleston, Charleston South Annex, Kanawha County, West Virginia, and being bounded and more particularly described as follows: BEGINNING at a stake in the westerly line of Sheridan Circle (formerly known as Fair View Avenue), said beginning point being located S. 43 37′ E. a distance of 5.02 feet from the common front corner of Lots Nos. 208 and 209 of Fort Hill, and running thence with a line through said Lot No. 208 parallel to and 5 feet from the common division line between said Lots Nos. 208 and 209 S. 50 49′ W. a distance of 111.49 feet to a stake located in the easterly line of Sheridan Circle (formerly known as Fair View Drive); thence running with the said easterly line of said Sheridan Circle with a curved line to the right, the chord of which bears N. 28 38′ W. a distance of 5.09 feet to a stake located at the common corner to said Lots Nos. 208 and 209; thence continuing with the said easterly line of said Sheridan Circle with a curved line to the right, the chord of which bears N. 28 21′ W. a distance of 45.00 feet to a stake located at the common corner to Lots Nos. 209 and 210; thence continuing with the said easterly line of said Sheridan Circle with a curved line to the right, the chord of which bears N. 1 31′ W. a distance of 62.26 feet to a stake; thence continuing with the said easterly line of said Sheridan Circle with a curved line to the right, the chord of which bears N. 83 58′ E. a distance of 15.83 feet to a stake; thence continuing with the said southerly line of said Sheridan Circle with a curved line to the right, the chord of which bears S. 56 32-1/2′ E. a distance of 17.33 feet to a stake; thence running with the westerly line of said Sheridan Circle passing the common corner to Lots Nos. 209 and 210 at 34.41 feet, then continuing on in the same straight line and passing the corner of Lots Nos. 208 and 209 at 79.41 feet, and continuing on in the ame sic: same straight line in all a distance of 84.43 feet to the place of beginning, being all of Lots Nos. 209 and 210 together with a parcel of land being a part of Lot No. 208 being five (5) feet in width, measured at right angles to the common division line of said Lots Nos. 208 and 209, adjacent to and coterminous with the said common division line of said Lots Nos. 208 and 209 of Fort Hill as shown on the map of said addition filed and recorded in the office of the Clerk of the County Commission of Kanawha County, West Virginia in Photostatic Map Book 9, at page 76; as shown upon the map made by Field Engineering Co., dated February 27, 1959, attached to and made a part of the deed conveying the property unto Charles S. Foutche by John L. Glover and Alice Patricia Glover, his wife, dated March 10, 1959, of record in the aforesaid Clerk’s office in Deed Book 1272, at page 392, reference to which maps and deed is herein made for a more particular description of the property hereby conveyed; and being the same property conveyed to Victor Salutillo and Herminia A. Salutillo, his wife, by Ezzat N. Joseph and Ikbal E. Joseph, his wife, by deed dated November 6, 1986, and of record in the aforesaid Clerk’s office in Deed Book 2140, page 359, to which map and deed reference is here made for a more particular description of the property herein described. PARCEL TWO All of that certain tract or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in Union District, Kanawha County, West Virginia, and being more particularly bounded and described as follows: BEGINNING at a monument in the northerly line of Big Tyler Road, W.Va. Secondary Kan. Co. No. 5 (said road also known as the Flatwoods Crosslanes Hard Road) said monument being in said northerly line of said road a common corner between the tract of land herein described and a parcel of land heretofore conveyed to Raymond Tolley by H.C. Hill and Maude Hill, his wife, by deed dated November 18, 1940 of record in the office of the Clerk of the County Commission of Kanawha County, West Virginia in Deed Book 562, at page 297; thence leaving Big Tyler Road and running with one line of said Tolley, N. 42 20′ W. 114.4 feet to a monument located in the southerly line of the Old County Road, said monument being located 16-1/2 feet from the center line of said Old County Road; thence running with the southerly line of said Old County Road, N. 39 46′ E. 76 feet to a point in the line of said Old County Road; thence leaving said Old County Road and running S. 36 57′ E. 141.1 feet to a point in the northeasterly line of Big Tyler Road; thence running along the northerly line of said Big Tyler Road, S. 61 48′ W. 64 feet to the place of beginning; and being the same property conveyed to Victor P. Salutillo and Herminia A. Salutillo, his wife, by Charleston National Bank, a national banking association, by deed dated April 16, 1985, of record in the aforesaid Clerk’s office in Deed Book 2091, page 123, to which map and deed reference is here made for a more particular description of the property herein described. Subject to such rights of way, easements, reservations, restrictions, covenants and conditions as the same may be contained in prior deeds of record in the chain of title. TERMS OF SALE The Real Property will be sold for cash in hand on the date of sale, or under any different, other, or additional sale terms as the Successor Trustee, in his or her reasonable discretion, determines to be appropriate or advisable. The sale shall be further subject to the following: 1. Real estate taxes delinquent, due or payable or to become due and payable, all of which shall be the responsibility of the purchaser; 2. Any statutory lien or liens that may affect the subject property; 3. All covenants, conditions, restrictions, reservations, easements and rights-of-way appearing of record in the chain of title to the property, or which may be visible from a physical inspection of the subject property; 4. All liens and encumbrances of any nature whatsoever, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges, having priority over the deed of trust referred to herein. 5. The purchaser at the sale shall be responsible for paying the costs of recording the Successor Trustee’s Deed and the tax imposed by the State of West Virginia on the privilege of transferring real property (the cost of the tax stamps to be affixed to the Deed). 6. All of the property to be sold will be sold “AS IS, WHERE IS” in the present condition and with all faults and defects, if any, and without any warranty or representation, express of implied. The Successor Trustee shall be under no duty to cause any existing tenant or person occupying the Real Property to vacate said property. The Successor Trustee will deliver a trustee’s deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code 38-1-6. The Successor Trustee makes no representations and warranties about the title to the real estate to be conveyed. If the Successor Trustee is unable to convey insurable or marketable title to the purchaser for any reason, purchaser’s sole remedy is return of deposit. 7. It appears there are federal tax liens attaching to the property. In the event that there are federal tax liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer. 8. The undersigned Successor Trustee expressly reserves the right to reject any and all bids, and the right to adjourn the sale from time to time without notice other than oral proclamation at the time and place appointed for the sale. Such adjournment may be for a period of time deemed expedient by the beneficial owner, and shall not be construed to be a waiver of the right to make the sale contemplated by this Notice. 9. The beneficiary of the Deed of Trust and holder of the Note thereby secured reserves the right to submit a bid for the Real Property at the sale, which bid may be in the form of a credit bid. 10. The successful bidder will be required to execute a memorandum of sale upon the acceptance of the successful bid by the Successor Trustee. 11. The sale is subject to post-sale confirmation that none of the grantors filed for bankruptcy protection before the conclusion of bidding, in which case the sale will be null and void and the purchaser’s sole remedy, at law or in equity, will be return of deposit without interest. Additional terms of sale may be announced prior to the sale. Any inquiries regarding this sale may be directed to Zachary J. Rosencrance, Successor Trustee, 600 Quarrier Street, Charleston, West Virginia 25301, telephone (304) 347-1100. DATED: March 17, 2021. LC-107594 04-01,08;2021