Kanawha

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 15, 2018, executed by Colten G. Asbury to Kenneth Price, Trustee, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Book 4305, at Page 227. Bailey & Slotnick, PLLC was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated April 8, 2021, of record in the Clerk’s Office in Book 4500, at Page 979. The borrower 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: THURSDAY, MAY 20, 2021, AT 10:00 A.M. The SURFACE ONLY of all those certain lots or parcels of land, together with the improvements thereon and the appurtenances thereunto belonging, situate on the waters of Martins Branch of Tuppers Creek, Union District, Kanawha County, West Virginia, and being more particularly bounded and described as follows: TRACT ONE: BEGINNING at an iron pipe on the northerly side of a right of way of Daisey Holley in the southerly line of a 2.22 acre tract previously conveyed unto Elwood A. Holmes, et ux.; thence with two lines of said 2.22 acre tract, N. 15 57′ 30″ W. 150.00 feet to an iron pin; thence S. 82 38′ 30″ W. 67.43 feet to an iron pin by a drain in a line of the said Daisey Holley; thence with said line of Holley running parallel to said right of way, S. 08 26′ 15″ W. 60 feet, more or less, to a point; thence with said right of way line and running in a southeasterly direction 120 feet, more or less, to a point; thence continuing with said right of way line, N. 84 27′ E. 20 feet, more or less, to the place of beginning, containing 1/4 acre, more or less, and situate on the waters of Martins Branch of Tuppers Creek, Union District, Kanawha County, West Virginia. TRACT TWO: BEGINNING at an iron pin in a northerly right of way line of a 20 foot right of way of Daisey Holley at its intersection of a 20 foot driveway extending to the 1.513 acre tract previously conveyed unto Crowder; thence running with the easterly line of said 20 foot driveway in a northerly direction 200 feet, more or less, to a point in the southerly line of said 1.513 acre tract; thence N. 86 22′ E. 200 feet, more or less, to an iron pipe; thence S. 19 55′ 03″ E. 52.72 feet to an iron pin; thence S. 39 14′ 30″ W. 211.26 feet to the place of beginning, containing 0.71 acre, situate on the waters of Martins Branch of Tuppers Creek in Union District, Kanawha County, West Virginia. Being the same property conveyed unto Colten G. Asbury, by Milestone, LLC, a West Virginia limited liability company, by deed dated May 9, 2018, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Book 3002, at Page 453. 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 $3,000.00 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 26th day of April, 2021. Marc J. Slotnick, Trustee Bailey & Slotnick, PLLC 500 Virginia Street East, Suite 600 Charleston, West Virginia 25301 Phone: (304) 346-1800 WV State Bar No. 5956 LC-109477 05-12,19;2021