Legal Notices

NOTICE OF TRUSTEE’S SALE Pursuant to of the authority vested by that certain Deed of Trust dated may 6, 2013, executed by John E. White and Ida S. White to J. R. Wilson, Trustee, of record in the Office of the Clerk of the County Commission of Lincoln County, West Virginia in Trust Deed Book 240, Page 272, and the undersigned, Eric S. Embree, was appointed as Trustee by Appointment of Successor of Trustee dated February 26, 2021, of record in the Clerk’s Office in Trust Deed Book 284, page 69. 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 Lincoln County, West Virginia, on: Wednesday, May 26, 2021 @ 10:00 AM. All of the following described real estate, together with the improvements thereon and the appurtenances thereunto belonging, situate on the waters of Mud River on State Route No. 3, below the Town of Hamlin in Carroll District, Lincoln County, West Virginia, and being more particularly bounded and described as follows: TRACT NUMBER ONE: BEGINNING at a stake in the branch located 8 feet south of the south abutment of a concrete bridge over a small branch and on West Virginia State Route No. 3, said stake being in the south right of way line of said road; thence S. 52 45′ W., 231 feet to a stake located on the bank of the south side of said State Route No. 3; thence S. 32 E., 443 feet to a stake in the bottom, in the old Powell line; thence N. 4 E., 278 feet to a stake located in what was known as the Old County Road and 15 feet southwest of a small branch; and thence N. 15 45 W., 246 feet to the stake at the beginning, containing one and forty five hundredths (1.45 acres), more or less. TRACT NUMBER TWO: BEGINNING at Mud River on an elm tree (corner between W. J. Powell and Lea G. Ray); thence in an easterly direction down Mud River, a distance of three hundred twenty three (323) feet to an elm tree; thence in a northerly direction a distance of one hundred sixty eight (168) feet to a birch tree in the edge of the old road bed; thence in a westerly direction up the old road bed a distance of three hundred thirty seven (337) feet to the line of the Lea G. Ray; and thence with the said line of Lea G. Ray a distance of three hundred twenty six (326) feet to the beginning, containing one and one half ( 1 1/2) acres, more or less. Being the same real estate conveyed unto John E. White and Ida S. White, husband and wife, by Leopoldo Hernandez, by deed dated December 2, 1970, a copy of which is recorded in the Office of the Clerk of the County Commission of Lincoln County, West Virginia in Deed Book 180, page 338. The said John E. White died on or about May 10, 2017, and title to the above described real estate vested solely in the said Ida S. White by virtue of the survivorship clause contained in the aforesaid deed. The above described real estate is purported to have a street address of 8375 Court Avenue, Hamlin, WV 25523. It is the intention of this notice to sell the secured property by proper description as was intended to be transferred and conveyed in the aforesaid deed of trust. 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. 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 one hundred twenty (120) days from the date of such sale or the period allowable for redemption under the local law, whichever is longer. Any buyer is advised to retain counsel before the sale. 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 to submit a bid for the property at sale. 4) The Trustee reserves the right to continue the 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. Should the Trustee not appear at the time appointed for the sale and there is no notice posted of a continuance please contact the office of the Trustee to make further inquiry. Any sale may be conducted or adjourned by the designated agent or attorney of the Trustee. The undersigned is fully vested with the authority to sell said property as Trustee by instrument of record. 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 the equivalent within thirty (30) days of the date of sale, with ten percent (10%) of the total purchase price payable to the Trustee at sale by cashier’s check, cash or the equivalent. If the purchaser at the sale is unable to complete the terms of purchase within thirty (30) days, the Trustee reserves the right to transfer the property to the next highest bidder. 7) Should any party have any inquires, objections the sale or protests regarding the sale, or request regarding the sale, please notify the Trustee below. 8) The part(ies) secured by the Deed of Trust reserve the right to purchase the property as such sale. Given under my hand this 4th day of May, 2021. ERIC S. EMBREE, Esq. Tyree, Embree & Associates, PLLC 3564 Teays Valley Road Hurricane, West Virginia 25526 (304) 757-0021 Email: [email protected] Successor Trustee LC-110236 05-12,19;2021