Kanawha

Legal Notices

TRUSTEES’ SALE OF VALUABLE REAL ESTATE 410 Elk River Road N., Clendenin, WV 25045 In a Deed of Trust dated November 28, 2018, and duly recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed of Trust Book 3957, at page 976 Kenneth P. Cottrell did convey unto Carl H. Cather, III, Trustee, certain real property. The beneficial holder of that Deed of Trust has elected to appoint Terra Abstract Trustee West Virginia, Inc. as substitute trustees by a Substitution of Trustee recorded in the aforesaid Clerk’s Office. Default having occurred under the Deed of Trust and the beneficial holder having instructed the undersigned Trustees to foreclose, this real property will be sold at public auction at the front door of the Kanawha County Courthouse, 407 Virginia Street, East, Charleston, West Virginia 25301 on: July 20, 2021 At 01:00 PM The property for sale as described by the Deed of Trust is as follows: ALL THOSE CERTAIN TRACTS OR PARCELS OF LAND Tract One: Beginning at a 1 inch iron pipe set on the east right-of-way line on said State Route 4, from which a 1 inch iron pipe found at the northwest corner to a Lot owned by Jacqueline H. Stafford bears N. 25 14` E. 209.30 feet; thence through the Jacqueline H. Stafford tract described in Deed Book 2213 at Page 247, S. 57 32` E. 19.97 feet to a 1/2 inch rebar set on the west side of a 20-foot right-of-way; thence with the 20-feet right-ofway line for three calls S. 25 21 W. 17.93 feet to a point: thence S. 36 59` W. 48.78 feet to a point: thence S. 46 55` W. 20.71 feet to a 1/2 inch rebar set on the east right-of-way line of said Route 4; thence with the said east right-of-way line of said Route 4, N. 23 48` E. 87.47 feet to the place of Beginning, containing 1,106 square feet, more or less. Tract Two: Beginning at a 1/2 inch rebar set on the east right-of-way line of State Route 4, corner to Thelma J. Rule; thence with said right-of-way line of said Route 4 for two calls, with a curve to the left, having a radius of 926.58 feet, for a chord bearing N. 27 17` E. 134.37 feet to a point; thence 23 48` E. 73.45 feet to a 1/2 inch rebar set at the intersection of the east right-of-way line of Route 4 and the east right-of-way line of a 20 foot right-of way line; thence with said 20-foot right of way line for three calls, N. 46 55` E. 69.30 feet to a point; thence N. 38 59` E. 52.58 feet to a point; thence N. 25 21 E. 17.44 feet to a 1/2 Inch rebar set; thence leaving said 20-foot right-of-way and continuing through the tract of which this was a part S. 57 32` E. crossing a 1/2 inch rebar at 27.60 feet and a 1 inch iron pipe at 87.13 feet, in all a distance of 106.47 feet to a point at the west low water mark of Elk River; thence running with said low water mark for two calls, S. 41 10` W. 181.05 feet to a point , thence S. 35 02` W. 168.65 feet to a point, corner to said rule tract; thence running with said rule tract N. 53 59` W., crossing a 1/2 inch iron pipe found at 20.03 feet and another 1/2 inch iron pipe found at 62.32 feet in all a distance of 67.76 feet to the place of beginning , containing 0.70 acre, more or less. Tract One and Tract Two are the same property shown on that certain Map or Plat dated July 7, 1991, made by Mark C. Shamblin, R.P.S. No. 827, entitled “Plat showing division of the Jacqueline H. Stafford tract described in Deed Book 2213 of Page 247 situate on the west bank of Elk River Bid Sandy District, Kanawha County, West Virginia” a copy of which is recorded in the office of the clerk of the county Commission of Kanawha County, West Virginia in Deed Book 2281 at Page 224 and incorporated herein by reference for a more particular description of the property herein conveyed. The purchaser will take the property subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real property. The purchaser will be responsible for paying any transfer stamp, excise taxes, and recording costs associated with recording the Trustee’s Deed into their name. The purchaser will be responsible for paying any unpaid property taxes owed to the Sheriff of Kanawha County prior to or following the sale directly to the Sheriff. The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance having priority over the deed of trust referred to herein. The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance that is junior (“junior claims”) to this Deed of Trust and to which sufficient notice was not given. In that case, unless such right to notice is waived, the chain of title shall not merge with this Deed of Trust as to those unnoticed deeds of trust, judgments, liens, and other encumbrances and will be subject to a further noticed and published sale under this Deed of Trust pursuant to W.Va. Code 38-1-4, in which bidding shall resume at the last highest bid given. In the event of a surplus of such sale, the mortgagors and noticed junior lienholders are hereby on notice that if such surplus is less than Two Thousand Five Hundred Dollars ($2500.00), then the Substitute Trustee will disburse those proceeds to the most senior interest holder as it sees fit, unless an objection is made in writing. The Trustees do not guarantee or represent that the boundaries described above are accurate, are not encroached upon, or that any particular structure located on the property is contained within the described boundaries. The property is therefore sold subject to an accurate survey at purchaser’s expense. The Trustees reserve the right to adjourn the sale, for a time, or from time to time, by announcement at the time and place of sale described above or any adjournment thereof. Such adjournment will be noticed by posting a notice at the front door of the county courthouse or where such notices are traditionally posted at the county courthouse. Such notice will include the date and time when such sale will reconvene. The Trustees reserve the right to reject any and all bids for any reason. The Trustees make no representations as to the condition of the property. The property will be sold in “AS IS” condition. The Trustees make no representations as to whether the property is occupied. The purchaser is responsible for gaining access and possession of the property. Trustees shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. The purchaser may assign its rights prior to the delivery of the trustee’s deed by a signed request in writing to the trustee; the assignee of the purchaser shall be bound by all terms and conditions applicable to the purchaser. The Trustees will deliver a trustees’ deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code 38-1-6. The Trustees make no representations and warranties about the title of the real estate to be conveyed. If the Trustees are unable to convey insurable or marketable title to purchaser for any reason, purchaser’s sole remedy is return of deposit. TERMS OF SALE: Purchaser must bring $8000 cash in hand at the time of sale as a deposit in the form of a certified check or cashier’s check made payable to “Stern & Eisenberg Mid-Atlantic, PC, counsel for Terra Abstract.” Those appearing without their deposit will not be allowed to bid. The balance of the successful purchaser’s bid must be proffered in cash within 30 days of the date of the sale. Purchaser shall pay for transfer stamps and recording fees. Additional terms of sale may be announced prior to the sale. Terra Abstract Trustee West Virginia, Inc. 9920 Franklin Square Drive, Suite 100 Baltimore, MD 21236 (410) 635-5127, (443) 815-3931 sterneisenberg.com LC-110321 05-13,20;2021