Legal Notices

NOTICE OF TRUSTEE’S SALE NOTICE OF TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, WV Trustee Services, LLC, by that certain Deed of Trust dated October 15, 2004, executed by Borrowers, Ricky H. Fouty and Harold K. Fouty, to Steven Thomason, the Trustee of record in the office of the Clerk of the County Commission of Kanawha County, West Virginia, in Book 3186, at Page 323. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 286 Blue Creek Rd, Elkview, WV 25071. WV Trustee Services, LLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated September 18, 2019, of record in the Clerk’s Office in Book 4384, Page 726. The borrowers defaulted under the Note and Deed of Trust and the Substitute Trustees have been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustees 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 the following date: 29th day of July, 2021 at 10:15 a.m. All the surface of that certain tract BEGINNING at a point in the westerly right of way line of West Virginia Secondary Route Number 57, said point bears S. 81 degrees 04′ W. 14.71 feet from the centerline junction of Route Number 57 and Ash Lock Branch, a point of reference for the South Penn Oil Co. office lot; thence with the line of Clinton H Moore D.B. 1337 P. 21 S 81 04′ W, 187.28′ to a #6 rebar set in the easterly r/w line of Conrail Rail Road and corner to Young; thence with said right of way line the following courses and distances; N. 18 degrees 20′ W. 11.08 feet to a point, N 23 degrees 44′ W. 94.59 feet to a point, N 31 degrees 19′ W 140.72 feet to a point, N. 36 degrees 04 W. 128.80 feet to a #6 rebar set; thence leaving said right of way S. 51 degrees 40′ E. 143.3 feet to a #6 rebar set, S. 60 degrees 25′ E. 170.2 feet to a #6 rebar set, N. 48 degrees 38′ E. 8.00 feet to a #6 rebar set in the westerly right of way line of WV Secondary Route number 57; thence with said right of way line the following courses and distances: S. 47 degrees 18′ E. 113.79 feet to a point, S. 41 degrees 49′ E. 23.36 feet to a point, S. 20 degrees 19′ E. 28.51 feet to a point, S. 00 degrees 20′ W. 3.44 feet to the point of beginning, containing 0.80 acres more or less. As shown on plat prepared by I.A.N. Garcelon P.S. 861 for Harold K. Fouty dated July 14, 1995 and recorded in Deed Book 2370 P. 170. Being the same property conveyed by Charles W Skinner, Jr., Alice Blackmer Skinner, Carol Skinner Lawson, Perry Skinner Martin and Ernest O. Martin to Harold K Fouty and Rick H Fouty by deed dated July 19, 1995 of record in the office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 2370 at Page No. 167, LESS AND EXCEPT: That portion containing 2,584 square feet or 0.06 acres more or less, conveyed by Warranty Deed from Harold K. Fouty and Ricky H. Fouty to C.I. McKown & Son, Inc., dated 1/15/1996 recorded 01/24/1996, in Deed Book 2380, Page 128, And all the surface of that certain tract BEGINNING at a #5 rebar set in the westerly right of way line of West Virginia Secondary Route 57; thence leaving said right of way and with the common line of C. I. McKown and Son, Inc. (D. B. 2367 – Pg. 475) and Harold K. Fouty (D. B. 2370 – Pg-167) S. 48 deg. 38′ W. 8.00 feet to a #5 rebar set, N. 60 deg. 25′ W. 170.20 feet to a #5 rebar set; thence leaving said common line and through McKown N. 59 deg. 52′ of West Virginia Secondary Route 57; thence with said right of way S. 46 deg. 28′ E. 35.37 feet to a point, S. 43 Deg. 42′ E. 114.67 feet to the point of beginning containing 4,873 square feet or 0.11 acres. And being a part of the same property that was conveyed unto the party of the first part from Pennzoil Products Company, by deed dated the 30th day of May 1995, and if record in the Kanawha County Clerk’s Office in Deed Book 2367 at Page 475. Being the property conveyed by CI McKown & Son, Inc. to Harold K Fouty and Ricky H Fouty by deed dated January 23, 1996 and of record in the office of the Clerk of the County Commission of Kanawha County, West Virginia in Deed Book No. 2380, at Page No. 125. The property description of both tracts described above combined, as determined by recent survey, being as follows: DEED DESCRIPTION FOR COMBINING THE .74 ACRE TRACT AND .11 ACRE TRACT All of the surface of that certain tract: BEGINNING at a point in the westerly right of way line of West Virginia Secondary Route Number 57, said point bears S. 81 degrees 04′ W. 14.71 feet from the centerline junction of Route Number 57 and Ash Lick Branch, a point of reference for the South Penn Oil Co. office lot corner to Harold K Fouty 0.74 acre tract and Daires Young; thence with the line of Daires Young D.B. 2639 P. 584 S 81 04′ W, 187.28′ to a point in the easterly r/w line of Conrail Rail Road corner to Young and Fouty. Thence with the easterly r/w line of Conrail Rail Road N. 18 20′ W, 11.08′ to a point in said r/w line. Thence continuing with said r/w line N 23 44′ W, 94.59′ to a point in said r/w line. Thence with same N 31 19′ W, 135.53′ to a 5/8″ rebar (found) in concrete corner to Fouty 0.74 acre tract and Brenda J. Sanger 0.06 acre tract. Thence leaving said Conrail r/w and with the line of Sanger N 59 52′ E, passing a 5/8″ rebar (found) at 39.19′ at the corner to the 0.74 acre tract, 0.11 acre tract, and 0.06 acre tract a total distance of 96.02′ to a 5/8″ rebar (found) in the westerly r/w line of WV Sec. Rt. 57 corner to Sanger and Fouty. Thence with the westerly r/w line of WV Sec. Rt. 57 S 46 28′ E, 35.37′ to a point in said r/w line. Thence continuing with said r/w line S 43 42′ E, 114.67′ to a 5/8″ rebar (found) in said r/w line corner to 0.74 acre tract and 0.11 acre tract. Thence with same S 47 18′ E, 113.79′ to a point in said r/w line. Thence with same S 41 49′ E, 23.36′ to a point in said r/w line Thence with same S 20 19′ E, 28.51′ to a point in said r/w line Thence with same S 00 20′ W, 3.44′ to the place of beginning, containing 0.85 acres, more or less. Deed Reference: Tax Map 30, Tax Parcel’s 74.1 & 73.3, Harold K. & Ricky H. Fouty, Deed Book 2370 P 167and Deed Book 2380 P 125, Elk Dist., Kanawha Co. WV. For a more particular description see the map prepared by Wilkinson Surveying, LLC dated Dec. 7, 2015 and entitled “RETRACEMENT SURVEY PLAT FOR FIDELITY NATIONAL TITLE GROUP, CLAIM NO. 520149, BEING A 0.80 AC. TRACT, ON THE WATERS OF BLUE CK, ELK DIST., KANAWAHA CO, WV, SCALE 1″=40 “. Being the same property conveyed to Ricky H. Fouty and Harold K Fouty by the Deed dated July 19, 1995 and recorded in Deed Book 2370 at Page 167 in the Office of the Clerk of the County Commission of Kanawha County, West Virginia. 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 11-22-1. 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 said 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 within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale. WV Trustee Services, LLC, Substitute Trustee BY: Dionne Reynolds, Limited Signing Officer WV Trustee Services, LLC McGuire Office Center 618 Tenth Street, Suite 108 Huntington, WV 25701 (304) 853-3336 dionne.reynolds@ wvtrusteeservices.com LC-112987 07-08,15,22;2021