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 June 27, 2019, executed by Jeffrey E. Houston to Kenneth Price, Trustee, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Book 4369, at Page 760. Bailey & Slotnick, PLLC was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated June 28, 2021, of record in the Clerk’s Office in Book 4522, at Page 822. 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, AUGUST 12, 2021, AT 10:00 A.M. All those certain tracts or parcels of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in Jefferson District, Kanawha County, West Virginia, and being more particularly described as follows. PARCEL NO. ONE: All that certain tract or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in Jefferson District, Kanawha County, West Virginia, and being more particularly described as follows: BEGINNING at a 3/4 inch rebar, the right of way line of Pike Street and Coal River Road, and being the northwest corner to Lot 13; thence with the southern right of way line of Coal River Road, N. 63 01′ 16″ E. 102.97 feet to a 3/4 inch rebar in the northern line of Lot 11; thence dividing Lot 11, S. 14 02 23″ E. 86.3 feet to a 3/4 inch rebar near the north right of way line of 10 foot alley; thence S. 22 43′ 16″ W. 66.23 feet to a 3/4 inch rebar; thence through Lot 16, 15 & 14, S. 87 18′ 59″ W. 94.52 feet to a 3/4 inch rebar in the east right of way line of Pike Street and in the western line of Lot 14; thence with said right of way line, N. 4 04′ E. 102.81 feet to the place of beginning, containing 13,072 square feet and being Lot A on map entitled, “Plat Showing the Division of Lots 11, 12, 13, 14, 15, 16 and 17 of Carolina Heights”, as surveyed by Casto Consulting, P. O. Box 145, St. Albans, West Virginia 25177, dated May 7, 1998. There is hereby excepted and reserved from the above-referenced property all that part of said Lots 11, 12 and 13 which has heretofore been condemned and acquired by the County Commission of Kanawha County for road purposes. The property is subject to any reservations and rights of way described in a deed from Paul Zeller and Mary Zeller, his wife, to Salisbury Realty & Insurance Company, dated December 7, 1917, and of record in said Clerk’s Office in Deed Book 180, at page 257. PARCEL NO. TWO: All that certain tract or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in Jefferson District, Kanawha County, West Virginia, and being part of a ten (10) foot wide alley separating Lots 8-13 from Lots 14-20 of Carolina Heights Subdivision bounded on the west by Valley Street and on the east by James Street, as shown in Map Book 3, at Page 99, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, and more particularly described as follows: BEGINNING (P.O.B.) at a point in the southerly line of Larue Causey (Deed Book 2565 at Page 594, Tax Parcel 141 of Tax Map 6C in Tax District 16) at its intersection with a northerly line of a 10-foot wide alley and the easterly line of Valley Street and from which a 3/4 inch rebar found marking the northwesterly corner of said Causey at its intersection with a southerly line of Coal River Road bears N. 04 24′ 53″ E. a distance of 63.00 feet; thence leaving said Valley Street and with the common division line between said alley and Causey, N. 80 41′ 17″ E. a distance of 111.89 feet to a point in said alley and in the common division line between said Causey and Jeffery A. and Teresa G. Harris (Deed Book 2588 at Page 548, Tax Parcel 142 of Tax Map 6C in Tax District 16) and from which a 3/4 inch rebar found marking a common corner between said Causey and Harris bears N. 22 59′ 52″ E. a distance of 2.66 feet; thence crossing said alley, S. 22 59′ 52″ W. a distance of 11.83 feet to a point in the southerly line of said alley and in a common division line between said Causey and Harris and from which a 3/4 inch rebar found marking a common corner between said Causey and Harris bears S. 22 59′ 52″ W. a distance of 61.50 feet; thence with said alley and Harris, S. 80 41′ 17″ W. a distance of 108.81 feet to a point marking the intersection of said alley with Valley Street; thence, N. 04 24′ 53″ E. a distance of 10.29 feet to the POINT OF BEGINNING (P.O.B.), containing 1,099.5 square feet, and being Tract 1 as shown on a plat entitled, “PLAT OF SURVEY SHOWING 10′ ALLEY TO BE ABANDONED AND SUBDIVIDED FOR DISTRIBUTION BACK TO ADJOINING LAND OWNERS”, dated January 7, 2019, as surveyed by Jason E. Brown, WV Professional Surveyor No. 2188. Being part of a 10′ wide alley abandoned by the County Commission of Kanawha County, West Virginia, by Order No. 2019-146, dated March 21, 2019, a copy of which is recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 3026, at page 842. Being the same property conveyed unto Jeffery E. Houston by Bryan Robert Causey, Thomas Williamson and Cheryl Causey, by deed dated June 27, 2019, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Book 3040, at Page 430. 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 19th day of July, 2021. Marc J. Slotnick, Member Bailey & Slotnick, PLLC 500 Virginia Street East, Suite 600 Charleston, West Virginia 25301 Phone: (304) 346-1800 WV State Bar No. 5956 LC-113854 08-04,11;2021