TRUSTEES’ SALE OF VALUABLE REAL ESTATE 1120 Upper Vine Street, Charleston, WV 25302 In a Deed of Trust dated January 25, 2010, and duly recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed of Trust Book 3706, at page 592 Della Via did convey unto Placer Title Company, 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: March 23, 2022 At 11:00 AM The property for sale as described by the Deed of Trust is as follows: Situate in the County of Kanawha, State of West Virginia: Tract One: Being all of that certain lot or parcel of land in the Holly Hunt Addition to the City of Charleston at or near the intersection of Upper Vine Street and Gap Road, and more perfectly described as follows: BEGINNING at a point in the northerly line of Upper Vine Street 64 feet from a stake at the westerly corner of Lot Number 17, being at the intersection of the northerly line of Upper Vine Street and easterly line of Gap Road, thence in a northerly direction and on a line parallel with the easterly line of Gap Road 100 feet to a stake situated in Lot Number 18 at a point 64 feet from the easterly line of said Gap Road and 35 feet, in a northerly direction from the dividing line between Lot 17 and Lot 18; thence proceeding in an easterly direction and a parallel with the northerly line of said Upper Vine Street, thence in a southerly direction and parallel with the first line described. 100 feet to a stake in the northerly line of Upper Vine Street to a point 96 feet from the beginning and being composed of parts of Lots 17 and 18 of said addition. Tract Two: Being part of Lots 17 and 18 of the Holley Hunt Heights Addition to the City of Charleston, Kanawha County, West Virginia as shown on the map of said Addition on record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, and described as follows, to-wit: BEGINNING at a stake Ninety-Six (96) feet in an easterly direction from the intersection of Upper Vine Street with Gap Road, said stake being in the northerly line of Upper Vine Street; thence running at right angles with Upper Vine Street and with the easterly line of a lot conveyed by Nellie B. Rhodes, widow, to M.E. Gandee, by deed bearing date of August 27, 1926, in a northerly direction to a stake in the dividing line between the lots Nos. 18 and 19, a distance of Fifty (50) feet to a stake in the westerly line of a plat marked on said map “Addition”; thence running in a southerly direction at right angles with Upper Vine Street, a distance of One Hundred Thirty (130) feet to a stake in the northern line of Vine Street; thence running in a westerly direction with the northern line of Vine Street a distance of Fifty (50) feet to the place of beginning; and being the easterly Fifty (50) feet of Lots Nos. 17 and 18 of said addition. Tax ID No: 37931 & 37932 & 37933 & 37934 & 37935 And more commonly known as 1120 Upper Vine Street, Charleston, WV 25302 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 ($2,500.00), 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 $7000.00 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 www.sterneisenberg. com LC-123003 01-19,26;2022
