Kanawha

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 March 3, 1987, executed by Clara S. Ballard to John C. Musgrave, Trustee, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Book 1838, at Page 160. Bailey & Slotnick, PLLC was appointed as Trustee by SUBSTITUTION OF TRUSTEE dated April 26, 2019, of record in the Clerk’s Office in Book 4361, at Page 759. The borrowers 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:WEDNESDAY,JUNE 5, 2019, AT1:00 O’CLOCK P.M. All that certain piece or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate on Rock Fork of Poca River, in Union District, Kanawha County, West Virginia, and being more particularly designated and described as follows;Lot “J” of Chaweva Heights as shown upon a Plat of said Chaweva Heights bearing dated November, 1947, made by Valley Engineering Company of Charleston, West Virginia, said Map being of record in the Office of the Clerk Of the County Commission of Kanawha County, West Virginia, in Photostatic Map Book 9, at Page 93.Being the same property conveyed unto Clara S. Ballard from Charles G. Martin and Kathy B. Martin, by Deed dated March 3, 1987, of record in the Clerk’s Office in Deed Book 2153, at Page 452.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) Real estate taxes due and payable have been paid. All real estate taxes hereafter will be the responsibility of the purchaser. 4) 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. 5) 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.6) 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.7) 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 a minimum deposit of $4,200.00 payable to the Trustee by cashier’s check, cash or money order at the time and place of the sale. There will be no refund granted of any amount if the third party purchaser elects not to purchase the property for any reason.8) For more information on this property, please see listing on the PROPERTIES FOR SALE WEBSITE: https://properties.sc.egov.usda.gov/resales/public/home.Given under my hand this 14th day of May, 2019.BAILEY & SLOTNICK, PLLC-TRUSTEEBy:Marc J. Slotnick,Member500 Virginia Street East, Suite 600Charleston, West Virginia 25301Phone: 304) 346 1800WV State Bar No.5956LC-713655-28;6-4;2019