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 Credit Line Deed of Trust dated April 23, 2003, executed by Jason A. Cook and Tammy Cook to Jenny N. Phillips, Trustee, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Book 2972, at Page 833. 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 763. 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, AT1:30 O’CLOCK P.M. All that certain piece or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate on the waters of Browns Creek, Jefferson District, Kanawha County, West Virginia, and being more particularly bounded and described as follows: BEGINNING at a point in the middle of a 22′ private right of way; thence S 23 54′ 32″ E 20.65 feet to a #5 rebar; thence S 23 54′ 32″ E 91.44 feet to a #5 rebar; thence S 03 44′ 24″ W 144.15 feet to a #5 rebar; thence S 87 37′ 50″ W 170.75 feet to a #5 rebar; thence N 5 28′ 06″ W 283.62 feet to a #5 rebar; thence 30.33 feet to a point in the center of 22′ private right of way; thence with a tie line down the middle of said right of way S 79 50′ 30″ 164.18 feet to the place of beginning and containing 1.02 acres or 44,329.63 square feet, as set forth on that certain map made by Michael E. Mayes No. 1421, dated March 5, 2001, and entitled, “Plat Showing Survey of a 1.02 Acre Tract Being On the Waters of Brown Creek Situate in Jefferson District Kanawha County, West Virginia”.This is the same property conveyed unto Jason A. Cook and Tammy Cook by deed dated March 15, 2001, of record in the Clerk’s Office in Deed Book 2520, at Page 642. Tammy Cook died on December 27, 2017, and in accordance with the survivorship provision contained in that Deed, title vested solely in Jason A. Cook.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 $8,000.00 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-713625-28;6-4;2019