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(s) by that certain Credit Line Deed of Trust dated June 26, 2012, executed by Paul J. Kudlak to Elmer Earl Bowser, Jr., Trustee, of record in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Book 1438, at Page 772. Bailey & Slotnick, PLLC was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated May 2, 2019, of record in the Clerk’s Office in Book 1581, at Page 729. 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 Ohio County, in Wheeling, on:
WEDNESDAY,
JULY 3, 2019, AT
10:00 O’CLOCK A.M.
All those certain lots or parcels of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in Wheeling District, Ohio County, West Virginia, more particularly bounded and described as follows:
Lots Numbered Fifteen (15) and Sixteen (16) as designated on the map of the plat of lots, streets and alleys known as Glennova, which said map is of record in Plat Book No. 1, at Page 71, of the records in the Office of the Clerk of the County Court of Ohio County, West Virginia.
The coal underlying said property, together with the mining rights and privileges are excepted and reserved, and not hereby conveyed.
This conveyance is subject to the covenants, restrictions and conditions pertaining to the prohibition of the selling of intoxicating liquors on said promises, and the building restrictions contained in the deed of W. E. Stone, Executor of the estate of J. T. Stone, deceased, to Fred Dawson, widower, bearing date the 23rd day of July, 1924, and of record in Deed Book No. 195, at Page 434, in the aforesaid Clerk’s office, and also subject to the covenants, provisions, agreements and restrictions mentioned in the deed of the Wheeling Improvement Company to W. L. Wells, dated October 16, 1902, and of record in the aforesaid Clerk’s office in Deed Book No. 110, at Page 86.
Being the same property conveyed to Paul J. Kudlak by Deed from Belinda L. Dietrich, William E. Gibson, Cheryl Ann Bethel and David T. Gibson, dated July 23, 2010, and recorded in the aforesaid Clerk’s Office in Deed Book 804 on Page 686.
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 Section 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 the equivalent within thirty (30) days of the date of sale, with a minimum deposit of $4,000.00 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.
Given under my hand this 10th day of June, 2019.
BAILEY & SLOTNICK, PLLC-TRUSTEE
By:
Marc J. Slotnick, Member
500 Virginia Street East, Suite 600
Charleston, West Virginia 25301
Phone: (304) 346-1800
WV State Bar No. 5956
N.R. June. 25. July 2, 2019