Legal 3 col x 13”
1001 1008
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 August 8, 2009, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Book 122, at Page 469 and under that Deed of Trust executed by you to Robert M. Fletcher, Trustee, dated August 8, 2009, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Book 122, at Page 476. Bailey & Slotnick, PLLC was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated August 24, 2020, of record in the Clerk’s Office in Book 35, at Page 626. The borrower defaulted under the Note and Deeds of Trust and the Trustee has been instructed to foreclose under the Deeds of Trust. Accordingly, the Trustee will sell the following described property to the highest bidder at the front door of the Courthouse of Clay County, in Clay, West Virginia, on:
THURSDAY, OCTOBER 15, 2020, AT 10:00 A.M.
All of the following lots, tracts or parcels of lane, together with improvements and appurtenances thereunto belonging, situate in Union District, Clay County, West Virginia, and further bounded and described:
TRACT ONE: Facing on the southerly line of West Virginia State Route 4 and extending from the
same in a southerly direction to Elk River, more particularly described as follows:
BEGINNING at an iron pin in the southerly line of West Virginia State Route 4, corner to property now
or formerly owned by Jack D. Edens and conveyed unto him by deed dated March 31, 1981, from
Clifford P. Edens and Ellen Edens, his wife, of record in the Office of the Clerk of the County
Commission of Clay County, West Virginia, in Deed Book 129, at page 235; thence leaving the southerly
line of said highway and running with the Edens property S. 2 E. 250 feet, more or less, to the low water
mark of Elk River at point where a water birch and cherry tree were called for; thence running up said
river .130 feet, more or less, to a point in property now or formerly owned by Garrett D. Samples and
Phyllis June Samples, his wife, and conveyed unto them by Ronald K. Saunders and Maxine Saunders,
his wife, by Deed dated July 20, 1983, and of record in said Clay County Clerk’s Office in Deed Book
135, at page 401; thence leaving the river and running in a northerly direction with the westerly line of
the said Samples property, a distance of 192 feet, more or less, to a point in the southerly fine of said
highway; thence leaving the Samples property and running with the southerly line of said highway in a
westerly direction a distance of 130 feet, more or less, to the place of beginning, containing ¾ acre, more
or less.
Being part of the same property conveyed to Allen Jones from Jack D. Edens, by deed dated August 8,
2009, of record in the Office of the Clerk of the County Commission of Clay County, West Virginia Deed
Book 205, at Page 141.
TRACT THREE: All that certain lot, tract or parcel of land, together with the improvements thereon
and the appurtenances thereunto belonging, situate on the North side of Elk River, bounded and
described as follows:
BEGINNING at an iron pin in the southerly line of West Virginia State Route 4, said beginning point
being also located at the northwest corner of a parcel of land now or formerly owned by A.O. Ratliff
and being the northeast corner of the original 1-1 / 8 acre tract conveyed unto John P. Coiner by Weldon
L. White and Ona Samples White, his wife, by deed dated the 25th day of May, 1939, and of record in
the Office of the Clerk of the County Court, Clay County, West Virginia, in Deed Book 43, at page 153;
thence leaving the southerly line of said W.V. State Route 4, and running with the common division line
between the John P. Coiner and A.O. Ratliff lands, S. 2° 00’ E. 249.76 feet to a wood stake at the low
water mark of Elk River; thence, down said Elk River S. 88° 42’ W. 90 feet to a wood stake at said low
water mark of Elk River; thence, leaving Elk River and running through said John P. Coiner 1-1/8
acre parcel, N 2° 00’ W. 246.91 feet to a wood stake in said southerly line of W.V. State Route 4; thence,
with the said southerly line of W.V. State Route 4, N 86’ 53’ E. 90 feet to the point of beginning,
containing 0.51 acre, more or less, said parcel herein conveyed is shown upon a map entitled “Map of
0.51 Acre Tract Located on Elk River and WV Route 4, Union District, Clay County, WV, Made for
James M. and Juanita B. Utt” dated July 25, 1964, made record in the aforesaid Clerk’s Office in Deed
Book 93, at page 278.
The conveyance of said Tract Three is made subject to the following covenant and restriction, which, by
accepting this deed, the party of the second part, for himself, his heirs, grantees, successors and assigns
agree to keep, observe and perform:
1. Any residence constructed on the property hereby conveyed shall cost not less than Five Thousand
Dollars ($5,000.00).
This conveyance is made subject to all outstanding interests in and to the oil, gas and other minerals
within and underlying said tracts land, and is further made subject to any and all easements or rights of
way of record.
Being part of the same property conveyed to Allen Jones from Jack D. Edens, by deed dated August 8,
2009, of record in the Office of the Clerk of the County Commission of Clay County, West Virginia Deed
Book 205, at Page 141. And being the same property conveyed to Allen Jones from Jack D. Edens, by
deed dated August 8, 2009, of record in the Office of the Clerk of the County Commission of Clay
County, West Virginia Deed Book 205, at Page 141.
EXCEPTED AND RESERVED:
TRACT TWO: BEGINNING a point in the northerly line of said highway N. 2 W. 30 feet more or less
from the beginning corner of Parcel No. Four; thence leaving said highway and running N. 2 W. 225
feet, more or less, to a point; thence N. 60 E. 544 feet, more or less, to a point; thence S. 2 E. 300 feet,
more or less, to a point in the northerly line of said highway; thence running with the northerly line of
said highway in a westerly direction 500 feet, more or less, to the place of beginning, and containing
3 acres, more or less.
Being the same property conveyed to Michael Smith and Carrie Smith from Allen Jones, by deed dated
June 14, 2010, of record in the Office of the Clerk of the County Commission of Clay County, West
Virginia Deed Book 213, at Page 246.
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 solo 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 $10,000.00 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 22nd day of September, 2020.
BAILEY & SLOTNICK, PLLC-TRUSTEE
By:
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