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NOTICE OF
TRUSTEE'S SALE

NOTICE OF TRUSTEE'S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, WV Trustee Services, LLC, by that certain Deed of Trust dated January 24, 2005, executed by Borrower(s), Earl Andy Malinoski and Susan Lee Malinoski, to West Virginia Bankers Title, LLC, the Trustee of record in the office of the Clerk of the County Commission of Kanawha County, West Virginia, in Book 3213, at Page 719. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 609 Fort Hill Drive, Charleston, WV 25314. WV Trustee Services, LLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated October 5, 2017, of record in the Clerk's Office in Book 4268, Page 94. The borrower(s) defaulted under the Note and Deed of Trust and the Substitute Trustees have been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustees 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 the following date:
18th day of January, 2018 at 10:00 a.m.

The property is described as of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in Charleston District, Kanawha County, West Virginia, and being more particularly described as follows:

All that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in Fort Hill Addition, in the City of Charleston, Kanawha County, West Virginia, the same being more particularly described as follows:

Beginning at a railroad spike in blacktop pavement located in the northwesterly line of Fort Hill Drive, said point being located 20 feet from the front common corner to Lots Nos. 60 and 61 of Fort Hill Addition as shown upon that certain map recorded in the Office of the Clerk of the County Commission of Kanawha county, West Virginia, in Map Book 9, at page 76, and running thence from said beginning point with the northwesterly line of Fort Hill Drive with parts of the front lot lines of Lots Nos. 61 and 62 S. 33 degrees 30' W. passing the front common corner of Lots Nos. 61 and 62 at 20.00 feet and continuing on the same straight line in all a distance of 50.00 feet to an old iron pin (found) by power pole, said point begin located ten (10) feet northeast of the common front corner of Lots Nos. 62 and 63 of said Fort Hill Addition; thence leaving said northwesterly line of Fort Hill Drive and running with line through said Lot No. 62 and ten (10) feet northeast of the common division line between lots 62 and 63 N. 68 degrees 11' 50" W., 120.83 feet to an iron pin (set) in the southeasterly line of Fair View Avenue (unimproved) ten (10) feet northeasterly of the common rear corner to lots Nos. 62 and 63; thence running with the southeasterly lots Nos. 62 and 63; thence running with the southeasterly line of Fair View Drive with a part of Lots Nos. 61 and 62 N. 33 degrees 28' 42" E., 50.00 feet to an old 1/2-inch iron pin (found) 20 feet from the common rear corner to Lots Nos. 60 and 61 of said Fort Hill Addition; thence leaving said line of Fair View Avenue and running with a line through said Lot No. 61 S. 68 degrees 11' 30" E., 120.84 feet to the place of beginning, containing 5,917.42 square feet, more or less according to a survey made on the ground by Field Surveying Co., Inc., of Charleston, West Virginia, a copy of which is recorded in the aforesaid Clerk's Office in Deed Book 2207, at page 334; and being all of the same property conveyed unto the party of the first part herein by Sarah Stump Kolb and Fredrick G. Kolb, by deed dated February 1, 2001, and recorded in the aforesaid Clerk's Office in Deed Book 2518, at page 799; to which map and deed reference is here made for a more particularly description of the property herein conveyed.

Map No. 17/18
Commonly known as: 609 Fort Hill Drive, Charleston, WV 25314

Being the same property conveyed to Earl Andy Malinoski and Susan Lee Malinoski, by the Deed dated January 24, 2005 and recorded in Deed Book 2535 at Page 978 in the Office of the Clerk of the County Commission of Kanawha County, West Virginia.

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 § 11-22-1.
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 said 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 within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale.

WV Trustee Services, LLC, Substitute Trustee

BY:

WV Trustee Services, LLC
McGuire Office Center
618 Tenth Street
Suite 108
Huntington, WV 25701
(304) 853-3336

(672139)


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