| 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, Pill & Pill, PLLC, by that certain Deed of Trust dated February 23, 2007, executed by Borrowers Clarence E. Oda and Lynda K. Oda, to Janet Phillips, the Trustee of record in the office of the Clerk of the County Commission of Kanawha County, West Virginia, in Book 3441, at Page 200. Pill & Pill, PLLC was appointed as Substitute Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated April 1, 2015, of record in the Clerk's Office in Book 4092, Page 911. The borrowers defaulted under the Note and Deed of Trust and the Substitute Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute 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 the following date: June 3, 2015 at 6:06 p.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 East Bank District, Kanawha County, West Virginia, and being more particularly described as follows:
BEGINNING at a point in the common line of Lots 1 and 2, William McConihay subdivision as shown on map recorded in the Office of the County Clerk of Kanawha County in Deed Book 1721 at Page 109, said point being located N. 34 00' W., 75.00 feet from the front common corner of said Lots 1 and 2, thence N. 34 00' W. 15.00 feet, running with said common line to a point in said common line, said point also being the southwestern corner of Parcel "A", thence N. 63 24' 14" E. 73.18 feet, leaving said common line and running with the line of Parcel "A" to a point in Lot 4, thence S. 32 00" E. 15.00 feet, leaving Parcel "A" and running through Lot 4 to a point, thence S. 63 27' 00" W. 72.66 feet, running through Lots 4, 3 and 2 to the point of beginning, containing 1,093.86 square feet, more or less, as set forth on that certain map entitled "Plat Showing Parcel "A" and Parcel "B", Part of Lots #2, #3 and #4, William McConihay Subdivision, For: William Andrew and Betty Jo Johnson, Seller: John C. Hackworth, Town of East Bank, Kanawha County, West Virginia, Scale 1" = 30', 04/20/95, prepared by Ralph Adkins Jr. LPS #897"
The parties of the first part further grand and convey to the parties of the second part, their heirs and assigns forever, a fifteen (15) foot easement, mutual ingress and egress, for the benefit and use of the owners of the property heretofore conveyed, and their heirs and assigns forever, with the right to enter thereon for the purpose of making repairs, with the cost of maintenance to be shared equally by the adjoining landowners and being more particularly described as follows:
BEGINNING at the rear common corner of Lots 3 and 4 of the William McConihay subdivision at East Bank as shown on Plat, thence, S. 63 14' 53" W. 20.08 Feet, Leaving said common corner running with the rear line of Lot #4 and #3 to a point in the rear line of Lot #3, thence, S. 12 00' 00" E. 67.33 feet, running through Lot #3 to the southerly line of new parcel "B" to a point 5.02 feet from the common side line of Lots #3 and #4, thence, N. 32 00' 00" W. 52.32 feet, running parallel to and 5.02 feet from the common line of Lots #3 and #4 to a point, thence, N. 63 14' 53" E. 5.02 feet, through lot #3 to 32 00' 00" W. 15.06 feet, running with the common line of Lots #3 and #4 to the point of beginning, as set forth on that certain map entitled "Plat Showing Parcel "a" and Parcel "B", Part of Lots #2, 3 and #4, William McConihay Subdivision, For: William Andrew and Betty Jo Johnson, Seller: John C. Hackworth, Town of East Bank, Kanawha County, West Virginia, Scale 1" = 30', 04/20/95, prepared by Ralph Adkins Jr. LPS #897."
Being the same property conveyed by fee simple deed from John C. Hackworth to Clarence E. Oda and Lynda K. Oda husband and wife, Joint Tenants, Date 02/06/1997 Recorded on 09/18/2000 in Book 2510, Page 83 in Kanawha County Records, State of WV. 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)Thec 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 by certified or cashier's check within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale by certified or cashier's check.
Pill & Pill, PLLC, Substitute Trustee
BY:Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402