| NOTICE OF |
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 June 15, 2004, executed by the Borrowers, Carrie S. Long and James D. Long, to Edward C. Goldberg, the Trustee, of record in the office of the Clerk of the County Commission of Kanawha County, West Virginia, in Book 3146, at Page 925. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 721 Mayflower Drive, Charleston, WV 25311. Pill & Pill, PLLC was appointed as the Substitute Trustee by an APPOINTMENT OF SUCCESSOR TRUSTEE dated April 4, 2016, of record in the Clerk's Office in Book 4181, at Page 409. 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: September 21, 2016
at 5:45 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 Charleston North District, Kanawha County, West Virginia, and being more particularly described as follows:
All those certain lots or parcels of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in City of Charleston, Charleston North District, Kanawha County, West Virginia, being all of Lot No. 127 and part of Lot No. 129 of Section 2 of Shadowlawn Addition, adjacent to the City of Charleston, West Virginia, as shown and designated on a map of said addition made by John W. Child, Engineer, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in. Map Book 9, at page 97.
And being the same property conveyed unto James D. Long and Carrie S. Long, husband and wife, by James. V. Long, Jr., Dianne L. Long and James D. Long by deed dated June 15, 2004 and to be recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, simultaneously herewith as part of this transaction.
There is excepted and reserved from this conveyance that portion of Lot No. 129, Section 2 of Shadowlawn Addition which was conveyed by John S. Lacaria and Ann C. Lacaria, his wife, to Thomas A. Lacaria and Frances Lacaria by Deed dated May 13, 1950 and of record in the said Clerk's Office in Deed Book 918, at page 317, which property is described as follows:
BEGINNING at the S. E. corner of Lot No. 129, corner to Lot No. 130, as laid out on said map, thence N. 18° 33' E. 92.5 feet with the line of said Lot No. 130, to the corner of Lots Nos. 128, 129, 130 and 131; thence N. 56° 12' W. 49.35 feet with the line of Lot No. 128 to a stake on said line, which stake is 20 feet from the corner of Lots Nos. 126, 127, 128 and 129; thence a straight line in a S. W. direction to a stake on the line of Lot No. 129 and Mayflower Drive, which said stake is 10 feet (along a continuation of said line) from the corner of Lots Nos. 127 and 129; thence S. 67° 47' E. to the beginning, a distance of 64 feet.
This conveyance is made subject to all the restrictions, reservations and conditions contained in that certain deed made by General Realty Company, a corporation, to R. and W. Company, a corporation, dated September 22, 1949, and of record in the said Clerk's Office in Deed Book 889, at page 123, which are hereby made covenants running with the land.
Being the same property conveyed to Carrie S. Long and James D. Long, by the Deed dated June 15, 2004 and recorded in Deed Book 2605, at Page 976, 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.
Pill & Pill, PLLC,
BY:Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402