| NOTICE OF|
Notice is hereby given, by virtue of the authority vested in the undersigned Successor Trustees, James W. Lane, Jr. and Bradford P. Bury, by that certain Deed of Trust made by Michelle R. Wilson, dated September 17, 2008 and recorded September 18, 2008 in the office of the Clerk of the County Commission of Kanawha County, West Virginia in Trust Deed Book 3597 at page 489, the said Successor Trustees acting by virtue of that certain Appointment of Successor Trustee dated February 17, 2017 and recorded February 27, 2017 in the aforesaid Clerk's office in Trust Deed Book 4225, at page 657, and default having been made in the payment of the Note secured by the aforesaid Deed of Trust, and having been requested in writing by the owner and holder of the Note, will offer for sale, at public auction, to the highest bidder at the property, 5671 Sissonville Drive, Charleston, West Virginia, 25312, on April 20, 2017 at 12:15 p.m., all that certain lot, piece or parcel of real property, together with improvements thereon, situate in Charleston, Union District, Kanawha County, West Virginia, being more particularly bounded and described as follows:
All those certain lots or parcels of land, together with the improvements thereon and the appurtenances thereunto belonging, situate on the waters of Tuppers Creek, Union District, Kanawha County, West Virginia, and being more particularly bounded and described as follows:
PARCEL NO. 1: BEGINNING at an iron pin which marks the northeasterly corner of Parcel "A" as shown on the partition mao of the J.L. Payne Estate, made by J.H. High, C.E., and dated July, 1947, and of record in the office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 848, at page 342; thence with the northerly line of a 25 foot roadway, S. 23° 55' W. 44 feet, more or less, to an iron pin; thence leaving said roadway, N. 56° 19' W. 81 feet, more or less, to an iron pin; thence N. 33° 28' E. 25.2 feet to an iron pin in the northeasterly line of said Parcel "A", thence with said northeasterly line, S. 65° 29' E. 75 feet, more or less, to the place of beginning;
PARCEL NO. 2: BEGINNING at an old pipe corner to William C. Whittington lot; thence running with on line call reverse N. 23° 55' E. 44 feet to a pipe; thence running S. 65° 29' E. 55 feet to a point in the easterly right of way line of U.S. Route 21; thence running with said right of way line S. 21° 55' W. 44 feet to a point in the said right of way line; thence leaving the same and running N. 65° 29' W. 55 feet to the place of beginning as shown upon a map entitled "Property Owned by Lemuel A. Whittington and William C. Whittington, Union District, Kanawha County, West Virginia, dated October 24, 1961, by P. H. Hackney", and of record in the aforesaid Clerk's office in Deed Book 1373, at page 274;
and being the same property conveyed to Michelle R. Wilson, from Pittman Snax Sales, Inc., a West Virginia corporation, by deed of even date and to be recorded concurrently herewith.
The subject property is made subject to that certain restriction set forth in that certain deed dated November 4, 1961, from Lemuel A. Whittington and Juanita Whittington, his wife, to O. V. Slater, of record in the said Clerk's office in deed Book 1373, at page 273, wherein that no building or other structure shall be placed or erected on said lot or parcel of land closer than twenty-five (25) feet from the right of way line of U.S. Route 21 to which lot or parcel of land adjoins or abuts.
At the time of execution of the deed of trust, the grantor represented that the address of the property was 5671 Sissonville Drive, Charleston, WV 25312.
Joe R. Pyle Auction Service will assist with the sale. Pursuant to the Deed of Trust, the Substitute Trustee may act by agent in the execution of the sale. Any sale hereunder may be adjourned from time to time without notice other than oral proclamation at the time and place appointed for the sale. The Substitute Trustee reserves the right to reject any or all bids. The party secured by the Deed of Trust reserve the right to purchase the property at such sale.
TERMS OF SALE: Ten percent (10%) of the sales price shall be paid by cash, cashier's check, or check guaranteed by bank letter of credit in acceptable form, in hand on the day of sale (the "Good Faith Deposit"), with the balance to be paid in cash at closing within 30 days after the date of sale. The Premises will be sold "AS IS, WHERE IS," in its present condition and with all faults and defects, if any. The Premises will be conveyed by deed with no covenants of warranty of title. The Premises shall be sold subject to all liens not discharged by the sale, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges and liens with priority to the Deed of Trust pursuant to which this sale is being conducted. The Premises shall be sold subject to all covenants, restrictions, easements, rights of way and reservations which may be a matter of record in the aforesaid Clerk's office or visible upon the ground. The purchasers at the sale shall be responsible for paying the recording costs and also the tax on the privilege of transferring real property (the cost of the tax stamps to be affixed to the deed). The Successor Trustees and WesBanco Bank, Inc. shall not be responsible for the removal of any person or personal property from the Premises.
Additional terms and conditions shall be announced at the sale.
In the event that there are federal tax liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer.
Dated: March 13, 2017
James W. Lane, Jr., Esq.
Bradford P. Bury, Esq., M.B.A.
200 Capitol Street
Charleston, WV 25301