| 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 Trustees, Richard A. Pill, David D. Pill, and Amanda E. Steiner, any of whom may act, by that certain Deed of Trust dated January 30, 1995, executed by Borrowers, Joseph a. Baber and Marquetta A. Baber, to John Ballengee, the Trustee of record in the office of the Clerk of the County Commission of Kanawha County, West Virginia, in Book 2212, at Page 102. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 122 Ruthlawn Dr, S Charleston, WV 25309. Richard A. Pill, David D. Pill, and Amanda E. Steiner were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated November 30, 2012, of record in the Clerk`s Office in Book 3920 at Page 692. The borrower 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: WEDNESDAY, SEPTEMBER 10, 2014, AT 5:33 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 District, Kanawha County, West Virginia, and being more particularly described as follows:
All that Certain tract or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, as shown upon a map. entitled "Survey or Edwin C. Hess, Parcels 'A' and 'B' out of 4.33 acres part of; the Herman Lude Tract on the waters of Trace Pork of Davis Creek, Jefferson District, Kanawha County, West Virginia, Scale 1" = 50', Wm D Mason RPE, CE4280, April 26, 1976", and being Parcel "A", as shown on said map and bounded and described as follows:
BEGINNING at a point at the intersection of the northern line of Marvin M. May and the northern line of Marie K. Daugherty; thence running N. 76° 34.5' E. 255.33 feet to a point of intersection of the northern line of the said Marie K. Daugherty and the southerly line of Parcel B; thence running with the line of Parcel B., N. 61° 09' W 281.81 feet to a point; thence with the said dividing line with Parcel B, N 75° 27' W 119.82 feet to a point; thence S. 35° 54' W. 24.58 feet to a point; thence S 42° 20 W 25 feet to a point in the northern line of the land of Marvin H. May; thence S. 37° 53' E. 237 feet to the point of beginning, and containing 0.95 acres, more or less.
For the same consideration aforesaid, the parties of the first part do hereby GRANT and CONVEY unto the parties of the second part, as joint tenants with the right of survivorship and not as tenants in common, that certain Perpetual Right of Way and Easement for the purpose of ingress and egress over that certain parcel of land situate on the water of Trace Fork of Davis Creek, Jefferson District, Kanawha County, West Virginia, being part of the Herman Lude Tract, containing 917.50 square feet, as the same is shown on that certain map entitled "Plat Showing Survey of 917.50 Sq. Ft. Parcel of Land. for Carlan G & Elizabeth A. Jacobs, Being Part of Parcel 'B' of the Herman Lude Tract situate on the Waters of Trace Fork of Davis Creek, Jefferson District, Kanawha County, West Virginia, Date: February 25, 1983, Scale: 1" 20' ", made by Donald E. Bailey, Jr., West Virginia P.E. No. 0821, which map is attached to that certain deed dated March 14, 1983,. it which said right of way was conveyed to Carlan G. Jacobs and Elizabeth A. Jacobs, his wife, by Leonard F. Jacobs and Linda L. Jacobs, his wife, and which deed is of record in the aforesaid Clerk's Office in Deed Book 2029 at page 694 This conveyance of right of way is made subject to the reservations, covenants and agreements contained in said deed dated March 14, 1903.
And being the same property conveyed unto Jonathan D. Tunnell and Rhonda R. Tunnell, his wife, by 'Thomas J. Lukish, Jr. and. Kristena A. Lukish, his wife, by deed dated June 18, 1993, of record in the office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 2318, at page 28; and also being the same property conveyed unto Joseph A. Baber and Marquetta A. Baber, his wife, by Jonathan D. Tunnell and Rhonda R. TunneIl his wife, by deed dated January 27, 1995, and recorded in Deed Book 2356 at page 438 in the aforesaid Clerk's Office.
This conveyance is made subject to any and all covenants, restrictions, and easements as the same may appear in instruments of record in the aforesaid Clerk's Office.
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 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.
Given under my hand this 13th day of September, 2014.
Richard A. Pill, Substitute Trustee
David D. Pill, Substitute Trustee
Amanda E. Steiner, Substitute Trustee
85 Aikens Center
Martinsburg, WV 25402