| 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 Bobby W. Massengill and Patricia T. Massengill, dated December 3, 2002 and recorded December 20, 2002 in the office of the Clerk of the County Commission of Kanawha County, West Virginia in Trust Deed Book 2921 at page 400, the said Successor Trustees acting by virtue of that certain Appointment of Successor Trustee dated June 22, 2016 and recorded June 27, 2016 in the aforesaid Clerk's office in Trust Deed Book 4178, at page 397, 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 front door of the Courthouse of Kanawha County, West Virginia, on August 11, 2016 at 9:00 a.m., all that certain lot, piece or parcel of real property, together with improvements thereon, situate in Cross Lanes, Union District, Kanawha County, West Virginia, being more particularly bounded and described as follows:
Parcel No. One: All that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate near Cross Lanes in Union District, Kanawha County, WV, being all of Lot No. 20, Section 1, as shown on a map of the same entitled "W.E. and F. G. Brick Subdivision of part of the D.P. Brick Estate Subdivision of Tract No. 1, and part of Tract No. 3, Cross Lanes, West Virginia"; dated December 31, 1954, revised August 20, 1955, made by J. H. Milam, Consulting Engineer, and of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Map Book 19, page 189, designated as Parcel No. 1.
Parcel No. Two: All that certain lot, piece or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, being a part of the W.E. and F.G. Brick Subdivision at Cross Lanes in Union District, Kanawha County, West Virginia, more particularly bounded and described as follows, to-wit:
BEGINNING at a pipe in the northerly line of Lot Number 20, Section 1, of the map entitled "W.E. and F.G. Brick Subdivision of Part of the D.P. Brick Estate Subdivision of Tract Number 1 and part of Tract Number 3, Cross Lanes, West Virginia"; dated December 31, 1954, and revised August 20, 1965; prepared by J.H. Milam, Consulting Engineer; said map is of record in the aforesaid Clerk's Office in Map Book 19, at page 149; said pipe is at the intersection of said line of the easterly line of the property conveyed to Cecil E. Dye and wife, by Robert Stuart Young, Sr. and wife, by deed dated the 15th day of April, 1968, and of record in the aforesaid Clerk's Office in Deed Book 1519, at page 79. Said beginning corner is S. 89° 25' W. 18.27 feet from an iron pin, at the common corner of Lot Number 20 and Lot Number 25 of the above described Brick Subdivision; thence with the northerly line of the aforesaid Lot 20 and the southerly line of the said parcel owned by Dye, S. 89° 25' W. 94.13 feet to a notch in the easterly side of a turn-around on Longview Drive in said Brick Subdivision; thence running through the above referred to Dye parcel, N. 81° 36' E. 95.6 feet to an iron pin in the easterly line of said Dye parcel; thence with said easterly line of said Dye parcel S. 5° 49' W. 13.3 feet to the place of beginning.
The property hereby conveyed is all the same property conveyed to the parties of the first part herein by Anita C. Douglas, widow, by deed dated July 31, 1972, of record in said Clerk's Office in Deed Book 1663, at page 183.
At the time of execution of the deed of trust, the grantor represented that the address of the property was 5438 Longview Drive, Cross Lanes, WV 25313.
TERMS 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 Premises will be sold for cash in hand on the date of sale to the highest bidder. 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 City National Bank of West Virginia shall not be responsible for the removal of any person or personal property from the Premises.
Pursuant to the Deed of Trust, the Successor Trustees may postpone the sale by public announcement at the time and place designated and act by agent in the execution of the sale. The parties secured by the Deed of Trust reserve the right to purchase the Premises at such sale.
James W. Lane, Jr., Esq.
Bradford P. Bury, Esq.,
200 Capitol Street
Charleston, WV 25301