| NOTICE OF SUCCESSOR TRUSTEE'S SALE|
Notice is hereby given, by virtue of the authority vested in the undersigned Successor Trustees, Eric M. Johnson and R. Douglas Calderwood, by that certain Deed of Trust made by Karen L. Burgess, dated April 12, 2016 and recorded April 22, 2016 in the office of the Clerk of the County Commission of Kanawha County, West Virginia in Trust Deed Book 4165 at page 463, the said Successor Trustees acting by virtue of that certain Appointment of Successor Trustee dated April 23, 2019 and recorded April 25, 2019 in the aforesaid Clerk's office in Trust Deed Book 4359, at page 371, 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 June 4, 2019 at 1:00 p.m., all that certain lot, piece or parcel of real property, together with improvements thereon, situate in Charleston, Fifteenth Ward District, Kanawha County, West Virginia, being more particularly bounded and described as follows:
All that certain lot, piece or parcel of real estate, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate in the Fifteenth Ward to the City of Charleston, Fifteenth Ward Tax District (formerly Loudon District), Kanawha County, West Virginia, bounded and described as follows:
BEGINNING at an iron pin in the division line between Lots Nos. 2 and 3 of the Wesley Morrison Subdivision as shown and designated on a map made by the Hogue Engineering Association, dated August, 1915, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 153, at page 431; said iron pin is located S. 62° 40' E. 58 feet from the common western corner to Lots Nos. 2 and 3 of said Morrison Subdivision; thence leaving the division line between said Lots Nos. 2 and 3 and running across said Lot No. 3, S. 27° 00' W. passing an iron pin at the northwestern corner of a four-foot walkway at 4 feet, in all, on same course, 59.6 feet to an iron pin in the division line between Lots Nos. 3 and 4 of said Morrison Subdivision and being the common southern corner to Lots Nos. 1 and 2 of the division of said Lot No. 3; thence running with the division line between Lots Nos. 3 and 4, N. 58° 36' W. 65.6 feet to an iron pin at the common western corner to said Lots Nos. 3 and 4 and in the eastern line of a sixteen foot street or right of way; thence leaving said Lot No. 4 and with the eastern line of said sixteen foot street N. 44° 30' E. 58 feet to an iron pin at the common western corner of Lots Nos. 2 and 3 of said Morrison Subdivision; thence leaving said sixteen foot street and with the division line between said Lots Nos. 2 and 3, S. 62° 40 E. 58 feet to the place of beginning; said party of the first part also conveys unto the party of the second part the rights of ingress and egress to and from said above described lot to and from Bridge Road over a walkway four feet in width and extending over Lot No. 3 of the Wesley Morrison Addition along the easterly line of said lot from said Bridge Road to the property hereby conveyed, which subdivision of Lot No. 3 of said Wesley Morrison Addition and said walkway are shown on a map or plat prepared by J. D. Moore, C.E., December, 1943, duly of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia;
and being the same property that was conveyed unto King J. Mitchell and Margaret M. Mitchell, his wife, as joint tenants with right of survivorship, by deed dated August 6, 1949, from Lula R. James and Edward O. James, her husband, of record in the aforesaid Clerk's Office in Deed Book 883, at page 37. The said King J. Mitchell died intestate in Kanawha County, West Virginia, on September 7, 1952, and by the survivorship clause in the above-mentioned deed of conveyance, the property is solely vested n the name of Margaret Mitchell Kelly the party of the first part herein. Reference is here made to said map and deed for a more particular description of the property herein conveyed.
At the time of execution of the deed of trust, the grantor represented that the address of the property was 1227 ½ Bridge Road, Charleston, WV 25314.
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 property will be conveyed by deed with no covenants of warranty of title. The property 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 property 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 property 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.
Eric M. Johnson, Esq.
R. Douglas Calderwood
200 Capitol Street
Charleston, WV 25301