| NOTICE OF |
NOTICE OF TRUSTEE'S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, WV Trustee Services, LLC, by that certain Deed of Trust dated October 14, 2014, executed by Borrower(s), Kimberley P. Mimms, to Bailey, Joseph & Slotnick, the Trustee of record in the office of the Clerk of the County Commission of Kanawha County, West Virginia, in Book 4060, at Page 637. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 908 Pine Rd, Charleston, WV 25314. WV Trustee Services, LLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated January 25, 2019, of record in the Clerk's Office in Book 4347, Page 167. The borrower(s) 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: 28th day of March, 2019 at 10:00 a.m.
All that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in the City of Charleston, Fifteenth Ward District, Kanawha County, West Virginia, on the south side of Kanawha River, and being more particularly bounded and described as follows:
PARCEL I: Being a part of Lots No. 3 and 4 of the South Charleston Addition to the City of Charleston, as shown and designated upon a map made by W. D. Sell, more particularly bounded and described as follows:
BEGINNING at a point on the east line of Pine Avenue one foot south of the common corner of Lots 3 and 4, Block 25, South Charleston Improvement Company Addition, which said point is distant (measured along the curb of the paving of said Pine Avenue) 243 feet northerly from the intersection of the east curb of Pine Avenue and the north curb of Walnut Avenue; thence S. 64° 10' E. 112 feet, running parallel with, and one foot southerly from the common line of said Lots 3 and 4, to a point one foot south of said common line; thence N. 34°45' E. 37-1/2 feet (crossing said common line at one foot) to a point; thence N. 64° 10' W. 119 feet to a point in the east line of Pine Avenue, and with the same S. 24° 10' W. 37-1/2 feet to the beginning.
PARCEL II: Fronting 36-1/2 feet, more or less, on Pine Avenue in said City of Charleston, and lying on the eastern side of said street, and being part of Lot No 4 of Block 25 of the South Charleston Improvement Company and more particularly bounded as follows:
BEGINNING at a point on the eastern side of Pine Avenue at the northwest comer of Lot No.4 of Block 25 of the South Charleston Improvement Company; thence in an easterly direction, following the northern boundary line of the lot heretofore conveyed to Lewis Nearman and Julia Neannan by J. E. Spencer and wife, by deed dated January 27, 1923, and of record in the office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 249, at page 464, 127 feet, more or less, to the northeast corner of said lot so conveyed to said Nearmans by the said Spencer and wife; thence in a southerly direction following the eastern boundary line of said lot so conveyed to said Nearmans by said J. E. Spencer and wife; as aforesaid, 36-1/2 feet, more or less, to the northeastern corner of the lot heretofore conveyed by said Normans to L.J. Urwin and Mabel Urwin, by deed dated October 4, 1923, recorded in said Clerk's office in Deed Book 262, at page 15; thence in a westerly direction and following the northerly boundary line of said lot so conveyed by said Neuman to L.J. Urwin and Mabel Urwin, a distance of 120 feet, more or less, to the eastern side of Pine Avenue; thence in a northerly direction 36- 1/2 feet, more or less, following the eastern line of said Pine Avenue to the point of beginning.
PARCEL III: Being a part of Lot No.4, Block 25, South Charleston Improvement Company Addition to the City of Charleston, twelve(12) feet in width and extending across said Lot No.4 between the side lines thereof seventy-four(74) feet, more or less, the western boundary of said parcel being a fence now marking the line between the property now or formerly owned by Nellie L. Spencer, Dorothy Frances Spencer, Julian L. Spencer and Harold B. Stine, the lot conveyed extending in an easterly direction from said existing fence to a line, being the continuation of the line of a stone wall marking a division between the land now or formerly occupied by Richman Houston and Roy E. Mays to the north of the property hereby conveyed. The land hereby conveyed lies on the easterly side of and adjacent to a lot conveyed by J. E. Spencer and wife to Lewis Newman and Julia Newnan (now owned by Harold B. Stine) by deed dated January 27. 1923, recorded in the aforesaid Clerk's office in Deed Book 249, at page 464, the said Nearman (now Stier) lot having been the uphill or westerly portion of the said Lot No. 4 which fronts on Pine Road.
And being the same property conveyed unto Robert M. Jones, from Maria Shea Tschepikow, formerly known as Marla Shea Buckley, a resident of the State of West Virginia, by Deed dated October 31, 2008, of record in the aforementioned Clerk's office in Deed Book 2732, at Page 105.
Being the same property conveyed unto Kimberley P Mimms, by deed dated October 14, 2014, and of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia in Deed Book 2894 at Page417.
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.
WV Trustee Services,
LLC, Substitute Trustee
Limited Signing Officer
WV Trustee Services,
McGuire Office Center
618 Tenth Street,
Huntington, WV 25701