| NOTICE OF |
NOTICE IS HEREBY GIVEN that by virtue of a certain deed of trust (the "Deed of Trust") dated April 5, 2006 made by Robert C. Leftwich and Frances M. Leftwich to Robert P. Howell, Trustees, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Trust Deed Book No. 3344, at page 944 to secure The Poca Valley Bank in the payment of the sum of $135,150.00, evidenced by a negotiable promissory note bearing even date therewith, and The Poca Valley Bank being authorized and empowered to designate and appoint one or more substitute trustees in the place and stead of the trustee named in the Deed of Trust and the undersigned, Sarah C. Ellis and/or James H. Adkins, were so appointed by the terms of a Designation of Substitute Trustee of record in said Clerk's office, and default having been made in the payment of said indebtedness and said Substitute Trustees having been requested in writing so to do by The Poca Valley Bank, owner and holder of said note, said Substitute Trustees, on WEDNESDAY,
OCTOBER 29, 2014
AT 11:00 A .M.
will offer for sale and sell at public auction at the front door of the Kanawha County Courthouse, 409 Virginia Street East, Charleston, West Virginia, to the highest bidder therefore, which is comprised of all of their right, title and interest, in and to all that certain parcel, lot or tract of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in the City of Charleston, Charleston West District, Kanawha County, West Virginia, and being more particularly bounded and described as follows:
being all of Lot 6-A of Boulevard West Town Homes, as the same is shown on that certain map dated July 19, 1988, entitled "Final Map Showing Lots Nos. 1-A, 2-A, 3-A, 4-A, 5-A & 6-A of Boulevard West Town Homes Being a Resubdivision of part of Lots Nos. 5, 6, 7 & All of Lot No. 8 Together With Adjoining Strip of Land of `937 Revision of Luna Park M.B. 7, Pg. 152, Located in Charleston West Tax Dist. City of Charleston, Kanawha Co., WV Owned By Boulevard West Development, Inc.", made by Field Surveying Co., Inc., of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Map Book 43, at page 45.
And being the same property conveyed unto Charles Gilliam and Z. Virginia Gilliam, his wife, by David Marty, by deed dated September 9, 2005, of record in the aforesaid Clerk's Office in Deed Book 2640, at page 149, and also being the same property conveyed unto Robert C. Leftwich and Frances M. Leftwich, his wife, by Charles Gilliam and Z. Virginia Gilliam, his wife, by deed dated April 4, 2006.
It is understood and agreed that the walls separating the division of the townhouses herein conveyed and the townhouse located at Lot 5-A shall be and are party walls for the use and benefit of the property herein conveyed and the property adjoining the same, said walls to continue to be such party wall so long as it remains in a safe, sound and serviceable condition; and the provision of this instrument for such party walls shall be deemed to be a covenant running with the land herein conveyed, and which shall be valid and binding upon the parties of the second part, their successors and assigns, and the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto.
For the same consideration, the parties of the first part do hereby Grant and Convey to the parties of the second part, a right of way and easement ten (10) feet in width extending along the rear property line of Lots Nos. 1-A, 2-A, 3-A, 4-A and 5-A of Boulevard West Town Homes for the purposes of ingress and egress to and from the property herein conveyed, which right of way shall be used in common with the owners of said Lots 1-A, 2-A, 3-A, 4-A and 5-A.
There is hereby reserved from this conveyance a right of way and easement ten (10) feet in width extending along the rear property line of the property herein conveyed to be used in common with the parties of the second part by the owners of Lots Nos. 1-A, 2-A, 3-A, 4-A and5-A of Boulevard West Town Homes for the purposes of ingress and egress to and from their respective properties, which right of way and easement is shown upon the aforesaid map.
There is further reserved from this conveyance a sanitary sewer easement ten (10) feet in width across the front, rear and easterly side of the lot herein conveyed, as the same is shown upon a map which is attached to the deed of record in the aforesaid Clerk's Office in Deed Book 2228, at page 214, and a water line easement five (5) feet in width conveyed to West Virginia American Water Company, of record in the aforesaid Clerk's Office in Deed Book 2206, at page 381.
This conveyance is made subject to the following restrictions applicable to all lots of Boulevard Town Homes, which covenants and restrictions shall run with the land:
(1) No lot shall be used for any purpose other than as a single family residence.
(2) No lot shall be split, divided or subdivided for sale, resale, gift, transfer or otherwise.
(3) No boat, boat trailer, house trailer, mobile home, recreational vehicle, including trucks with detachable camper bodies, or any similar item shall be stored in the open on any lot.
(4) No garage, storage shed, utility building, out building, fence satellite dish or any other structure of like kind or character shall be erected, constructed, placed or permitted on the property.
(5) All lot owners of Boulevard West Town Homes shall share equally in the cost of maintaining and upgrading the right of way for ingress and egress used in common by said lot owners.
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.
The sale of said property will be made subject to all exceptions, encumbrances, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real estate, and any and all unpaid taxes assessed against said property.
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 Trustees reserve the right to reject any or all bids. Conveyance shall be by special warranty deed, and purchaser shall pay for all transfer stamps, recording fees, and other closing costs.
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. Additional terms and conditions shall be announced at the sale.
At public sale any person or entity may bid and may purchase any real estate sold if they be the highest bidder. If the real estate is sold for an amount in excess of the outstanding balance of the mortgage, together with all interest, unpaid real estate taxes and costs, said excess must be used to satisfy any other encumbrances on said property and after all said encumbrances are satisfied together with all interest and costs, any excess then remaining must be paid to the Grantor. If the Grantor or any person holding an encumbrance cannot be found after a diligent search, the money shall be paid into the Circuit Court of the county for the benefit of the Grantor or the holder of any such encumbrance.
Dated:September 22, 2014.
___________________Sarah C. Ellis,
as Substitute Trustee
James H. Adkins,
as Substitute Trustee
Steptoe & Johnson PLLC
P. O. Box 1588
Charleston, WV 25326