| TRUSTEES' SALE OF |
VALUABLE REAL ESTATE
The undersigned Trustees, by virtue of the authority vested in them by that certain deed of trust dated April 30, 2010, and duly recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed of Trust Book 3719, at page 907, Harold E. Wiley, Jr. did convey unto Carl H. Cather, III, Esq., Spilman, Thomas & Battle, PLLC, Trustee, certain real property described in said deed of trust; and the beneficiary has elected to appoint Teays Valley Trustees, LLC as substitute Trustees by a Substitution of Trustee recorded in the aforesaid Clerk's Office; and default having been made under the aforementioned deed of trust and the undersigned Trustees, having been instructed by the secured party to foreclose thereunder, will offer for sale at public auction at the front door of the Kanawha County Courthouse, 409 Virginia Street, East, Charleston, West Virginia 25301 on: August 20, 2014At 09:02 AM
All that certain tract or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate and being now in the City of Nitro, Union District, Kanawha County, West Virginia, said parcel of land being composed and comprised of all of Lot No. Thirty-four (34) and the northerly adjoining portion of Lot No. Thirty-three (33), all in Section Two (2) of Brookhaven, a subdivision in and to said City of Nitro, as shown, set out, laid down and designated upon a map or plat dated April 16, 1962, made by J.H. Milam, Inc., Consulting Engineer, and entitled, "Section Two (Lots 20 to 43 inclusive) Brookhaven in Union District, Kanawha County, West Virginia," which said map or plat is of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia in Photostatic Map Book 20, at page 91, the aforesaid Lot 34 and northerly adjoining portion of Lot 33 combined from a tract of land which is more particularly bounded and described as follows:
BEGINNING at an iron pin located in the northerly exterior boundary line of said Brookhaven Subdivision, said iron pin being also the northeasterly corner of the said Lot No. 34 Section Two of Brookhaven, said iron pin being also located at the intersection of the said northerly exterior line of the Brookhaven Subdivision with the westerly line of the Appalachian Electric Power Company`s 100 foot power line right of way, said right of way being also known as Norwood Road, said beginning point also being located N. 53° 18` E. 226.58 feet from the northeasterly corner of a cemetery, all as shown on the aforesaid map; thence from said beginning point and running along the westerly line of the aforesaid right of way, Norwood Road, S. 7° 41` E. 186.61 feet to a point therein, said last mentioned point also in the front or easterly line of Lot No. 33 of said Section Two Brookhaven; thence leaving the aforesaid right of way, Norwood Road, and running across the said Lot No. 33, S. 38° 07` W. 140.37 feet to a point located in the division line of said Lot No. 33 and the aforementioned cemetery; thence running N. 36° 42` W. 200.10 feet to an iron pin in the northerly exterior boundary line of Brookhaven Subdivision; thence running with a portion of the northerly exterior boundary line of said Brookhaven Subdivision, N. 53° 18` E. 226.58 feet to the place of beginning.
Subject to the protective covenants, easements, sewer and sewerage stipulations, reservations, building plan conditions and other matters set out and contained in the deed from Brookhaven Land and Development Company, a corporation, to Jack W. Rittenhouse and Helen J. Rittenhouse, his wife, dated July 7, 1962, of record in the aforesaid Clerk`s Office in Deed Book 1362, at page 659.
Map No.: 21
Parcel No.: 2.0001 107 Norwood Road, Nitro, WV 25143
The aforesaid property is SUBJECT TO any and all easements, rights-of-way, conditions, covenants and restrictions of record or in existence.
The sale of the foregoing real property will be made subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real estate, subject to all matters disclosed by an examination and inspection of the property, subject to any and all unpaid taxes as recorded against said property, and to any further matters announced at said sale. The property is sold subject to an accurate survey at purchaser's expense.
The sale of the foregoing real property will also be made expressly subject to any and all other deeds of trust, judgments, liens, and all other encumbrances of any nature whatsoever, if any, having priority over the deed of trust referred to herein.
The Trustees reserve the right to adjourn the sale, for a time, or from time to time, without further notice, by announcement at the time and place of sale describe above or any adjournment thereof. The Trustees reserve the right to reject any and all bids.
The subject property will be sold in "AS IS" condition. The Trustees shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. The Trustees will deliver a trustees' deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code §38-1-6. The Trustees make no representations and warranties about the title of the real estate to be conveyed. If the Trustees are unable to convey insurable or marketable title to purchaser for any reason, purchaser's sole remedy is return of deposit.
TERMS OF SALE: $18,000.00 cash in hand at the time of sale in the form of a certified check or cashier's check made payable to "Teays Valley Trustees, LLC," and the balance in cash closing within 30 days of the date of the sale. Purchaser shall pay for transfer stamps and recording fees. Additional terms of sale may be announced prior to the sale.
Teays Valley Trustees, LLC
55 Meridian Parkway, Suite 108
Martinsburg, West Virginia 25404