Mercer

NOTICE

NOTICE OF SALE UNDER DEED OF TRUST Under authority of a certain Deed of Trust from James B. Mandakunis, also known as Bruce Mandakunis and Marilyn S. Mandakunis, dated the 29th day of May, 2009 to Alan H. Larrick, Trustee, recorded in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Book 1167, at page 698; default having been made in the payment of the obligations secured by said Deed of Trust and sale having been requested in writing by the holder of the obligation secured; and A. David Abrams, Jr. having been substituted as Trustee under a Notice of Appointment of Substitute Trustee dated September 14, 2016 and recorded in the County Clerk’s Office in Book 1323, at Page 464, the undersigned will offer for sale at the front door of the Courthouse of Mercer County, Princeton, West Virginia, at 1:30 p.m. on Wednesday, October 26, 2016, that certain real estate conveyed by said Deed of Trust as described on the Exhibit A attached hereto and made a part hereof. And being the same property heretofore acquired by Bruce Mandakunis and Marilyn S. Mandakunis, husband and wife, by Deed dated the 31st day of July, 2007, from Carrie E. O’Brien Jelen and which Deed is of record in the Office o f the Clerk o f the County Commission o f Mercer County, West Virginia in Book 914, at page 339. The above described real estate will be conveyed by the undersigned to the purchaser by deed without warranty of any kind, express or implied, and made subject to all property taxes, prior liens, including any liens for sewer service assessed by any municipality or public service district, reservations, encumbrances, restrictions, right of way, easements, covenants, conveyances and conditions of record in said Clerk’s Office and affecting the subject property. The subject property will be sold in AS IS condition. The undersigned shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. TERMS OF SALE Cash in hand on day of sale. The above-described real estate will be sold by the undersigned by auction to the highest bidder subject to the right of the undersigned to reject all bids if in his opinion they are inadequate. The owner of the indebtedness secured by the above described deed of trust and the owner of any other interest in the property to be sold shall have the right to bid. CONTINUANCE – ADJOURNMENT OF SALE The undersigned reserves the right to continue the sale, or to adjourn the sale, for a time, or from time to time, without further notice than announcement of the time and the place of sale as hereinabove set forth for any continuance or adjournment thereof. Dated this the 15th day of September, 2016. A. David Abrams, Jr., Substitute Trustee EXHIBIT “A” PROPERTY DESCRIPTION FOR BRUCE MANDAKUNIS (also known as James B. Mandakunis) and MARILYN MANDAKUNIS That certain tract or parcel of land, together with all improvements thereon and easements and appurtenances thereto belonging, situate in Jumping Branch, Mercer County, West Virginia, and being more particularly described as follows: BEGINNING at a point in the west right-of-way line of State and Federal Route No. 19 & 21; thence running with the yard fence N. 61 degrees 21′ W. 328 feet to a steel pin; thence N. 28 degrees 45′ E. 91.5 feet to a steel pin; ‘thence N. 50 degrees 20′ W. 13.5 feet to a steel pin; thence N. 33 degrees 15′ E. 69 feet to a steel pin; thence 46 00′ W. 69.2 feet to a steel pin; thence N. 37 degrees 45′ E. 85 feet to some small trees on Bowlings line; thence with Bowlings line S. 56 57′ E. 419.5 feet to a set stone; thence continue N. 56 degrees 57’ E. About 1.5 feet to a steel pin, in the said west line of said Route No. 19 & 21; thence running along and with said right-of-way line about 269.4 feet to the place of BEGINNING, and containing 2.25 acres more or less. There is GRANTED and CONVEYED the right to use water from the spring from which the water is now piped into the residence on the property herein conveyed, together with the right to enter upon ground for the purpose of keeping in order and maintaining said pipe line from said , spring, together with the right to make repairs or improvements to the water basin or reservoir. There is also GRANTED and CONVEYED, the right and privilege to use a 12 foot wide strip of land along the west line of said property back to the coal house, for the purpose of getting in necessary fuel. The said road is to be kept closed; however, there is EXCEPTED and RESERVED from this conveyance all such mineral and mining rights and other rights, as have heretofore been conveyed by former deeds. And being the same property acquired by Bruce Mandakunis and Marilyn Mandakunis, husband and wife, by deed dated July 31, 2007, from Carrie E. O’Brien Jelen, recorded in the Office of the Clerk of the County Commission of Mercer County. West Virginia, in Deed Book 914, at Page 339.