NOTICE

NOTICE OF TRUSTEE’S SALE NOTICE IS HEREBY GIVEN that by virtue of that certain Deed of Trust dated June 30, 2009, executed by Robert Livingston and Peggy Livingston to Ernest F. Hays, Trustee, of record in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Trust Deed Book 1169, at page 272. David M. Kersey having been substituted as Trustee pursuant to Substitution of Trustee of record in the aforesaid Clerk’s office in Trust Deed Book 1318, at page 693, default having occurred in payment of the indebtedness secured by said deed of trust, and the undersigned substitute trustee having been requested to do so by First Century Bank, Inc., formerly First Century Bank, N. A., owner and holder of the indebtedness secured by said deed of trust, the undersigned substitute trustee will offer for sale and sell at public auction on December 2, 2016, at 1:00 p.m., at the north entrance to the Mercer County Courthouse, 1501 Main Street, Princeton, Mercer County, West Virginia, the following described real estate, together with the improvements thereon and appurtenances thereunto belonging, more particularly bounded and described as follows: 422 Bird Lane, City of Bluefield, Mercer County All of that certain lot or parcel of real estate situate on Upper Jones Street, (also called Bird Lane), in the City of Bluefield, Mercer County, West Virginia, which said lot or parcel of real estate, is more particularly bounded and described as follows: “BEGINNING at a stone, the corner of John Rickman’s lot and stone, and running with his line and H. F. Rickman’s line East eight rods to a stone; thence South three rods and thirteen and one-half feet to a stone; thence West eight rods and fourteen feet to a stone; thence North three rods to the BEGINNING containing one-fourth of an acre, more or less” And being the same property conveyed unto Robert and Peggy Livingston by deed of PJ Properties, LLC, dated June 30, 2009, recorded in the Clerk of the County Commission of Mercer County in Deed Book 939, at page 261. Rt. 4, Box 353 (Poetwon Rd.), Beaver Pond District, Mercer County All that certain lot or parcel of land situate on the waters of Lick Branch in Beaver Pond District, Mercer County, West Virginia, bounded and described as follows: “BEGINNING at a stake on the old Bluefield-Bramwell road, which stake is in Southeast corner of Lot No. 5 of the Nancy Abigail Broyles tract; thence S. 41? W. 151 feet to a stake; thence, running in a general Northwestern directly 150 feet to a stake; thence, N. 41? E. 150 feet to a stake in an old logging road; thence, along and with the old logging road in a general Southeastern direction 150 feet to the point of BEGINNING, and being a lot 150’x150′ out of the Southeastern Section of Lot No. 5 of the Nancy Abigail Broyles tract. And being the same property conveyed unto Robert and Peggy Livingston by deed of PJ Properties, LLC, dated June 30, 2009, of record in the office of the Clerk of the County Commission of Mercer County in Deed Book 939, at page 259. 207 Tulip Street, City of Bluefield, Mercer County all that certain lot or parcel of real estate situate in the City of Bluefield, West Virginia, being Lots 27, 28, 29, 30, 31 and 32, Section 213 Hale Land Company Addition (commonly known as 207 Tulip Street), also shown upon the Mercer County Assessor’s Tax Map for the City of Bluefield on Map 30 as parcels 64 and 65, and being more particularly bounded and described as follows: Parcel No. 1: Lots 27, 28, 29 and 30, Section 213, City of Bluefield, Mercer County, West Virginia. Parcel No. 2: Lots 31 and 32, Section 213, Bluefield, Mercer County, West Virginia: “BEGINNING at a point in the eastern line of Tulip Street, S. 21? 31′ E.400 feet distant from the point of intersection of the eastern line of Tulip Street with the southern line of Bluefield Avenue, said point marking the southwest corner of Lot No. 33, Section 213; thence from said beginning point and along and with southern line of Lot NO. 33, Section 213, N. 68? 29′ E. 105.0 feet to the southeast corner of Lot No 33, Section 213 and in the western line of a 15 feet wide alley, S. 21? 31′ E. 50.0 feet to a point, the northeast corner of Lot 30, Section 213; thence along and with the northern line of Lot No. 30, Section 213, S. 68? 29′ W. 105.0 feet to a point at the northwest corner of Lot No. 30, Section 213 and in the eastern line of Tulip Street; thence along and with the eastern line of Tulip Street, N. 21? 31′ W. 50.0 feet to the point of BEGINNING”. And being the same property conveyed unto Robert and Peggy Livingston by deed of PJ Properties, LLC, dated June 30, 2009, of record in the office of the Clerk of the County Commission of Mercer County in Deed Book 939, at page 257. 125 Lewis Street, City of Bluefield, Mercer County: All that parcel of real estate situate in the City of Bluefield, Mercer County, West Virginia, being Lot No. 2, Section 918, B. S. Higginbotham, and which property is more particularly bounded and described as follows: “BEGINNING at a stake in the North line of Lewis Street 134.5 feet distance Eastwardly from the point of intersection of said North line of Lewis Street with the East line of an alley 19 feet wide; thence North 46? 45′ West 100 feet to a stake; thence North 43? 15′ East 57 feet to a stake; thence South 46? 45′ East 100 feet to the North line of Lewis Street; thence with Lewis Street South 43? 15′ West 57 feet to the BEGINNING” And being the same property conveyed unto Robert and Peggy Livingston by deed of Leland Marchant, dated December 7, 2005, of record in the office of the Clerk of the County Commission of Mercer County in Deed Book 890, at page 567. 513 Third Street, City of Bluefield, Mercer County: All that parcel of real estate situate in the City of Bluefield, Mercer County, West Virginia, which property is further bounded and described as follows: Lot 7, Section 317, City of Bluefield: BEGINNING at a point on Third Street, S. 66? 35′ W. 120.6 feet from the intersection of the South line of Third Street with the Western line of Hoge Street; thence with the South line of Third Street, S. 66? 35′ W. 42.4 feet to a point; thence S. 16? 30′ E. 84 feet to a point; thence N. 66? 35′ E. 42.4 feet to a point; thence N. 16? 15′ W. 84 feet to the point of BEGINNING” And being the same property conveyed unto Robert and Peggy Livingston by deed of John Mastrandrea, dated December 7, 2005, of record in the office of the Clerk of the County Commission of Mercer County in Deed Book 890, at page 563. 104 Baldwin, City of Bluefield, Mercer County: All that parcel of real estate situate in the City of Bluefield, Mercer County, West Virginia and which property is further bounded and described as follows: “BEGINNING at a point in the east line of land of the Norfolk and Western Railway Company and in the west line of an alley lying between Allen Street and Baldwin Avenue, said point being at right angles to an 221 feet distance northwardly from the center line of westbound main track (original center line of right-of-way) of Pocahontas Division, Pocahontas District of said Railway Company, at or about Station 137 plus 70 and at mile Post N-363 plus 3773 feet, more or less, as measured form Norfolk, Virginia; thence through the line of said Railway Company parallel with the 221 feet distance northwardly from said center line, S. 65? 46′ W. about 127.2 feet to a point in the east line of Baldwin Avenue; thence with the lines of land of said Railway Company as follows: with said line of Avenue N. 16? 14′ W. 50.66 feet to a point in the southwest corner of Lot 5, Section 370 of the plat of West Bluefield; thence with the south line of said Lot 5, parallel with and about 271 feet to “T” rail monument and aforesaid west line of alley, thence with said line of alley, S. 15? 59′ E. 50.66 feet to point of BEGINNING, and containing 0.15 acre, more or less.” And being the same real estate conveyed unto Robert and Peggy Livingston by deed of Manufacturers & Traders Trust Company, dated November 30, 2005, of record in the office of the Clerk of the County Commission of Mercer County in Deed Book 890, at page 565. TERMS OF SALE: Ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) cash in hand on day of sale and balance upon delivery of deed. Sale subject to any and all real property taxes or assessments due or to become due, all applicable subdivision and zoning restrictions, matters of survey, compliance with environmental regulations, rights of tenants in possession, if any, and all other pertinent liens, easements, restrictions and reservations of record. The property is sold in an “as is” condition. The purchaser shall pay the excise tax on the transfer of real estate. Any personal property remaining on the premises at the time of sale shall be considered abandoned. The undersigned trustee reserves the right to reject any and all bids, the right to continue the sale by announcement on the date of the sale and the right to announce other conditions upon the sale, which announced conditions, if any, shall be in addition to or take priority over any conditions set forth herein. Given under my hand this 1st day of November, 2016. David M. Kersey Substitute Trustee