NOTICE

IN THE CIRCUIT COURT OF MERCER COUNTY, WEST VIRGINIA FIRST COMMUNITY BANK, Plaintiff vs. JAMIE REED, an individual Defendant. CIVIL ACTION NO. 16-C-367-WS COMPLAINT COMES NOW, the Plaintiff, First Community Bank, by counsel, Phillip B. Ball, and for its Complaint against Jamie Reed, states as follows: I. The Plaintiff is a state bank chartered in the State of Virginia, and duly licensed and authorized to conduct business in the State of West Virginia. 2. The Defendant is believed to be a individual resident of Mercer County, West Virginia, although after a detailed search, no address has been located. 3. That on or about, December 27, 2012, the Defendant executed a Note and Deed of Trust payable to First Community Bank in the amount of Eighty-Four Thousand Dollars ($84,000.00), of record in the Office of the Clerk of the County Commission in Trust Deed Book 1247, at Page 367. 4. That the Defendant intentionally and with willful disregard for the rights of the Plaintiff, failed to pay the aforesaid Note, pursuant to her contractual duties, and foreclosure proceedings were commenced by the Plaintiff. 5. That the Plaintiff did, pursuant to West Virginia Code ? 38-1-4, foreclose and sell, at public auction, the property secured under the Deed of Trust!. 6. That, after properly complying with all requirements of the aforesaid West Virginia Code, First Community Bank purchased said real property at foreclosure, in the amount of Fifteen Thousand Dollars ($15,000.00). 7. That the Defendant intentionally and with willful disregard for the rights of the Plaintiff, failed to pay the net remaining balance of principal and interest on the note aforesaid, pursuant to her contractual duties. 8. That the deficiency amount left due and owing, under the aforesaid Note and security agreement, is Sixty-Nine Thousand Nineteen Dollars and Ninety Cents ($69,019.90), as of November 3, 20 16. This amount includes lost interest revenue, principal, utilities, sales commission, maintenance fees, settlement costs, and authorized foreclosure fees. 9. That the Plaintiff has been damaged, that it has lost the sum certain amount of money, and the use of said funds for their business transactions. 10. That the Plaintiff has been damaged, in that it has been forced to retain counsel in an attempt to collect this deficiency amount, due to the intentional acts, omissions and other willful conduct of the Defendant. II. That the Defendant has been unjustly enriched by the amount of funds expended on her behalf, which was contractually to have been repaid unto Plaintiff. 12. That the Defendant placed a double-wide mobile home upon the real property which was the subject of the foreclosure. Being identified as VIN #HI70674GLRK, and which, it is believed, were purchased using the funds obtained under the deed of trust referenced above. 13. That a release was recorded as to the double-wide mobile home, by the Plaintiff, however the release was in error, as the underlying debt had not been satisfied. WHEREFORE, the Plaintiff, First Community Bank, demands judgment against the Defendant as follows: l. That the Court Order judgment against the Defendant, Jamie Reed, in the amount of $69,019.90; 2. Interest on all sums due at the current rate applicable to Circuit Court proceedings; 3. Costs of Court, to date; 4. Attorney fees for the prosecution of this matter, in the amount of $2,000.00, as allowed by the contract; 5. Enforcement of the judgment awarded against the Defendant Jamie Reed, by execution against the a 2000 Horton double-wide mobile home referenced herein; and, 6. For such other and further relief as the Court deems just. FIRST COMMUNITY BANK BY COUNSEL Phillip B. Ball Smith, Lilly & Ball, PLLC 1421 Princeton Avenue Princeton, WV 24740 (304)425-2196 West Virginia State Bar No. 7124