Notice of Trustees Sale

NOTICE OF TRUSTEE’S SALE
NOTICE OF TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Trustees, Richard A. Pill and David D. Pill, by that certain Deed of Trust dated March 31, 2006, executed by Borrower, Roy A. Wood, to Richard A. Pill and David D. Pill, the Trustees of record in the office of the Clerk of the County Commission of Clay County, West Virginia, in Book 114, at Page 182. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 5497 Wallback Road, Wallback, WV 252859504. The borrower defaulted under the Note and Deed of Trust and the Trustees have been instructed to foreclose under the Deed of Trust. Accordingly, the Trustees will sell the following described property to the highest bidder at the front door of the Courthouse of Clay County, in Clay, West Virginia, on the following date:
February 3, 2016 at 4:30 p.m.
The property is described as of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in Henry District, Clay County, West Virginia, and being more particularly described as follows:
All of their right, title and interest, in and to that certain tract of land situate on the waters of Right Fork of Big Sandy Creek of the Elk River and located along WV Primary Route 36, approximately 0.7 miles south of the Wallback Post Office and approximately 500 feet north of the intersection of WV Secondary Route 36/5 (a.k.a. White Road), in Henry District, Clay County, West Virginia, and more particularly described as follows with the bearings referenced to the magnetic north meridian and all distances being horizontal:
BEGINNING at Corner 1, a 1-inch iron pipe (found) flush at the western edge of a 40-foot prescriptive right-of-way (r/w) for West Virginia Primary Route 36, corner to James & Darlinda Truman’s 50-foot by 100-foot lot (DB 182/472), from which Reference 1, a 2-inch iron pipe (found) bears N 07° 41’20 W at 75.28 feet; thence leaving Truman and with said r/w for one (1) call S 05°44’26” E, 128.88 feet to Corner 2, a rail road spike with a punch mark (set) in pavement, a new division corner, from which Reference 2, a fence post at a fence corner bears S 09’13’24” E at 51.00 feet; thence leaving said (r/w) and with new division lines for three (3) calls S 83°15’03” W, 102.94 feet to Comer 3, a 5/8-inch by 30-inch rebar with a yellow plastic cap hereinafter referred to as a “rebar”, (set) at the bottom of a bank; thence N 00°20’37” W, 63.32 feet to Corner 4, a rebar (set) flush, from which Witness 4, an old basket ball poles bears S 85’00’W at 3.0 feet; thence N 49°21’14” E. 118.24 feet to the point of beginning, containing 0.22 acres (9,490 square feet), more or less. As surveyed by Hornish Land Services, Inc., whose address is 221 Main Street, Sutton, West Virginia, in February 2006, and as shown on a plat.
And being the same tract or parcel of land conveyed by Lanty Phillip Workman, widower, by Marsha E. Dean and Marleen K. Fitzwater, attorneys-in-fact for Lanty Workman, to Roy Wood, by deed dated the 24th day of March 2006, which deed is not yet of record in the Office of the Clerk of the County Commission of Clay County, West Virginia.
There is RESERVED a 20-foot exclusive easement for the purpose of ingress and egress along the existing gravel driveway and lying 10 feet on either side of the following described centerline:
BEGINNING at a point at the intersection of said r/w for Route 36, from which Comer 1 bears N 05°44’26” W at 17.65 feet thence said r/w and with said driveway for one (1) call S 79° 15’00” W at 17.65 feet to a point, from which Corner 4 bears S 49°21’ 14” W at 82.96 feet.
TERMS OF SALE:
1) The property will be conveyed in an “AS IS” physical condition by Deed containing no
warranty, express or implied, subject to the Internal Revenue Service right of redemption,
all property taxes, prior Deeds, liens, reservations, encumbrances, restrictions, rights-
of-ways, easements, covenants, conveyances and conditions of record in the Clerk’s
office or affecting the subject property.
2) The Purchaser shall be responsible for the payment of the transfer taxes imposed by
the West Virginia Code § 11-22-1.
3) The Beneficiary and/or the Servicer of the Deed of Trust and Note reserve the right
to submit a bid for the property at sale.
4) The Trustee reserves the right to continue sale of the subject property from time to
time by written or oral proclamation, which continuance shall be in the sole discretion
of the Trustee.
5) The Trustee shall be under no duty to cause any existing tenant or person occupying
the property to vacate said property, and any personal property and/or belongings
remaining at the property after the foreclosure sale will be deemed to constitute
ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY.
6) The total purchase price is payable to the Trustee within thirty (30) days of the date of
sale, with ten (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the Trustee at sale.