NOTICE OF TRUSTEE’S 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 Substitute Trustee, Pill & Pill, PLLC, by that certain Deed of Trust dated August 15, 2011, executed by Borrower(s), Larry Hartwell, to Josh Rayle, the Trustee of record in the office of the Clerk of the County Commission of Fayette County, West Virginia, in Book 880, at Page 505. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 850 Persimmon Road, Gauley Bridge, WV 25085. Pill & Pill, PLLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated July 25, 2016, of record in the Clerk’s Office in Book 970, Page 614. The borrower(s) defaulted under the Note and Deed of Trust and the Substitute Trustees have been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustees will sell the following described property to the highest bidder at the front door of the Courthouse of Fayette County, in Fayetteville, West Virginia, on the following date: October 11th, 2016 at 2:32 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 Valley District, Fayette County, West Virginia, and being more particularly described as follows: The following described tract or parcel of real estate situate on Gauley Mountain, Valley District, Fayette County, West Virginia, and being more particularly described as follows, to-wit: BEGINNING at a point near a power line pole on the hillside above Persimmon Lane, said point being the Northwest corner of a lot or parcel of land conveyed by Union Carbide Corporation to Donald Alvan Rhodes and wife by deed dated July 16, 1962, recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed Book 245, at Page 74, said point begin also the Northeast corner of a lot or parcel of land conveyed by Union Carbide Corporation to George Gilbert Borden and wife by deed dated May 1, 1959, recorded in said Office in Deed Book 223, at Page 544; thence down the slope along with the Northerly line of said parcel of land conveyed to George Gilbert Border, S 46-37′ W a distance of 117 feet to the Northwest corner of said Borden lot; thence continuing S 46-37′ W a distance of 217.63 feet to a point; thence N 19-00 ‘ W a distance of 257.82 feet to a point; thence up the slope N 50-16′ E a distance of 271.17 feet to a point along the roadway, said point being S 88-49′ E a distance of 44.10 feet from a ten inch poplar with a nail and bottle cap, said point being also N 15-25 W 45.19 feet from a twelve inch poplar with a nail and bottle cap; thence S 32-20’ E a distance of 221.71 feet to the point of beginning, containing 1.59 acres, more or less. The lot or parcel of land hereby conveyed is a part of Lot 10 and 11 as shown on a certain map entitled “Map of Hawks Nest Golf Course Residential Development With Utility Lines, Falls District, Fayette County”, dated May 20, 1958, prepared by Electro-Metallurgical Company, a division of Union Carbide Corporation, and bearing its No. EBL-110, a copy of which is recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Map Book 15, at Page 8, and reference to which is here made, and which lot or parcel of land is more fully shown upon a map or plat attached to that certain deed dated April 1, 1968, from Union Carbide Corporation to John Oxaal and Alice Mary Oxaal, his wife, of record in the aforesaid Clerk’s Office in Deed Book 291, at Page 352. Parcel Number: 31-54 Commonly known as: 850 Persimmon Road, Gauley Bridge, WV 25085 Being the same property conveyed to Larry Hartwell by the Deed dated Januray 7, 2011 and recorded in Deed Book 664 at Page 735 in the Office of the Clerk of the County Commission of Fayette County, West Virginia. 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 c 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. Pill & Pill, PLLC, Substitute Trustee BY: Richard Pill Pill & Pill, PLLC 85 Aikens Center Edwin Miller Boulevard P.O. Box 440 Martinsburg, WV 25402 (304) 263-4971 foreclosures@ pillwvlaw.com 10-6-THU-3-FT; L 390