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 October 18, 2005, executed by the Borrowers, Robert E. Yarber and Tiffany N. Yarber, to Jonathan Nicol, the Trustee, of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Book 753, at Page 108. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of Route 1 Box 278, Fayetteville, WV 25840. Pill & Pill, PLLC was appointed as Substitute Trustee by an APPOINTMENT OF SUCCESSOR TRUSTEE dated March 11, 2015, of record in the Clerk’s Office in Book 947, at Page 424. The Borrowers defaulted under the Note and Deed of Trust and the Substitute Trustee has 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: November 1, 2016 at 3:22 P.M. The following described surface tract, together with the improvements and the appurtenances thereunto belonging and the rights incidental thereto, located on the waters of Arbuckle Creek, New Haven District (formerly Fayetteville District), Fayette County, West Virginia, and being more particularly described as follows, to-wit: BEGINNING at a stone corner on the Maggie Blake roadway, the same being a corner to the property of Calvin Blake, thence running with the Maggie Blake tract in a westerly direction 18 rods, more or less, corner to Norman Johnson, (now P. H. Thompson tract), thence with said P. H. Thompson line 16 rods, more or less, to its intersection with the right of way heretofore conveyed to the State Road Commission of West Virginia, said right of way being for a thirty foot road, thence following said right of way 22 1/2 rods, more or less, to the intersection of said right of way with the Maggie Blake road, thence following said road 11 1/2 rods, more or less, to the point of beginning, and containing one (1) acre, more or less. There is hereby excepted and reserved from said conveyance that certain property which was conveyed to Ray Burley and Goldie Burley, his wife, by deed dated the 6th day of June, 1963, and recorded in the office of the Clerk of the County Court of Fayette County, West Virginia, in Deed Book 249, at page 509, and same being described as follows: BEGINNING at a stone corner on the Maggie Blake roadway, and running with the said Maggie Blake roadway, 11 1/2 rods, more or less, to a point near the State Road; thence with the said State Road 50 feet to a steel peg, corner of Fred Stewart’s property; thence running from the said steel peg parallel 11 1/2 rods, more or less, to a steel peg, corner of Ray and Goldie Burley’s property; thence running with said Ray and Goldie Burley’s property line a distance of 55 feet to the point of beginning. Being the same property conveyed to Robert E. Yarber and Tiffany N. Yarber by the Deed dated October 17, 2005 and recorded in Deed Book 616, at Page 398, 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 A. Pill Member Pill & Pill, PLLC 85 Aikens Center Edwin Miller Boulevard P.O. Box 440 Martinsburg, WV 25402 (304) 263-4971 foreclosures@ pillwvlaw.com 10-27-THU3-FT; 431