Fayette

NOTICE OF TRUSTEE’S SALE

NOTICE OF TRUSTEE’S SALE NOTICE is hereby given that default having been made under the terms of a Deed of Trust dated May 23, 2013, and of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Trust Deed Book 913 at page 624, executed by Robert W. Tyree and Theresa F. Tyree to Alan R. Terry and Carl W. Roop, Trustees, securing Pioneer Community Bank, which was given to secure the payment of the note therein described, and demand having been made upon the undersigned so to do, the undersigned Trustee, Carl W. Roop will, on the 30th day of November, 2016, at the front door of the Fayette County Courthouse, in the City of Fayetteville, West Virginia, at 9:00 a.m., sell the property hereinafter described, which property was conveyed in said Deed of Trust, and being more particularly described as follows: The following described lots or parcels of real estate, situate in Plateau District, Fayette County, West Virginia and being more particularly bounded and described as follows, to-wit: BEGINNING at a set stone between two white oak stumps on west side of fence near a gate post, same being exterior corner of lands of (now or formerly) Fayette Land and Improvement Company, thence with one line of same S 13-20 E 626.15 feet to a set stone, two white oaks down, near edge of clearing and the woods; thence through the lands of (now or formerly) Fayette Land and Improvement Company S 63-06 W 320.0 feet crossing a lane to a point in the center of County Road, same being a corner to lot conveyed to New River and Pocahontas Stores Company by deed dated August 2, 1915, and recorded in the Fayette County Commission Clerk’s office in Deed Book 42 at Page 231; thence with the center of said County Road and binding on the above mentioned “Stores Company” lot, N 12-24 W 126.5 feet, N 15-23 W 162.4 feet, N 11-43 E 123.0 feet, N 15-20 W 61.8 feet to a point in center of said County Road; thence leaving said “Stores Company” lot N 11-46 W 298.35 feet to a stake on another exterior line of said lands of (now or formerly) Fayette Land and Improvement Company; thence with said exterior line N 89-50 E 268027 feet to the beginning, containing 4.5 acres. And being the same property conveyed to Robert Wayne Tyree and Theresa Faye Tyree by Deed dated the 21st day of February, 2012, from Charles W. Tyree and Vernonia B. Tyree, which said Deed is of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia in Book 556 at page 188. Said property will be sold upon the following terms and conditions: 1. Cash in hand on day of sale. 2. The property will be conveyed in an “AS IS” condition by Deed containing Special Warranty of Title, subject to the Internal Revenue Service right of redemption, all property taxes, prior Deeds, validly enforceable prior liens, reservations, encumbrances, restrictions, right-of-ways, easements, covenants, conveyances and conditions of record in the Clerk’s office or affecting the subject property. 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, or remove any personal property and/or belongings remaining at the property. 6. The purchaser(s) at the sale shall be responsible for paying the recording costs and also the tax on the privilege of transferring real property. 7. In the event there are Federal Tax Liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer. CARL W. ROOP, TRUSTEE 11-9-WED-2-MH; L 206