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 November 1, 2007, and of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Trust Deed Book 5029, at page 3878, executed by Gilbert N. Boggs, Jr. and Susan M. Boggs 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 19th day of December, 2016, at the front door of the Raleigh County Courthouse, in the City of Beckley, 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: Those certain parcels of land located near Ghent, in the Shady Spring District, Raleigh County, West Virginia, situated along Doc Miller Road (WV County RTE No. 19/22), above the waters of Farley Creek, at Page 7311, and described in Deed Book 603 at page 316. Said parcel being partitioned and more particularly bounded and described as follows: TRACT “A1″ – Parcel of land containing 6.036 acres BEGINNING at a capped rebar (set), a new corner at the common boundary line of the James Audrey Lilly (5004-4590), and the Dannie Lee Phlegar (5007-7311), tracts of land, (referenced N 77 f 20′ 38″ E 239.17′ from a capped rebar found), thence with the common boundary line of the said Lilly and Phlegar tracts of land; N 77 f 20′ 38” E 520.00′ to a capped rebar (found), being a corner of a 5.933 acre of land, being Tract “B” of a previous survey. Thence with the boundary line of the 5.933 acre tract of land; S 02 f 41′ 03″ E 737.16′ to a capped rebar (found), at the right of way of Doc Miller Road (WV County RTE No. 19/22), thence with the right of way of the said road, three (3), courses and distances; S 82 f 49′ 54″ W 58.19′ to a point, thence; S 67 f 53′ 21″ W 129.94 to a point, thence; S 73 f 33′ 16″ W 1.87′ to a capped rebar (set), a new corner, thence with a new line through the Dannie Lee Phlegar (5007-7311), tract of land; N 27 f 19′ 36″ W 767.61′ to the point of beginning, containing 6.036 acres, more or less. And being the same property conveyed to Gilbert N. Boggs, Jr. and Susan P. Boggs by Deed dated the 29th day of October, 2007, from Loretta J. Phlegar, by William Brian Phlegar, her Attorney in Fact, which said Deed is recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, on Book 5029 at page 3877. 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 11-28-MON-2-RH;