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 June 26, 2006, executed by Borrowers, John E. Willmeth and Lula Faye Willmeth, to Carl W. Roop, the Trustee of record in the office of the Clerk of the County Commission of Raleigh County, West Virginia, in Book 5022, at Page 7872 and by Loan Modification Agreement in Book 5057, at Page 2450. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 1524 North Sandbranch Road, Prosperity, WV 25909. Pill & Pill, PLLC was appointed as Substitute Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated February 1, 2016, of record in the Clerk’s Office in Book 5061, at Page 4617. 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 Trustee will sell the following described property to the highest bidder at the front door of the Courthouse of Raleigh County, in Beckley, West Virginia, on the following date: May 16, 2016 at 2:04 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 Town District, Raleigh County, West Virginia, and being more particularly described as follows: All that certain property situated in the County of Raleigh, and State of West Virginia, being described as follows: TRACT 1: Situate in Town District, Raleigh County, West Virginia, together with all rights, privileges and easements, thereunto belonging, and being more particularly bounded and described as follows: A tract or parcel of land being a 0.615 acre tract, which is a part of a 3.68 acre tract, situated in Town District, Raleigh County, West Virginia, and being more particularly described as follows: BEGINNING at a 1/2 inch steel pin, found on the northern right of way line of North Sand Branch Road (West Virginia County Route 19/3), said pin being a common corner of Jeffrey W. Bair and Donald R. Atwood; thence leaving said Atwood and with said right of way line and with a new line running thru said Bair; North 58 f 36′ W 146.77 feet to a 1/2 inch rebar, set; thence leaving said right of way line and with a new line running said Bair; North 17 f 51′ East 162.25 feet (passing a1/2 inch rebar, set on line, at a distance of 152.25 feet) to a point on the line of Paul Obugene; thence with said Obugene the following three (3) calls: South 79 f 17′ E 62.90 feet to a point; South 58 f 59′ East 63.65 feet to a point; South 12 f 57′ East 67.50 feet to a 1/2 inch rebar, set, said rebar being a common corner of Jeffrey W. Bair and Donald R. Atwood; thence leaving said Obugene and with said Atwood; South 24 f 53′ West 132.97 feet to the point of beginning and containing 26,776 square feet (0.615 acres), more or less, as surveyed by Easter Surveying, Inc., in July, 1997, and shown on a plat attached to and recorded with that certain Deed from Jeffrey Wayne Bair to Donald R. Abner and Lula F. Abner, husband and wife, dated July 30, 1997, and of record in the Office of the County Commission of Raleigh County, West Virginia on Roll 117, page 1033. There is also an easement for ingress and egress along an existing driveway that runs from North Sand Branch Road to the Western boundary line of the property as shown on said plat. TRACT 2: A tract or parcel of land being a 0.932 acre tract which is the residue of a 3.68 acre tract; All of that certain lot or parcel of land, with the residential house, with the improvements there upon and belonging, is more fully highlighted in the Plat in Town District, Raleigh County, West Virginia, and being more particularly described as follows: BEGINNING at a 1/2 inch steel pin, found, on the northern right of way line of North Sand Branch Road (West Virginia Route 19.3); said pin being a common corner of Jeffrey W. Bair and Jack James; thence leaving said right of way line and with said James North 27 f 39′ East 136.50 feet to a 1/2 inch steel pin found; thence South 62 f 01′ East 73.78 feet to a point; thence South 34 f 35′ East 109.92 feet to a point; thence South 79 f 17 East 104.59 feet to a point, said point being a corner to Donald R. Abner; thence with said Abner, South 17 f 52′ West 162.25 feet (passing a 1/2 inch rebar set on line from previous survey at a distance of 10.00 feet) to a 1/2 inch rebar, set from previous survey on the previously mentioned right of way line of North Sand Branch Road; thence leaving said Abner and with said right of way line North 58 f 36′ West 295.02 feet to the point of beginning and containing 40,604 square feet (0.932 acres) more or less, as surveyed by Eastern Surveying, Inc., in September 1997. And being the same property conveyed to Robert Denny, former husband of Clara Denny and Clara Denny, former wife of Robert Denny, by Deed dated the 27th day of June, 2006, from Jeffrey Wayne Bair, and of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Deed Book 5022 at Page 7865. 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 5-9-MON-3-RH; 4348