NOTICE OF TRUSTEE’S SALE

NOTICE OF TRUSTEE’S SALE NOTICE OF TRUSTEE’S SALE and Notice of the Beneficiary / Servicer’s election to sell property is hereby given pursuant to and by virtue of the authority vested in the Trustee by that certain Deed of Trust dated March 8, 1995, executed by Timothy W. Covey and Deborah A. Covey to Bobby Lewis, Trustee, of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Book 70, at Page 1384. Hereford & Riccardi, PLLC was appointed as Trustee by SUBSTITUTION OF TRUSTEE dated March 24, 2016, of record in the Clerk’s Office in Book 5061, at Page 7453. The borrowers defaulted under the Note and Deed of Trust and the Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the 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: FRIDAY, MAY 6, 2016, AT 11:30 O’CLOCK A.M. The SURFACE ONLY of all that certain lot or parcel of land, with all appurtenances thereto belonging, situated in Town District, on the waters of Little White Stick Creek, in Raleigh County, West Virginia, and bounded as follows: BEGINNING at a 1/2 inch rebar, found, on the northern right of way line of Hedrick Street (formerly Ball Street), said rebar being a corner of Nita M. Scarborough; thence leaving said Scarborough and with said right of way line N 64 f 59? W 82.00 feet to a 1/2 inch rebar, set, said rebar being a corner of Alfred B. and Geraldine Walker; thence leaving said right of way line and with said Walker N 17 f 25? E 211.15 feet to a 1/2 inch rebar, set; thence leaving said Walker S 63 f 15? E 110.00 feet to a 1/2 inch rebar, set, said rebar being a corner of previously mentioned Scarborough; thence with said Scarborough S 25 f 01? W 205.98 feet to the point of beginning and containing 19,906 square feet (0.457 acres), more or less, as shown on a map entitled “PLAT SHOWING BOUNDARY SURVEY OF A ± 19,906 SQ. FT. (± 0.457 ACRE) LOT SITUATED IN THE VICINITY OF BECKLEY TOWN DISTRICT, RALEIGH COUNTY WEST VIRGINIA OWNED BY THEODORE E. FLOYD C/O JEANNE L. COLE TO BE CONVEYED TO TIMOTHY WAYNE COVEY AND DEBORAH ANN COVEY SCALE: 1″ = 30?,” prepared by Eastern Surveying, Inc., dated January 26, 1995. This is the same property conveyed to Timothy W. Covey and Deborah A. Covey by Deed dated March 8, 1995, of record in the Clerk’s Office in Book 70, at Page 1380. 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 11-22-2. 3) Real estate taxes due and payable have been paid. All real estate taxes hereafter will be the responsibility of the purchaser. 4) 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. 5) 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. 6) The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate the 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. 7) The total purchase price is payable to the Trustee by cashier’s check, cash or the equivalent within thirty (30) days of the date of sale, with ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the Trustee at sale by cashier’s check, cash or the equivalent. There will be no refund granted of any amount if the third party purchaser elects not to purchase the property for any reason. Minimum acceptable bid will be $24,500.00. 8) For more information on this property, please see listing on the PROPERTIES FOR SALE WEBSITE: http://www.resales.usda.gov/. Given under my hand this 13th day of April, 2016. HEREFORD & RICCARDI, PLLC – TRUSTEE By: Philip B. Hereford, Member West Virginia State Bar No. 1687 405 Capitol Street, Suite 306 Charleston, West Virginia 25301 Phone: (304) 346-1800 5-5-THU-2-RH; 4372