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 September 30, 2014, and of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Trust Deed Book 5056 at page 6527, executed by Joseph Mark Stiles to A. David Abrams, Jr. and C. Elton Byron, Jr., Trustees, securing James H. Holt, Jr., which was given to secure the payment of the note therein described, and by Substitution of Trustee of record in the aforesaid Clerk’s office on Book 5063 at Page 2773, and demand having been made upon the undersigned so to do, the undersigned Substitute Trustee, Carl W. Roop will, on the 24th day of October, 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 located in the City of Beckley, Raleigh County, West Virginia, on or near New River Drive containing 7.068 acres, more or less, and more particularly described as follows: The surface of 7.068 acres, more or less, near New River Drive, in the City of Beckley, Raleigh County, West Virginia, which is more particularly shown and described on Exhibit “A” attached hereto and made a part hereof and as more particularly shown on a map entitled “Map showing James H. Holt, Jr.’s 7.068 Acre Tract Situate City of Beckley – Raleigh County – West Virginia” prepared by Lawson Engineering & Technical Services, Inc. Scale 1″ = 60′ September 2014; revised September 17, 2014; added sewer SEPT. 19, 2014, which is recorded herewith and incorporated herein by reference. Excepted and reserved from this conveyance are all easements of record affecting the subject property and in addition a 0.129 acre, more or less, sewer reservation which is more particularly described on Exhibit “B” attached to and made a part of the Deed to the Grantor of even dated herewith. EXHIBIT “A” LEGAL DESCRIPTION JAMES HAROLD HOLT JR. 7.068 ACRE TRACT DB 733/P 736 Beginning at a set stone (disturbed) at the common corner of the New River Co. Dyar Addison 169.35 Acre Tract now White Oak Land Company (Roll 12/P1294) and the common corner of the Angela M. Peters 0.60 Acre lot of the Lilly Hills Subdivision; thence, with the western line of the White Oak Land Company’s Dyar Addison tract S 01 f 12′ E for 337.43 feet to a rebar with plastic cap (set) in the centerline of a forty foot (40′) right-of-way, said centerline being the common line with the Beaver Coal Company Limited (Roll 5037/P 5289) property; thence, with the centerline of the ten foot (10′) right-of-way, the following eleven (11) courses and distances: N 66 f 54′ 00″ W for 96.36 feet to a point; thence, N 73 f 24′ W for 50.55 feet to a point; thence, S 89 f 45′ W for 50.55 feet to a point; thence, S 75 f 57′ W for 51.11 feet to a point; thence, S 66 f 52′ W for 76.03 feet to a point; thence, S 63 f 55′ W for 71.20 feet to a point; thence, S 68 f 47′ W for 95.31 feet to a point; thence, S 77 f 54′ W for 85.91 feet to a point; thence, S 87 f 40 W for 95.31 feet to a point; thence, N 86 f 48′ W for 50.17 feet to a point; thence, N 73 f 02′ 00″ for 34.43 feet to the corner of the Busy Bee Day Care Center (Roll 5010/P 8578) parcel at the intersection of the centerline of a ten foot (10′) right-of-way and the eastern right-of-way line of New River Drive; thence, with the line of the Busy Bee Day Care Center parcel, the following five (5) bearings and distances: N 68 f 42′ 36″ E for 18.82 to a point; thence, N 87 f 31′ 58″ E for 41.08 feet to a rebar with plastic cap (set); thence, N 12 f 40′ 15″ E for 210.53 feet to a rebar with plastic cap (set) and passing a rebar with plastic cap (set) at 123.68 feet; thence, N 85 f 08′ 31″ W for 139.40 feet to a mag nail (set) in a drill hole in rock; thence, N 23 f 57′ 12″ W for 278.55 feet to a mag nail (set) in a drill hole in rock on the southern line of a Milton F. Webb (Roll 123/P 918) lot; thence, with the line of the Webb lot the following two (2) courses and distances: S 86 f 52′ 36″ E for 527.33 feet to a rebar with plastic cap (set); thence, N 08 f 33′ 31″ W for 75.97 feet to a rebar with plastic cap (set) on the eastern line of right-of-way leading to the Webb lot; thence, with the eastern right-of-way line the following two (2) courses and distances: N 56 f 46′ 12″ E for 46.56 to a rebar with plastic cap (set); thence, N 11 f 10′ 44″ E for 15.04 feet to a rebar with plastic cap (set) on the southern right-of-way line of Cedar Ridge Lane; thence, along the southern line of the Cedar Ridge Lane, the following two courses and distances: N 66 f 00′ 39″ E for 36.36 feet to a rebar with plastic cap (set); thence, N 88 f 48′ 00″ E for 83.22 feet to a rebar (found) at the northwest corner of the Gerald Leslie and Verlia Faye Short (Roll 5006/P5857) lot; thence, with the line of the Short lot, the following two (2) courses and distances: S 01 f 12′ 00″ E for 185.00 feet to a rebar with plastic cap (set); thence, N 88 f 48′ 00″ E for 185.00 feet to the point of beginning and containing 7.068 acres, more or less. EXHIBIT “B” JAMES HAROLD HOLT JR. 7.068 ACRE TRACT DB 733/P 736 SEWER RESERVATION Beginning at a point on the common line between the James H. Holt, Jr. tract and the Gerald Leslie & Verlia Fay Short lot (R 5006/P 5857), said point being S 01 f 12′ E and 15.00 from the common corner of said properties on the southern right-of-way line of Cedar Ridge Lane; thence, passing through the Holt tract and along the centerline of a ten foot (10′) sanitary sewer reservation, the following eight (8) courses and distances: S 64 f 10′ 03″ W for 59.56 feet to an existing manhole, thence, S 19 f 19′ 19″ W for 28.62 feet to a point; thence S 27 f 23′ 47″ W for 51.33 feet to a point; thence S 30 f 42′ 35″ W for 108.58 feet to an existing manhole; thence, S 30 f 29′ 31″ E for 86.68 feet to a point; thence S 36 f 05′ 44″ E for 82.24 feet to a point; thence, S 34 f 47′ 52″ E for 143.75 feet to a point in the center of a ten foot (10′) road right-of-way and N 34 f 47′ 52″ W and 15.35 feet from an existing manhole (found) and being 560.76 feet in length and containing 5,607.60 square feet or 0.129 acres, more or less. 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 Substitute 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 Substitute Trustee. 5. The Substitute 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, Substitute Trustee 9-29-THU-2-RH; 4830