NOTICE

NOTICE OF TRUSTEE’S SALE NOTICE IS HEREBY GIVEN that by virtue of that certain deed of trust, dated February 20, 2009, executed by Mark A. Cole and Willa D. Cole to Amy L. Mann, Trustee, of record in the Mercer County Clerk’s Office in Trust Deed Book 1160, at page 515, and subsequently modified by Loan Modification Agreement dated December 13, 2013, of record in the Mercer County Clerk’s Office in Trust Deed Book 1268, at page 332, and subsequently modified by Loan Modification Agreement dated December 27, 2013, of record in the aforesaid Clerk’s Office in Trust Deed Book 1270, at page 264, default having occurred in payment of the indebtedness secured by said deed of trust, and the undersigned having been substituted as Trustee by Corrected Substitution of Trustee dated May 29, 2015, of record in the aforesaid Clerk’s Office in Trust Deed Book 1296, at page 339, and having been requested to do so by the owner and holder of the indebtedness secured by said deed of trust, the undersigned Substitute Trustee will offer for sale and sell at public auction on Friday, July 10, 2015, at 10:00 a.m., at the north entrance to the Mercer County Courthouse, 1501 Main Street, Princeton, Mercer County, West Virginia, that certain tract or parcel of land situate in Jumping Branch District, Mercer County, West Virginia, with an address of 289 Piney Flats Road, Flat Top, West Virginia, bounded and described as follows: BEGINNING at a rebar in the eastern right-of-way line of Co. Rte. 2/3, said rebar being the southwest corner of Parcel 7.1 and a northwest corner of Parcel 7 and the herein described tract; thence along the southern line of Parcel 7.1, S. 89? 53′ E. 176.72 feet to a 5/8″ rebar; thence through Parcel 7 and 8 for the next three calls: S. 17? 17′ 42″ E. 358.99 feet to a capped rebar with 12″ hickory pointer; thence S. 15? 01′ 53″ W. 391.89 feet to a capped rebar; thence N. 76? 32′ 28″ W. 123.77 feet to a capped rebar in the eastern right-of-way line of Co. Rte. 2/3; thence along said right-of-way for the next four calls: N. 00? 30′ 46″ W. 343.30 feet to a point; thence N. 05? 42′ 49″ W. 87.11 feet to a point; thence N. 10? 25′ 57″ W. 197.12 feet to a point; thence N. 11? 28′ 24″ W. 70.37 feet to the point of BEGINNING, and containing 3.02 acres, more or less. And being the same real estate conveyed to Mark A. Cole by deed of Albert H. and Alice Faye Ellison, dated December 28, 2005, which deed is of record in the Mercer County Clerk’s Office in Deed Book 891, at page 126. TERMS OF SALE: Ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) cash in hand on day of sale and balance upon delivery of deed. Sale subject to any and all real property taxes or assessments due or to become due, all applicable subdivision and zoning restrictions, matters of survey, compliance with environmental regulations, rights of tenants in possession, if any, and all other pertinent easements, restrictions and reservations of record. The property is sold in an “as is” condition. The purchaser shall pay the excise tax on the transfer of real estate. Any personal property remaining on the premises at the time of sale shall be considered abandoned. The undersigned trustee reserves the right to reject any and all bids, the right to continue the sale by announcement on the date of the sale and the right to announce other conditions upon the sale, which announced conditions, if any, shall be in addition to or take priority over any conditions set forth herein. Given under my hand this 10th day of June, 2015. David M. Kersey Substitute Trustee