Mercer

NOTICE

NOTICE OF TRUSTEES’ FORECLOSURE SALE ON VALUABLE RESIDENTIAL REAL ESTATE Property Address: #3 ROSS BRANCH ROAD, PRINCETON, WEST VIRGINIA 24740 Upon notification by the holder of a Note secured by the Deed of Trust described below of a default and having been requested to institute these proceedings, and by virtue of the authority vested in us under that certain Deed of Trust dated the 5th day of June, 2006 and the 25th day of July, 2006, executed by ANTHONY J. FRANKS SR. and DONNA P. FRANKS unto Karen Wimmer and Greg Morris, as Trustees, which said Deed of Trust is of record in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Trust Deed Book 1080, at Page 205, re-recorded in Trust Deed Book 1083, at Page 405 and a Credit-line recorded in Trust Deed Book 1085, at Page 252, which said Deed of Trust secured NEW PEOPLES BANK, INC., and the undersigned Substitute Trustees, acting under the authority of a Substitution of Trustee executed by New Peoples Bank, Inc., dated the 13th day of October, 2015, recorded in said Clerk’s Office in Substitution Book 1305, at Page 613, we will ON THE 11th DAY OF DECEMBER, 2015, AT 10:00 O’CLOCK A.M., at the front door of the Mercer County Court House (being the North Walker Street side) at Princeton, Mercer County, West Virginia, offer for sale at public auction to the highest bidder, the following residential property, to-wit: “all that certain tract or parcel of land in Rock District, Mercer County, West Virginia, being the Southeasterly part of the land shown on a Map entitled, ‘Map Showing Corrected Survey of John W. Monk’s Land in Rock District, Mercer County, W. Va., containing 7_ acres, Scale: 1” = 200 feet, May 12, 1992, F. E. Walker, County Surveyor’, and recorded in the Mercer County Clerk’s Office in Map Book No. 2, at Page 141, and being also No. 1506 of the Microfilm Plat Records and bounded and described as follows: “BEGINNING at a large oak in the Southern line of a private road extending through the property shown by said Map and standing 800 feet due west from the Northeastern corner of a 2.4 acre tract described in a Deed to Carlton Gene Wimmer and Patricia Ann Wimmer, his wife, from Henry Davis and Gladys Davis, dated July 26, 1967, and recorded in said Clerk’s Office in Deed Book No. 435, at Page 515, which said 2.4 acre tract of land is included within the boundary of the land herein described and conveyed; thence leaving said beginning point and running S. 3_ 50′ W. to a point on the top of Black Oak Mountain; thence running along the top of Black Oak Mountain in an easterly direction, as shown on said Map, to the locust post at the intersection of four fences, as shown upon said Map; thence N. 3_ 50′ E. to the northeast corner of the 2.4 acre tract above referred to; thence with the southerly side of said road 800 feet to the point of BEGINNING, estimated to contain about 20 acres, and includes all of the land embraced within an 800 foot wide strip extending from the southerly side of said private road to the top of Black Oak Mountain, and included the 2.4 acre, tract of land conveyed to Carlton Gene Wimmer, et ux, and also includes a 0.230 acre parcel conveyed to the Ross Branch Missionary Baptist Church.” AND BEING the same property which was conveyed unto Anthony J. Franks, Sr., and Donna P. Franks, husband and wife, by deed of Kathy A. Cozort, Executrix under the Last Will and Testament of Edna Pearl Halsey, deceased, dated the 5th day of January, 2004, said deed to be recorded simultaneously herewith in the Office of the Clerk of the County Commission of Mercer County, West Virginia. “Included in this conveyance is a right of way for ingress and egress over said private roadway, to be used in common with others who have rights over the same. “There is excepted and reserved from this conveyance easements in favor of Appalachian Electric Power Company. “That for and in the consideration aforesaid, the party of the first part does grant, sell and convey unto the parties of the second part all of the right, title and interest of Pearl Halsey in and to that Oil and Gas Lease dated August 26, 2000, unto Cabot Oil and Gas Corporation, recorded in Oil and Gas Lease Book 19, at Page 374. “This conveyance is made expressly subject to all pertinent restrictions, reservations and easements of record.” The terms of the sale shall be cash in hand on the day of sale (or such other arrangement as may be satisfactory to Trustee and holder of the Note) and said property is being sold in “as is” condition. Said sale is subject to all taxes now due or to become due on said property, all liens, including but not limited to sewer liens and restrictions, easements or other matters of record in said Clerk’s Office affecting the title to said property. The purchaser is to pay the excise tax on the privilege of transferring said real estate. 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. Notice is also given that 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. Dated this the 12th day of November, 2015. THOMAS S. LILLY, SUBSTITUTE TRUSTEE PHILLIP B. BALL, SUBSTITUTE TRUSTEE