Mercer

NOTICE

NOTICE OF SUBSTITUTE TRUSTEES’ FORECLOSURE SALE ON VALUABLE RESIDENTIAL REAL ESTATE Property Address: 323 Goodwins Chapel Road, Princeton, WV 24739 Property Description: Lots 4 & 5, Five Mile Fork, East River District, Mercer County, West Virginia 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 21st day of March, 2013, executed by Tony J. Brown and Erica Brown unto Gary R. Mills, as Trustee, 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 1252, at Page 382, which said Deed of Trust secured First Community Bank, and by virtue of a Substitution of Trustees, dated December 4, 2015, recorded in said Clerk’s Office in Trust Deed Book 1308, at Page 353, whereby Thomas S. Lilly and Phillip B. Ball were substituted as trustees in lieu of Gary R. Mills, we will ON THE 22nd DAY OF FEBRUARY, 2016, 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: “‘The following described real estate with the improvements thereon, situate in gast River District, Mercer County, West Virginia, as shown and designated as Lots #4 and #5 respectively, upon a Map thereof which bears the legend ‘PLAT OF SURVEY SHOWING THE SURVEY OF LOT #3 OF THE THEODORE G. ANDRENIUK PROPERTY, BEING A PART OF THE PROPERTY DESCRIBED IN D.B. 907 Pg. 742, SITUATE ON THE WATERS OF FIVEMILE CREEK, IN THE COMMUNITY OF OAKVALE, ON THE GOODWINS CHAPEL RD., CO. RD #35, (OLD U.S. RT. #219), EAST RIVER DIST., MERCER CO. WV., SCALE 1” = 30′, SURVEYED 06/22/10 BY RONALD D. RINK P.S., 414 THORN ST., PRINCETON, WV 24740.’, and which map is recorded in the Office of the Clerk of the County Commission of Mercer County, West Virginia, as Microfilm Plat #16893, and is more particularly bounded and described as follows: “Lot 4: BEGINNING at a mine roof bolt set in the right- of-way of County Road No. 35; thence N. 02? 00′ 00″ W. 152.00 feet to a mine roof bolt set at the common corner of Lot No. 3 and Lot No.4; thence N. 89? 15′ 00″ E. 80.00 feet to a point at the common corner of Lot No.4 and Lot No.5; thence S. 02? 00′ 00″ E. 146.00 feet to a mine roof bolt found in the right-of-way of County Road No. 35; thence with the right-of-way of County Road No. 35, S. 84? 57′ 18” W. 80.09 feet to the place of BEGINNING. “Lot 5: BEGINNING at a mine roof bolt set in the right- of-way of County Road No. 35, a common corner with Lot No.4; thence with the line of Lot No.4 N. 02? 00′ 00″ W. 146.00 ft. to a point, a common corner with Lot No.4; thence N. 89? 15′ 00″ E. 80.00 feet to a mine roof bolt set; thence S. 02? 00′ 00″ E. 140.00 feet to a mine roof bolt set in the right-of-way of County Road No. 35; thence S. 84? 57′ 18″ W. 80.09 feet to the place of BEGINNING, containing 0.26 acres, more or less. ‘” And the same property conveyed unto Tony J. Brown and Erica Brown, husband and wife, by deed of Theodore G. Andreniuk, SMITH, LILLY & BALL, PLLC dated March 12, 2013, of record in said Clerk’s Office in Deed Book 987, at Page 692. There is excepted and reserved a right-of-way and utility easement granted unto Appalachian Land Company, LLC by Tony J. Brown and Erica Brown by instrument dated March 13, 2015 of record in Deed Book 1025, at Page 78. “Included in, and made a part hereof, and as a part of the consideration hereof, the said parties fo the first part do hereby grant an interest in a certain right of way easement for a pipe line to a spring situate on a 50 acre tract of land which was conveyed to Kyle Smith and wife on March 13, 1Q46, which deed is recorded in said Clerk’s Office in Deed Book 278, at Page 456, together with a right to take water from a spring, together with a right to go on the land for repair, maintenance or replace said pipe line. It is understood and agreed, and a part of the consideration hereof, that the party of the second part, his heirs and assigns, shall contribute their pro rata part of the maintenance, and replace if necessary, of a certain concrete box around the spring together with its appurtenances, and being a portion of the same rights which were conveyed to W.C. Reed and Eva Reed, his wife by Deed dated August 1, 1947 of record in said Clerk’s office in Deed Book 290 at Page 426, to which reference is here made for all pertinent purposes.” The terms of the sale shall be cash in hand on the day of sale (or such other arrangement as may be satisfactory to Substitute Trustees 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 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 Or ACCORDINGLY. Dated this the 19th day of January, 2016. THOMAS LILLY, SUBSTITUTE TRUSTEE PHILLIP B. BALL, SUBSTITUTE TRUSTEE