NOTICE

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 January 12, 2007, executed by Ledessa L. Burress to Robert M. Steptoe, III, Trustee, of record in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Book 1100, at Page 254. Hereford & Riccardi, PLLC was appointed as Trustee by SUBSTITUTION OF TRUSTEE dated November 16, 2015, of record in the Clerk’s Office in Book 1307, at Page 664. 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 Mercer County, in Princeton, West Virginia, on: FRIDAY, FEBRUARY 5, 2016, AT 2:00 O’CLOCK P.M. All that certain tract or parcel of real estate shown on “MAP SHOWING LOT 33 SANDSTONE PARK EAST RIVER DISTRICT, MERCER CO., WV JOB NO. 06241 SCALE: 1″ = 30′ DATE: 12-09-06 DRAWN BY: GKM APPALACHIAN ENGINEERING & SURVEYING, INC. 212 COLLEGE AVE.-BLUEFIELD, W.V. 24701 PHONE 304-325-3481,” said Plat to be recorded herewith and made a part of this Deed, situate in the East River District, Mercer County, West Virginia, and being more fully bounded and described as follows: BEGINNING at a point in the western right-of-way line of a 40-feet wide street as shown upon a map of Sandstone Park, said beginning point also being the common northern corner of Lots 32 and 33; thence along and with the boundary line separating Lots 32 and 33, S. 25? 19′ 40″ W. 139.90 feet to a point; thence N. 50? 16′ 53″ W. 9.26 feet to a point; thence S. 66? 59′ W. 100.0 feet to a point; thence N. 37? 06′ W. 5.15 feet to a point, the common southern corner of Lots 33 and 42; thence along and with the boundary line separating Lots 33 and 42, N. 25? 19′ 40″ E. 209.93 feet to a point in the western right-of-way line of said 40-feet wide street, said point also being the common northern corner of Lots 33 and 42; thence along and with the western right of way line of said 40-feet wide street, S. 64? 40′ 20″ E. 80.00 feet to the point of the BEGINNING, containing 13,837 square feet (0.32 acres). This is the same property conveyed to Ledessa L. Burress by deed dated January 12, 2007, of record in the Clerk’s Office in Book 906, at Page 191. This conveyance is made subject to an easement across the rear portion of said property for sanitary sewage line and related manholes as shown upon said Plat, and is specifically subject to an easement across the front of said property for underground electric, television and telephone cables. This conveyance is subject to a Declaration of Protective Covenants and Reservations for lots in Sandstone Park, dated May 4, 1979, and of record in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Deed Book 574, at Page 716. 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 ? 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 $46,000.00. 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 12th day of January, 2016. By: HEREFORD & RICCARDI, PLLC-TRUSTEE Philip B. Hereford, Member 405 Capitol Street, Suite 306 Charleston, West Virginia 25301 WV State Bar No. 1687 Phone: (304) 346-1800