NOTICE

NOTICE OF TRUSTEE’S SALE NOTICE OF TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, Pill & Pill, PLLC, by that certain Deed of Trust dated November 18, 2004, executed by Borrower, Eric W. Rye, in the office of the Clerk of the County Commission of Mercer County, West Virginia, in Book 1027, at Page 289 and by Loan Modification Agreement recorded February 25, 2015 in Book 1291, at page 221.Pill & Pill, PLLC was appointed as Substitute Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated February 3, 2016, of record in the Clerk’s Office in Book 1311, at Page 554. The borrower defaulted under the Note and Deed of Trust and the Substitute Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute 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 the following date: June 1, 2016 at 2:00 p.m. The property is described as of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in East River District, Mercer County, West Virginia, and being more particularly described as follows: “the following described real estate, to-wit: Located on State Route 12, as more fully shown on a “Plat of Survey Showing the land presently owned by Charles L., Jr, & Jerlene Harvey which is to be conveyed to Richard Wayne and Margaret Ann Helton and situated in East River District, Mercer County, West Virginia. Surveyed by Charles R. Harvey.; Princeton, W. Va. on October 28,1976. Scale 1″ = 50′ Charles L. Harvey, Jr.” recorded with the hereinafter referred to Deed as Microfilm Plat Record No. 6239, being more particularly described as follows: “BEGINNING at an iron pin set at a locust stump on the south side of said State Route 12; thence South 32? 10′ W. 232 feet to an iron pin set on the western bank of East River, thence crossing East River, South 61? 26′ E. 75 feet to an iron pin; thence South 22? 30′ E. 36.00 feet to an iron pin set; thence South 0? 11′ E. 68.00 feet to an iron pin set; thence South 75? 07 E. 118.00 feet to an iron pin set; thence North 8? 04′ E. 58.00 feet to an iron pin set at a walnut tree; thence North 10? 02′ W, 227.63 feet to an iron pin set in a locust tree in the southerly line of said State Route 12; thence with the southerly line of State Route 12, North 25? 20′ W. 91.09 feet, containing 1.007 acres.” And being the same real estate conveyed to Richard Wayne Helton and Margaret Ann Helton from Jaime Harvey and Charles L. Harvey, Jr., by deed dated November 29, 1976, of record in the Office of the Clerk of the County Commission of Mercer County in Deed Book 544 at Page 452. And being the same real estate, a one-half (1/2) undivided interest was conveyed unto Margaret Ann Helton from Richard Wayne Helton by deed dated the 8th day of May, 1997, and recorded the 24th day of April, 2002, of record in the Office of the Clerk of the County Commission of Mercer County in Deed Book 843 at Page 186. Being the same property conveyed to Eric W. Rye by the Deed dated November 18, 2004 and recorded in Deed Book 876, at Page 245 in the Office of the Clerk of the County Commission of Mercer County, West Virginia. 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 ? 11-22-1. 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 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. 5) The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate said 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. 6) The total purchase price is payable to the Trustee within thirty (30) days of the date of sale, with ten (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the Trustee at sale. Pill & Pill, PLLC, Substitute Trustee BY:::::::_ Pill & Pill, PLLC 85 Aikens Center Edwin Miller Boulevard P.O. Box 440 Martinsburg, WV 25402 (304) 263-4971 [email protected]