NOTICE

NOTICE OF CONTINUANCE OF SUCCESSOR TRUSTEES’ SALE NOTICE IS HEREBY GIVEN THAT: By virtue of that certain Deed of Trust dated July 28, 2010 made and executed by PROMISED LAND PROPERTIES, LLC and granted to JIM GRUBBS and WILLIAM S. WINFREY, II as Trustees for the benefit of First Bank of Virginia, an office of First Bank of Troy, NC, and recorded in the office of the Clerk of the County Commission of Mercer County, West Virginia, in Trust Deed Book 1193, at page 391, default in the performance of the obligations thereby secured having occurred, and pursuant to the terms thereof and to the written request of the holder of the indebtedness thereby secured, and further pursuant to the authority granted to the undersigned by that certain Appointment of Successor Trustees dated May 16, 2016, and recorded in the aforesaid Clerk’s office in Trust Deed Book 1316, at page 596, the undersigned Successor Trustees will sell at public auction to the highest bidder on Thursday, July 28, 2016, at 1:00 p.m. (Continued from Tuesday, June 28, 2016, at 1:00 p.m.) at the main entrance of the Courthouse of Mercer County, West Virginia, located at 1501 West Main Street in Princeton, West Virginia, the following described real estate: PROMISED LAND PROPERTIES, LLC “All of that certain lot or parcel of land situate and being in the City of Princeton, Mercer County, West Virginia, known and designated as Lot No. 10, Section 511, on the north side of Thorn Street, and bounded and described as follows: “BEGINNING at the point of intersection between the north line of said Thorn Street and the west line of a 20 feet wide alley; thence with the western line of said alley N. 23? 10′ 40″ E. 194.63 feet to the intersection of said 20 feet wide alley with a 15 feet wide alley laid down on said map; thence N. 60? 51′ W. with the southern line of said 15 feet wide alley, 63.85 feet to a stake; thence S. 29? 09′ W. 193.67 feet to the north side of said Thorn Street; thence with the northern line thereof S. 60? 51′ E. 83.35 feet to the beginning.” And being the same property conveyed to Promised Land Properties, LLC by Citibank, N.A., as Trustee SASCo 2006-3H, by Deed dated February 1, 2010, of record in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Deed Book 947 at Page 434. “This conveyance is made subject to all conveyances, exceptions, covenants, restrictions, reservations, rights-of-way, easements, encumbrances, encroachments, leases, conditions and other matters of record, if any, pertaining to said real estate.” The sale shall be made subject to any and all easements, rights-of-way, exceptions, reservations, restrictions, covenants, conditions, leases, liens or encumbrances affecting title to the property and further to any state of facts that would be disclosed by or apparent upon an inspection or an accurate survey of the property described above; provided, however, that any such restriction, covenant or condition indicating a preference, limitation or discrimination based on race, color, religion, sex, marital status, ancestry, disability, handicap, familial status or national origin is hereby deleted to the extent such restriction, covenant or condition violates 42 U.S.C. ? 3604(c). The sale shall further be made subject to accrued and unpaid ad valorem real property taxes upon the property. The Successor Trustees make no representations or warranties as to the validity or priority of such liens, taxes, encumbrances and other matters, if any. TERMS OF SALE: 1. Cash in hand on the day of sale. The successful bidder shall tender ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price to the Successor Trustees by certified or cashiers’ check or electronic fund transfer payable to the Successor Trustees on or before 5:00 p.m. EDT on Thursday, July 28, 2016, the date of sale. The remaining balance of the total purchase price must be paid to the Successor Trustees by certified or cashiers’ check or electronic fund transfer no later than thirty (30) days after the date of sale. 2. Upon conclusion of the sale, a Memorandum of Sale will be executed reflecting the sale of the property and the purchase price. Time is of the essence. If the purchaser fails to deliver the purchase price within the prescribed time, at the Successor Trustees’ sole discretion, the Successor Trustees will either (a) file suit to enforce specific performance, (b) convey the property to the next highest bidder if such bidder will honor his, her or its bid, or (c) proceed to resell the property pursuant to the aforesaid Deed of Trust. 3. The beneficiary of the aforesaid Deed of Trust and the holder of the note thereby secured reserves the right to submit a bid for the property at the sale, which bid may be in the form of a credit bid. 4. The property may be sold either as a whole or in parcels in the Successor Trustees’ sole discretion. 5. The Successor Trustees reserve the right to accept or reject any bids. 6. The property will be sold subject to any and all assessments and taxes against said property, all prior liens and encumbrances of any nature whatsoever, and the Internal Revenue Service’s right of redemption, if any. 7. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code ? 11-22-2. 8. The subject real property will be sold in “AS IS” condition. The Successor Trustees make no representations or warranties of any kind or character including, but not limited to, the condition of the real estate or the title to the real estate to be conveyed. 9. The Successor Trustees will deliver a trustees’ deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by West Virginia Code ? 38-1-6 upon receipt of the purchase price in good and available funds. If the Successor Trustees fail, refuse or for any reason are unable to convey title to the property or suit is filed challenging the sale, the Successor Trustees reserve the right to set aside the sale and void the Memorandum of Sale. In such event, the purchaser’s sole remedy at law and in equity is limited to the return of the amount actually paid by purchaser and the sale shall be null and void and of no further effect. 10. The Successor Trustees shall be under no duty to cause any existing tenant or person occupying the subject real property to vacate said property. Prospective purchasers are hereby advised that the rights of any existing tenants or persons occupying the subject real property may be covered by the Protecting Tenants at Foreclosure Act of 2009 and the provisions of West Virginia Code ? 38-1-16. 11. The Successor Trustees shall be under no duty to cause any items of personal property remaining at the subject real property following the sale to be removed therefrom. The purchaser shall be responsible for compliance with all applicable laws in the disposal of any such items of personal property, including West Virginia Code ? 38-1-17, to the extent such statute applies. 12. The Successor Trustees reserve the right to adjourn the sale, for a time, or from time to time, without further notice, by announcement made at the time and place of the sale described above. 13. Announcements made on the day of sale take precedence over these Terms of Sale. Given under my hand this 27th day of June 2016. MARK D. CLARK Successor Trustee Spilman Thomas & Battle, PLLC P. O. Box 273 Charleston, West Virginia 25301 (304) 340-3876 W. ERIC GADD Successor Trustee Spilman Thomas & Battle, PLLC P. O. Box 831 Wheeling, West Virginia 26003 (304) 230-6977 8600482 [014037.0050]