NOTICE

NOTICE OF CONTINUANCE OF SUCCESSOR TRUSTEES’ SALE NOTICE IS HEREBY GIVEN THAT: By virtue of that certain Deed of Trust dated October 11, 2012 made and executed by PROMISED LAND PROPERTIES, LLC and granted to JAMES DUDLEY as Trustee 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 1242, at page 157 (hereinafter, the “Deed of Trust”), 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 April 5, 2016, and recorded in the aforesaid Clerk’s office in Trust Deed Book 1314, at page 632, 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: PARCEL NO. 2: “All that certain lot or parcel of land as shown ‘MAP SHOWING SURVEY OF LOT 23 AND ‘{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c} OF LOT 22 ON SOUTH AVENUE, CITY OF PRINCETON, MERCER COUNTY, WEST VIRGINIA, TO BE CONVEYED BY ARNOLD PENDLETON, CLYDE PENDLETON, AND OTHERS TO STEPHANIE M. SAUTTER, TITLE REF. FOR LOT 23, DEED BOOK 233/563 & FOR {4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c} LOT 22, DEED BK 384/36. DATE: 3-25-1990, SCALE 1″=30′, JAMES E. WENTZ, L.L.S”, and more particularly bounded and described as follows: “BEGINNING at a pipe found on the northerly right of way of South Avenue and being a corner to Robert Allen; thence with the right of way, N. 69? 40′ W. 60.00 feet to a rod set on the right of way and being a corner to Evelyn Corder; thence with Corder, N. 20? 20′ E. 129.00 feet to a rod on the south side of a 10′ alley and is 1.25 feet east of the corner of a board fence; thence with the alley, S. 69? 40′ E. 60.00 feet to a rod set at the corner of the board fence and is a corner to the aforesaid Allen; thence Allen, S. 20? 20′ W. 129.00 feet to the BEGINNING, containing 7,740 square feet, more or less.” The sale of the above-described property shall in no way affect the lien of the Deed of Trust against the other tracts or parcels of real property described in the Deed of Trust unless and until the full amount of the indebtedness secured by the Deed of Trust has been satisfied. First Bank of Virginia, an office of First Bank of Troy, NC, as beneficiary of the Deed of Trust, expressly reserves the right to sell all or a portion of the other tracts or parcels of real property described in the Deed of Trust if the proceeds from the sale of the above-described property is insufficient to satisfy the total indebtedness secured by the Deed of Trust. In such event, the sale of such other tracts or parcels of real property will be noticed and conducted separately in accordance with the terms of the Deed of Trust and all applicable law. 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 8602414 [014037.0050]