NOTICE

NOTICE OF TRUSTEE’S FORECLOSURE SALE ON VALUABLE RESIDENTIAL REAL ESTATE AND DOUBLE-WIDE MOBILE HOME SITUATE THEREON 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, by virtue of the authority vested in us under that certain Deed of Trust dated the 4th day of June, 2012, executed by Justin Shrader and Joey Chavez unto Thomas S. Lilly and Phillip B. Ball, as Trustees, 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 1233, at Page 568, which said Deed of Trust secured Dan E. Bowling and Shirley M. Bowling, or the survivor of them, we will ON THE 30TH DAY OF DECEMBER, 2014, 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, along with a 1994 Imperial Double-Wide Mobile Home, VEIN #IHNC019402231A/B, situate thereon. to-wit: “all of that certain tract or parcel of real estate designated as Parcel ‘E’ on “PLAT SHOWING THE DIVISION OF A 5.37 ACRE TRACT LYING ON THE WATERS OF BRUSH CREEK OF BLUESTONE RIVER BEAVER POND DISTRICT MERCER COUNTY BEING SITUATE FOUR MILES NORTHEAST OF BLUEWELL WEST VIRGINIA SCALE 1″ = 50′ APRIL 10, 2008”, said plat prepared by Shields Engineering & Land Surveying and recorded in the Office of the Clerk of the County Commission of Mercer County, West Virginia, as Microfilm Plat No. 16178, and more fully bounded and described as follows: “BEGINNING at the southwestern line of Stuart Smith and a common line to Dan Bowling; thence through the lands of said Bowling the following four calls: S. 44? 03′ 45″ W. 154.93 feet to a 5/8″ rebar set; thence N. 57? 01′ 50″ W. 63.97 feet to a 5/8″ rebar set; thence N. 37? 18′ 35″ W. 76.40 feet to a 5/8″ rebar set; thence N. 53? 41′ 00″ E. 167.66 feet to a mine bolt found in the southwestern line of said Smith and a common line to said Bowling; thence with the southwestern line of said Smith and a common line to said Bowling, S. 41? 00′ 00″ E. 110.70 feet to the point of BEGINNING, and containing 0.48 acres, more or less.” AND BEING the same property conveyed unto Justin Shrader and Joey Chavez by deed of Dan E. Bowling and Shirley M. Bowling dated May 15, 2012, recorded in said Clerk’s Office in Deed Book 976 at Page 318. “There is expressly excepted and reserved from this conveyance rights of others in and to the continued and uninterrupted use of an easement along the southern boundary line of said property as shown upon said plat. However, the parties of the second part are hereby granted a non-exclusive easement over said roadway leading to the public road.” “There is further excepted and reserved a 20 foot easement along the northern boundary line conveyed unto James Osborne and Elizabeth Osborne by instrument dated June 21, 1996, recorded in Deed Book 771, at Page 676.” This conveyance is made expressly subject to all pertinent restrictions, reservations and easements of record. At the time of the execution of said deed of trust, this property was purported to have an address of Rt. 1, Box 176E, Bluefield, West Virginia 24701. The terms of the sale shall be cash in hand (or such other terms as are acceptable to the Trustee(s) and the note holder) on the day of sale and 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 not limited to sewer liens and restrictions, easements or other 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 has the right to redeem the property within a period of 120 days from the date of this 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 OF ACCORDINGLY. Dated this the 2nd day of December, 2014. THOMAS S. LILLY, TRUSTEE PHILIP B. BALL, TRUSTEE SMITH, LILLY & BALL, PLLC ATTORNEYS AT LAW 1421 PRINCETON AVENUE PRINCETON, WV 24740 304-425-2196