NOTICE OF SALE BY TRUSTEE UNDER DEED OF TRUST Pursuant to the authority granted in that certain deed of trust dated December 17, 2003 from Stacy McCourt to Thomas Graff, Jr. and P. Michael Pleska, Trustees to secure United Bank, Inc. and recorded in the office of the Clerk of the County Commission, Fayette County West Virginia at Book 703, page 564, default having been made by the said Stacy McCourt in the payment of the obligation secured by said Deed of Trust and having been requested in writing by the holder of the obligation secured, the undersigned will offer for sale at the front door of the Fayette County Courthouse, 100 Court Street, Fayetteville, West Virginia, at 10:00 a.m. on Tuesday, June 7, 2016, that certain real estate conveyed by said deed of trust and more particularly described as follows: The surface of certain real property situate in the Village of Deepwater, Fayette County, West Virginia, more particularly described as follows: BEGINNING At an iron pin corner to the D.E. and Frances B. White 77.94 acre tract; thence running with said tract S 76 W 1260 feet to a holly tree near a drain on line of D.E. White 84 acre tract; thence leaving said line and through the original David E. White 84 acre tract S 10 W 200 feet, S 78 W 225 feet, S 29 W 296 feet; N 74-30 W 375 feet to an iron pin on the east side of the Sunday Road; thence with the Sunday Road, N 13-30 E 365 feet; thence leaving the Sunday Road and with Hendricks Creek in a general direction of N 44 E 2480 feet to an iron pin; thence S 5-30 W 1434 feet to the beginning 38.09 acre; 29.58 acres is a part of the certain 300 acre tract of land which was conveyed to David E. White by C.O. White, et als, by deed dated March 18, 1966, and of record in the Fayette County Commission Clerk’s Office in Deed Book 275, at Page 49; the remaining 8.51 acres is a part of that certain original 84 acre tract which was conveyed unto David E. White by J. E. White and wife, by deed dated September 25, 1950, and of record in the aforementioned Commission Clerk’s office in Deed Book No. 221 at Page 408. And being the same property conveyed unto Stacy L. McCourt and Terri L. Brake McCourt, his then wife, by deed of Alicia K. Cohernour, a widow, dated the 28th day of October, 1994, and recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed Book 515, at page 743. By deed dated the 31st day of December, 2003, the said Terri L. Brake McCourt conveyed her interest in said property unto Stacy L. McCourt, recorded in the aforesaid Clerk’s Office in Deed Book 600 at page 653. Under the provision of said deed of trust, the beneficial holder reserved the right to appoint a substitute trustee and the beneficial holder, United Bank, Inc., exercised said power by Appointment of Substitute Trustee dated the 23rd day of March, 2016, and of record in the aforesaid Clerk’s office at Book 965, Page 151, appointing the undersigned substitute trustee in the place and stead of the said Thomas Graff, Jr. and P. Michael Pleska. The above described property will be conveyed by the undersigned to the purchaser by deed without warranty of any kind, express or implied, and will be made subject to all property taxes, prior liens, including any liens for sewer services assessed by any municipality or public service district, reservations, encumbrances, restrictions, rights of way, easements, covenants, charges and conditions of record in the aforesaid Clerk’s Office affecting the subject property. The subject property will be sold in “AS IS” condition. The undersigned shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. TERMS OF SALE Cash in hand on day of sale. The above described real estate will be sold by auction to the highest bidder, with a minimum bid of $20,000.00, subject to the right of the undersigned to reject any and all bids if, in his opinion, it is or they are inadequate. The owner of the indebtedness secured by the above described deed of trust and the owner of any other interest in the property to be sold shall have a right to bid. CONTINUANCE – ADJOURNMENT OF SALE The undersigned reserves the right to continue the sale, or to adjourn the sale, for a time, or from time to time without further notice than announcement at the time and place of sale as hereinabove set forth or any continuance or adjournment thereof. Dated this 26th day of April, 2016. James M. Brown, Substitute Trustee 5-9-MON-2-FT; LG 236
