Pendleton

Notice of Sale Under Deed of Trust

NOTICE OF SALE

UNDER DEED OF TRUST

Notice is hereby given that under authority of that certain Deed of Trust hereinafter described, the undersigned Substitute Trustee will by virtue of authority vested in him at the front door of the Pendleton County Courthouse in Franklin, West Virginia,

AT 11:00 A.M.

ON

FRIDAY, MAY 11, 2018

offer for sale certain property described in that deed of trust executed by Adam I. Sponaugle and Laura Frances Sponaugle to Mark H. Wright or Bradford Ritchie, Trustees, which deed of trust is described as bearing date of May 29, 2012, and of record in the Office of the Clerk of the County Commission of Pendleton County, West Virginia, in Trust Deed Book 137, at Page 153, and given to secure SUMMIT COMMUNITY BANK, the Beneficiary, the payment of certain indebtedness represented by notes therein described, of which property contains 2.41 acres, more or less, located along the westerly side of Lower North Fork Road, (County Route 28/1), about 1.7 miles northeast of its intersection with State Route 28, lying in Union District, Pendleton County, West Virginia, and more particularly described in the Description of Survey and Plat of Survey in the deed reference hereinafter made reference to.

Adam I. Sponaugle and Laura Frances Sponaugle were granted and conveyed the aforesaid real estate by that certain Deed dated the 29th day of May, 2012, and recorded in the Clerk’s Office of the County Commission of Pendleton County, West Virginia, in Deed Book 190, at Page 454, to which reference is also herewith made to the aforesaid deed for all pertinent purposes.

The Grantors further granted and conveyed unto the Grantees, their heirs and assigns, all rights of way and easements appertaining to the aforesaid real estate.

Said Substitute Trustee was duly appointed by instrument dated the March 15, 2018, and recorded in the Clerk’s Office aforesaid in Trust Deed Book 157, at Page 382.

This sale and the conveyance of title to the above described real property will be by Special Warranty. Environmental warranties disclaimed and subject to all covenants, restriction, easements, rights of way and reservations which may be a matter of record in the aforesaid Clerk’s Office or visible upon the ground, all prior liens and encumbrances, including, with limitation. The subject property will be sold as “AS IS” condition. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.

This sale is also made subject to the rights of tenants under the Protecting Tenants at Foreclosure Act of 2009. Neither the Trustee (Substitute Trustee) nor the holder of said note makes any representation or warranties as to the existence of any leases or other occupancy agreements affecting the subject property.

The real property taxes on the above described will be prorated as of date of sale and any excise tax shall be paid by purchaser, as well as recording costs upon recordation of said special warranty deed.

FEDERAL TAX LIEN: In the event there are Federal Tax Liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer.

TERMS OF SALE: Twenty Percent (20{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) in hand on day of sale or evidence of credit acceptable to the secured party, and balance at closing, not to exceed thirty days. Announcements made at sale take precedence over any written notice or advertisement.

The undersigned Substitute Trustee reserves the right to reject any and all bids received, and to continue said sale from time to time, upon announcement thereof given verbally, on day of sale and any continuance thereof. The secured party reserves the right to purchase the property at such sale.

Persons interested in viewing the property may contact Jeffrey S. Bowers, PO Box 849, Franklin, West Virginia 26807, (304) 358-3333.

DATED this 6th day of April, 2018.

JEFFREY S. BOWERS,

SUBSTITUTE

TRUSTEE

P.O. BOX 849

FRANKLIN, WV 26807

(304)358-3333

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