NOTICE OF SUCCESSOR TRUSTEES’ SALE

NOTICE OF SUCCESSOR TRUSTEES’ SALE NOTICE IS HEREBY GIVEN THAT: By virtue of a Credit Line Deed of Trust and Security Agreement dated June 26, 2002, made and executed by AWESOME ADVENTURES, LLC to BB&T Collateral Service Corporation, a West Virginia corporation, as Trustee, and of record in the office of the Clerk of the County Commission of Fayette County, West Virginia, in Trust Deed Book 653, at Page 380, 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 February 12, 2015, and recorded in the aforesaid Clerk’s office in Trust Deed Book 945 at Page 396, the undersigned Successor Trustee will sell at public auction to the highest bidder on Tuesday, May 12, 2015, at 9:30 a.m. at the main entrance to the Fayette County Courthouse, at 100 Court Street, Fayetteville, West Virginia 25840, the following described real estate: All of the following described tract or parcel of surface land, together with the improvements thereon, appurtenances thereunto belonging and rights incidental thereto, situate in New Haven District, Fayette County, West Virginia, and being more particularly bounded and described as follows: BEGINNING at a white oak stump, said stump being a corner to the original 11.69 acres and near the Gatewood-Fayetteville Road; thence S 9-04 W 97.85′ to an “X” on a headwall of a culvert by the said Gatewood-Fayetteville Road, said “X” being a corner to Leonard Standley’s .42 of an acre tract which is a portion of the original 11.69 acre tract; thence with Leonard Stanley S. 19-35 W. 379.57′ to a stake, corner to Stanley and O. E. Settle .01 of an acre tract, said .01 of an acre tract being a portion of the 11.69 acre tract also; thence leaving Stanley and with O. E. Settle S 16-53 W 43.38′ to a set stone in a line of small pines, said stone being a corner to O. E. Settle .01 of an acre tract and Amy Settle .41 of an acre tract, said .41 of an acre being a portion of the 11.69 acres; thence leaving O. E. Settle and with Amy Settle S 8-08 W 159.80′ to a point in the fence, said fence being on the exterior line of the 11.69 acres; thence with the original line of the 11.69 acres and the fence N 73-02 W 111.73′ to a fence post; thence leaving the original line of the 11.69 acres and running with the fence, said fence being the agreement line N 59-48 W 71.70′ to a fence post; thence continuing with the fence line N 71-45 W 432.03′ to a 16 inch poplar on the bank of Crooked Run, said poplar being a corner to 3 acres previously conveyed, said 3 acres being a part of the original 11.69 acres; thence with the 3 acre tract N 10-35 E 367.81′ to a fence post by the side of the Gatewood-Fayetteville Road; thence leaving the 3 acre tract and with the Gatewood-Fayetteville Road N 82-41 E 695.05′ to the beginning, and containing 7.44 acres, more or less. And being the same property conveyed to the Party of the First Part herein by Deed dated the 24th day of June, 2002, which Deed was recorded June 27, 2002 in the Office of the Clerk of the County Commission of Fayette County, West Virginia in Deed Book 587, at Page 411. 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 USC c 3604(c). The sale shall further be made subject to accrued and unpaid ad valorem real property taxes upon the property. The 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 the total purchase price to the Substitute Trustees by certified or cashiers’ check or electronic fund transfer on or before 5:00 p.m. EST on Friday, June 12, 2015, with a nonrefundable deposit in the amount of Ten Thousand Dollars ($10,000.00) payable to the Substitute Trustee on the day of sale by certified or cashiers’ check. 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 Substitute Trustees’ sole discretion, the Substitute 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 Credit Line Deed of Trust and Security Agreement. 3. The beneficiary of the aforesaid Credit Line Deed of Trust and Security Agreement 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 Substitute Trustee’s sole discretion. 5. The Substitute Trustee reserves 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, and all prior liens and encumbrances of any nature whatsoever The property will be sold subject to any and all assessments and taxes against said property, and all prior liens and encumbrances of any nature whatsoever, including 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 c 11-22-2. 8. The subject property will be sold in “AS IS” condition. The Substitute Trustee makes 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 Substitute Trustee will deliver a trustee’s deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W.Va. Code c 38-1-6 upon receipt of the purchase price in good and available funds. If the Substitute Trustee fails, refuses or for any reason is unable to convey title to the property or suit is filed challenging the sale, the Substitute Trustee reserves 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 Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. Prospective purchasers are hereby advised that the rights of existing tenants or persons occupying the subject property may be covered by the Protecting Tenants at Foreclosure Act of 2009. 11. To the extent permitted under applicable law, any belongings remaining at the subject property after the sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY. 12. The Substitute Trustee reserves 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 8th day of April, 2015. DEBRA LEE HOVATTER, Successor Trustee Spilman Thomas & Battle, PLLC P. O. Box 615 Morgantown, West Virginia 26507 (304) 291-7951 4-23-THR-2-FT; LG 192