NOTICE OF SUCCESSOR TRUSTEE’S SALE

NOTICE OF SUCCESSOR TRUSTEE’S SALE Notice is hereby given, by virtue of the authority vested in the undersigned Successor Trustees, James W. Lane, Jr. and Bradford P. Bury, by that certain Deed of Trust made by Timothy J. Zecha for the benefit of Branch Banking and Trust Company, dated May 2, 2008 and recorded May 6, 2008 in the office of the Clerk of the County Commission of Fayette County, West Virginia in Trust Deed Book 821 at page 510, the said Successor Trustees acting by virtue of that certain Appointment of Successor Trustee dated January 27, 2016 and recorded February 8, 2016 in the aforesaid Clerk’s office in Trust Deed Book 962, at page 693, and default having been made in the payment of the Note secured by the aforesaid Deed of Trust, and having been requested in writing by the owner and holder of the Note, will offer for sale, at public auction, to the highest bidder at the front door of the Courthouse of Fayette County, West Virginia, on September 14, 2016 at 9:30 a.m., all that certain lot, piece or parcel of real property, together with improvements thereon and the appurtenances thereunto belonging, described as follows: The following real estate is situate in New Haven District, Fayette County, West Virginia, and being more particularly bounded and described as follows, to-wit: Beginning at a point on the line between Pervis C. Major, III’s, 24.342 acre tract, designated as Tract No. 1 in a deed recorded in the Office of the Clerk of Fayette County, West Virginia, in Deed Book 625 at Page 434, and his 46.576 acre tract, recorded in the aforementioned Clerk’s office in Deed Book 620, at page 48, said point being corner to a 5.047 acre tract, designated as Tract #19 on a map or plat attached to Deed bearing date the 2nd day of May, 2008, by and between Pervis C. Major, III d/b/a The Confluence, and Timothy J. Zecha, to be recorded in the Fayette County Commission Clerk’s Office prior to the recordation of this instrument, and the tract herein described, said point also being in the road of County Route 4/6; thence leaving said 24.342 acre tract and through Pervis C. Major, III’s 46.576 acre tract, of which this is a part, with Tract #19, South 40-40′-32″ Eat, passing a 5/8″ rebar, set as a reference on the south side of Route 4/6, at a distance of 24.61 feet, for a total distance of 640.32 feet to a 5/8″ rebar set on the south side or edge of a drain, corner to Tract #19, a 5.023 acre tract, designated as Tract #16 on the aforementioned map or plat, and the tract herein described; thence leaving Tract #19 and continuing through Major’s 46.576 acre tract with Tract # 16, South 61-26′-27″ East, crossing 30 foot wide Access Road #2, a distance of 591.03 feet to a 5/8″ rebar set on a line of the United States of America’s 37.84 acre tract, designated as Tract 104-08, corner to Tract # 16 and the tract herein described; thence leaving Tract #16 and with said Tract 104-08 the following two calls, South 60-33′-13″ West, a distance of 126.86 feet to a point; thence South 32-58′ 01″ West, a distance of 121.38 feet to a 5/8″ rebar set at the base of a small cliff, corner to a 5.072 acre tract, designated as Tract #14 on the aforementioned map or plat, and the tract herein described; thence leaving the United States of America’s 37.84 acre tract and continuing through Major’s 46.576 acre tract with Tract #14 the following two calls, North 51-00′-00″ West, passing a 5/8″ rebar, set as a reference on the south side of aforementioned Access Road #2, at a distance of 334.45 feet, for a total distance of 384.42 feet to a point in the center of said Access Road #2; thence North 63-16′ -07″ West, passing a 5/8″ rebar, set as a reference on the west side of said Access Road #2, at a distance of 24.17 feet, for a total distance of 382.27 feet to a 5/8″ rebar set on a line of 5.055 acre tract, designated as Tract #18 on the aforementioned map or plat, and corner to Tract #14 and the tract herein described; thence leaving Tract #14 and continuing through Major’s 46.576 acre tract with Tract #18 the following two calls, North 63-17’13” East, a distance of 35.00 feet to a 5/8″ rebar set; thence North 28-08′-10″ West, passing a 5/8″ rebar, set as a reference on the south side of aforementioned County Route 4/6, at a distance of 553.60 feet, for a total distance of 574.40 feet to a point in the road of said Route 4/6, corner to Tract #18 and the tract herein described, said point also being on the line between the aforementioned 24.342 acre and 46.576 acre tracts; thence with said lien, along said road, South 88-11′-53″ East, a distance of 120.00 feet to the beginning and containing 5.061 acres, more or less, and designated as Tract #15 in the aforementioned map or plat. All bearings taken from the magnetic meridian of January 2006, having a declination of 08-15′-00″ West. And being the same real estate which was conveyed unto Timothy J. Zecha by Deed of Pervis C. Major, III, d/b/a The Confluence, dated the 2nd day of May, 2008, and to be recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, prior to or simultaneously with the recordation of this instrument. There is, however, excepted and reserved a “non-development zone” prohibiting structures within 50 feet from any stream bed and 50 feet from the National Park boundaries. There is granted and conveyed in trust a thirty foot (30′) nonexclusive right of way, known and designated as Access Road #2 for the purpose of ingress and egress, the center line of which is more particularly bounded and described as follows, to-wit: BEGINNING at a point on the southern right of way line of County Route 4/6, said point being in the center of a 30 foot wide access road designated as Access Road #2 on a map or plat provided to The Confluence, from which point a 5/8″ rebar set on the line between Pervis C. Major, III’s 66.140 acre & 46.576 acre tracts and corner to Tract’s # 17 & 19 bears North 48-45′-49″ West, a distance of 61.49 feet; thence leaving Route 4/6 and through Pervis C. Major, III’s 46.576 acre tract, of which this is a part, with the center of Access Road #2 extending 15 feet on each side of the following described centerline, South 01-52’12” West, a distance of 38.55 feet; thence South 26-58′ -32″ West, a distance of 42.57 feet; thence South 18-32’29” West, a distance of 203.40 feet; thence South 46-12’38” West, a distance of 24.17 feet; thence South 65-33′ 15″ West, a distance of 81.10 feet; thence South 37-52′-39″ West, a distance of 44.43 feet; thence South 70-13′-50″ West, a distance of 66.09 feet; thence South 65-29′ 29″ West, a distance of 128.79 feet; thence South 80-18′-46″ West, a distance of 38.26 feet; thence South 59-53’01” West, a distance of 36.34 feet; thence South 38-59′ 06″ West, a distance of 46.35 feet; thence South 43-24’54” West, a distance of 72.46 feet; thence South 18-19’18” West, a distance of 20.70 feet; thence South 03-25′ 42″ East, a distance of 30.06 feet; thence South 29-44′-49″ East, a distance of 23.15 feet to a point, corner to Tract #’s 14 & 15, from which point two 5/8″ rebar set as a reference on the lines between Tract #’s 14 & 15 bear North 63-16′ 07″ West, a distance of 24.17 feet and South 51-00’00” East, a distance of 49.97 feet; thence South 69-14′ -29″ East, a distance of 39.15 feet; thence North 80-26’42” East, a distance of 23.09 feet; thence North 50-55′ -48″ East, a distance of 25.78 feet; thence North 09-00′-15″ East, a distance of 29.71 feet; thence North 31-40′-25″ West, a distance of 85.34 feet; thence North 13-20′ -27″ West, a distance of 21.94 feet to the end of Access Road #2. There is further granted and conveyed in trust, the right to use that certain beach area designated as Lease Area No. 3. Such use shall be limited to the personal recreation of the owner of the above-described real estate and his/her invitees. No commercial enterprise shall be permitted in the beach area. Said Lease Area No. 3 is set out on that certain plat entitled, “Plat of Survey Showing Lease Area No. 3?.”, attached to Deed above-referenced bearing date the 2nd day of May, 2008, and more particularly described as follows, to-wit: BEGINNING at a point on a line of Pervis C. Major, III’s, 4.620 acre tract, designated as Tract No. 5 in a deed recorded in the Office of the Clerk of Fayette County, West Virginia, in Deed Book 625, at page 434, said point being on the south or west side of Gauley River and corner to the tract herein described, an “X” on a rock found, corner to said 4.620 acre tract, bears North 35-43′-40″ West, a distance of 37.59 feet; thence with Major’s 4.620 acre tract along the south or west side of said river, South 35-43′-40″ East, a distance of 124.64 feet to a 5/8″ rebar found, corner to the 4.620 acre tract and the tract herein described, said rebar also being at or near the confluence of the Gauley & Meadow Rivers; thence continuing with said 4.620 acre tract along the west side of Meadow River, the following dour calls, South 28-15′-51″ West, a distance of 355.60 feet; thence South 32-15′ -55″ West, a distance of 55.00 feet; thence South 38-43′-17″ West, a distance of 253.83 feet to an “X” found on the face of a large rock; thence South 49-44′-16″ West, a distance of 72.91 feet to a 3/4″ rebar found; thence leaving Meadow River and continuing with the 4.620 acre tract, North 55-44′-45″ West, a distance of 85.73 feet to a point on the east side of Patterson Lane, corner to the tract herein described; thence through Pervis C. Major, III’s, 4.620 acre tract, of which this is a part, along the east side of said road the following two calls, North 45-57′-23″ East, a distance of 19.11 feet; thence North 48-59′-09″ East, a distance of 35.95 feet to a point at the intersection of the road; thence continuing through the 4.620 acre tract and along the east side of the road which forks to the right, the following eight calls, North 56-42′-20″ East, a distance of 84.07 feet; thence North 42-17′ -37″ East, a distance of 127.88 feet; thence North 30-57′-46″ East, a distance of 143.76 feet; thence North 29-27′-50″ East, a distance of 73.41 feet; thence North 23-51′ -40″ East, a distance of 63.77 feet; thence North 15-04′-30″ East, a distance of 140.85 feet; thence North 37-07′-32″ East, a distance of 27.97 feet; thence North 17-13′ -28″ East, a distance of 79.92 feet to the beginning and containing 1.292 acres, more or less, and designated as Lease Area No. 3 on the above-referenced map. All bearings taken from the magnetic meridian of January, 2006, having a declination of 08′-15′-00″ West. TERMS OF SALE: The Premises will be sold “AS IS, WHERE IS,” in its present condition and with all faults and defects, if any. The Premises will be conveyed by deed with no covenants of warranty of title. The Premises shall be sold subject to all liens not discharged by the sale, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges and liens with priority to the Deed of Trust pursuant to which this sale is being conducted. The Premises shall be sold subject to all covenants, restrictions, easements, rights of way and reservations which may be a matter of record in the aforesaid Clerk’s office or visible upon the ground. The Premises will be sold for cash in hand on the date of sale to the highest bidder. The purchasers at the sale shall be responsible for paying the recording costs and also the tax on the privilege of transferring real property (the cost of the tax stamps to be affixed to the deed). The Successor Trustees and Branch Banking and Trust Company shall not be responsible for the removal of any person or personal property from the Premises. Pursuant to the Deed of Trust, the Successor Trustees may postpone the sale by public announcement at the time and place designated and act by agent in the execution of the sale. The parties secured by the Deed of Trust reserve the right to purchase the Premises at such sale. Dated: July 13, 2016 James W. Lane, Jr., Esq. Bradford P. Bury, Esq., M.B.A. Successor Trustees 200 Capitol Street Charleston, WV 25301 (304) 720-9002 8-31-WED-2-MH; L 169