Notice of Trustee Sale

NOTICE OF TRUSTEE’S SALE

Notice is hereby given that by virtue of the authority under that certain deed of trust executed by Rebecca D. Miller and Michael Anthony Miller, to Mitchell Lee Klein, Trustee(s) dated October 25, 2001, and recorded in the office of the Clerk of the County Commission of Jefferson County, West Virginia, in Trust Deed Book 1044, at page 55, by which was conveyed to said Trustee(s) the hereinafter described real estate to secure the payment of a certain promissory note set out and described therein, and default having been made in the payment of said note, the undersigned Substitute Trustee(s) having been appointed Substitute Trustee by an Appointment of Substitute Trustee dated June 24, 2014, and having been requested in writing by the holder of said note, will sell to the highest and best bidder on July 23, 2015 at 10:03 a.m., at the front door of the courthouse of Jefferson County, West Virginia, the real estate conveyed by said deed of trust and situate in Charles Town District, Jefferson County, West Virginia, together with easements, improvements and appurtenances thereunto belonging, and at the time of the signing of the Deed of Trust it was reported that the address was: 216 Evergreen Drive, Charles Town, West Virginia, and being more particularly bounded and described therein as follows:

ALL THAT CERTAIN lot or parcel of real estate, with the improvements thereon and the appurtenances thereunto belonging, situate in Charles Town District, Jefferson County, West Virginia, being more particularly bounded and described as follows:

Being all of Lot 18, Section E and 0.116 acre merger parcel as the same are designated and described on the plat made by Appalachian Survey’s Inc., entitled “Plat of Survey Showing 0.116 Acre Walnut Grove Utility Merger Parcel” dated January 25, 1989, said plat being attached to a deed from Walnut Grove Utilities, Inc. to Franco G. Posa and Mary Agnes Z. Posa dated May 26, 1989 and recorded in the Office of the Clerk of the County Commission of Jefferson County, West Virginia in Deed Book 631, at Page 392. Reference is hereby made to the original plat of Walnut Grove Subdivision recorded in the aforesaid Clerk’s Office in Plat Book 3, at Page 69.

AND BEING the same parcel of real estate conveyed to Rebecca D. Miller and Michael Anthony Miller herein by Deed dated October 25, 2001, from Mike E. Butts and Dana G. Butts and recorded in the Office of the Clerk of the county Commission of Jefferson County, West Virginia in Deed Book 953, at page 640.

This sale is made subject to any special assessments, unpaid taxes, easements, conditions, reservations and restrictions affecting the aforesaid real estate.

The property will be conveyed in an “AS IS” condition by Deed containing no warranty, express or implied, subject to all property taxes, prior Deeds, liens, reservations, encumbrances, restrictions, rights of ways, easements, covenants, conveyances and conditions of record in the Clerk’s office or affecting the subject property.

Pursuant to the terms of said deed of trust, the Substitute Trustee(s) may postpone the sale by public announcement at the time and place designated for the sale. The West Virginia Housing Development Fund or its designee may purchase the property at any sale.

The Substitute Trustees shall be under no duty to cause any existing tenant or person occupying the property to vacate said property, and 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.

TERMS OF SALE: Cash in hand on day of sale.

DATED this 25th day of June, 2015.

__________________________

Richard A. Pill

Substitute Trustee

304-263-4971

foreclosures@pillwvlaw.com

__________________________

David D. Pill

Substitute Trustee

304-263-4971

foreclosures@pillwvlaw.com