NOTICE OF TRUSTEE SALE

NOTICE OF TRUSTEE SALE Pursuant to the authority vested in the undersigned by deed of trust dated January 6, 2012, signed by Calvin Cox and Kristin Cox, his wife, of PO Box 661, Beckley, West Virginia 25802, to Amy L. Mann, Trustee, which said deed of trust is of record in the Office of the Clerk of the County Court of Raleigh County, West Virginia, in Trust Deed Book 5045 at page 6030, and the Trustee, Amy L. Mann, having been requested so to do by the Lender, and default having been made under the terms and conditions of said deeds of trust, and the provisions in said deed of trust concerning acceleration having been complied with by the Lender and present holder of the note, said Trustee will sell at public auction at 1:30 o’clock p.m. on: Thursday, March 3, 2016 at the front doors of the Courthouse in Raleigh County, West Virginia, the following described real estate: Town District, Raleigh County, West Virginia TRACT ONE: BEGINNING at a public road at railroad crossing and a stone corner and running with the East right of way line of the Virginia Railway Southerly direction to the line of Amos Williams, thence an Easterly course with said William line to a stake a corner to Granville Tyree’s line, thence Northerly course with said line as it meanders to a stone corner near the public road and thence continuing with the said Granville Tyree’s line a westerly course to a stone and thence a northerly course with said Tyree’s line to the public road and thence westerly course with said road to a white oak sapling corner about 2 rods below draw-bars and thence a westerly course to a white oak sapling, a corner and thence a northerly course to a stone a corer about 10 feet above a wild cherry near the public road and thence a westerly course down the said road to the BEGINNING corner, containing 20 acres, more or less. TRACT TWO: A certain lot of surface land situate on the waters of Paint Creek, at Cirtsville, Town District, Raleigh County, West Virginia, and described as follows: BEGINNING at intersection of John L. Billups and Virginian Rail Road line, thence with Vgn. R.R. East, 78 rods to intersection of Granville Tyree and Vgn. R.R. Line, thence with Granville Tyree line a North Eastern course 43 rod to John L. Billups and Granville Tyree corner, thence with John L. Billups line, a South Western course, 76 rod to the BEGINNING, containing 8 acres, more or less. There is EXCEPTED and RESERVED from this conveyance that certain 1.1 acre tract out-conveyed by deed dated March 18, 1977, from John P. Billups, single, to Charles Hubbard and Brenda (Moore) Hubbard, said deed being of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Deed Book 579 at page 199. There is also EXCEPTED and RESERVED from this conveyance that certain parcel of property out-conveyed by deed dated May 25, 1978, from John P. Billups, single, to Gary Arnold Clay and Clarice Marie Clay, said deed being of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Book 636, at page 109. TRACT THREE: The surface of the following described tract of land situated in Town District, Raleigh County, West Virginia, and on the waters of Paint Creek and being a part of the same land that was conveyed to the said N.T. Tyree and Ellen Tyree, his wife, by S.W. Stephen and of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia. Also the same tract or parcel of land that was conveyed to N.T. Tyree by W.H. Rardin, Trustee by deed dated the 2nd day of July 1928 and recorded in Raleigh County Clerk’s Office in Deed Book number 99, at page 118. To both of which said deed reference is here made for a more complete description of the land herein conveyed. Said land herein conveyed being part of a tract of 74.59 acres which was devised to Sherman Tyree by his father Granville Tyree, described in the said will of the said Granville Tyree as the “Home Tract”. Said will being recorded in said Clerk’s Office in Will Book number 2 at page 87. BEGINNING at intersection of the Elbert Bailey and old County road line, thence with the Elbert Bailey line in a S.W. direction to the Virginian R.R. right of way; thence with the Virginian R.R. right of way in a northerly direction to the John L. Billups and Virginian R.R. right of way corner; thence with the John L. Billups line a North Eastern course to the John L. Billups and Graville Tyree corner; thence in a S.E. direction 632 feet to north gate post on the old county road; and thence along the western side of the old county road to the BEGINNING point or Elbert Bailey line; containing 40 acres, more or less. There is EXCEPTED and RESERVED that certain 11.34 as more particularly described in that certain Judgment Order recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Book 5007, at page 1316. TRACT FOUR: That certain tract or parcel of land situated on Paint Creek, Town District, Raleigh County, West Virginia, and more particularly described as follows: BEGINNING at a point in Paint Creek public road; where Maple Fork Road intersects it; thence with said Pint Creek Road N. 9 f 30′ E. 190 feet; thence N. 30 f 45′ E. 300 feet; thence N. 42 f 15′ E., 395 feet to a stake in a field on east side of said road; thence leaving said road N. 56 f 45′ E. 188 feet to a stake; thence N. 30 f E. about 56 feet to a stake in the right of way line of the Deepwater Railway Company, thenc3e with said right of way line as it curves a northwest direction about 170 feet to a stake, point of tangent; thence N. 32 f 30′ W. 117 feet to a point in middle of Paint Creek in a line of Granville Tyree; thence crossing the said right of way line and up said Paint Creek as it meanders, N. 51 f E. 200 feet, S. 77 f 30′ E., 173 feet, S. 22 f E. 387 feet, S. 24 f W. 192 feet, S. 59 f 30′ W. 600 feet, S. 38 f 30′ W. 490 feet to a point in said creek where it is crossed by the Maple Fork Road; thence leaving said creek and with said Maple Fork Road, S. 82 f 45′ W. 93 feet to the BEGINNING, containing 8.6 acres, and being the same real estate conveyed to Jack Spangler, unmarried, and Willa Spangler, unmarried by Duff Spangler and Inez Spangler, his wife, by deed dated the 23rd day of September, 1939, and recorded in the Office of the Clerk of the County Court of Raleigh County, West Virginia, in Deed Book No. 163, at page 165. There is also EXCEPTED and RESERVED from this conveyance the aforesaid parcel or tract of land that certain tract of land which has heretofore been conveyed to the Board of Education of Town District, Raleigh County, West Virginia, out of the aforesaid tract of land, and reference is here made to the deed conveying the said tract for a complete description of the part therein conveyed and the part herein reserved. There is also EXCEPTED and RESERVED from this conveyance that certain part of property conveyed unto the West Virginia Turnpike by an order entered on April 30, 1956, by an order of the Circuit Clerk of Raleigh County, West Virginia, recorded on April 30, 1956, out conveying a .79 acre tract, the said order being recorded ad Deed Book 356, at page 176. AND BEING the same property conveyed unto James Dustin Jones from Gail P. Wilson, by deed dated May 30, 2007 and of record in the Office of the Clerk of the County Court of Raleigh County West Virginia in Book 5027 at page 0823. There is also herein conveyed 10.51 acres, more or less, unto Calvin Cox and Kristin Cox, from James Dustin Jones, by deed dated November 5, 2010 and of record in the aforesaid Clerk’s Office in Deed Book 5041, at page 3628. AND FURTHER BEING the same property conveyed unto Calvin Cox and Kristen Cox, from James Dustin Jones, by deed dated January 6, 2012 and of recorded in the aforesaid Clerk’s Office in Deed Book 5045 at page 6027. It is the intention of this notice to sell the secured property by property description as was intended to be transferred and conveyed in the aforesaid deed of trust. The above-described real estate is reported to have a mailing address of 843 Sims Branch Road, Pax, West Virginia 25904. TERMS OF SALE: Cash in hand on day of sale or within 30 days of date of sale upon terms to be agreed upon between Trustee and successful bidder, time being of the essence, payment for unpaid real estate taxes to be assumed by the purchaser. The Trustee does not warrant title or fitness to this property, it is being purchased as is; this is a buyer beware sale and any buyer is advised to retain counsel before the sale. If there is any part of the process of the sale, which is found to be objectionable, the Trustee reserves the right to cancel the sale. No purchaser should take possession or make improvements in the premises unto the Trustee Deed is delivered or recorded. A third party purchaser at sale may be required to pay the purchase price plus all recording and transfer fees. Any sale hereunder may be adjourned from time to time without any notice other than oral proclamation at the time and place appointed for this sale or by posting of a notice of same. Should the Trustee not appear at the time appointed for the sale and there is no notice posted of a continuance please contact the office of the Trustee to make further inquiry. Any sale may be conducted or adjourned by the designated agent or attorney of the Trustee. The undersigned is fully vested with the authority to sell said property as Trustee by instrument of record. Should any party have inquiries, objections to the sale or protests regarding the sale, or requests regarding the sale, please notify the trustee below by one of the means of communications set forth below. AMY L. MANN Trustee PO Box 1416 Hinton, WV 25951 Telephone & Fax (304) 446-3441 E-mail: amylmann@ aol.com Lender: James D. Jones PO Box 4 Forest Hill, WV 24935 Telephone: (304) 860-7753 2-23-TUE-2-RH; 4076