Pursuant to the authority vested in the undersigned by deed of trust dated the 20th day of May 2013, signed by Benjamin A. King and Lauren N. King, husband and wife, to H. Charles Carl III or William C. Keaton, Trustees, which said deed of trust is of record in the Office of the Clerk of the County Commission of Jefferson County, West Virginia, in Trust Deed Book 1966, at page 710, and Golden & Amos, PLLC, Trustee having been requested so to do by the Secured Creditor, and default having been made under the terms and conditions of said deed of trust, and the provisions in said deed of trust concerning acceleration having been complied with by the Secured Creditor and present holder of the note, said Trustee will sell at public auction at 4:30 o’clock P.M. on the

15th day of JULY 2015

at the front doors of the Courthouse in Jefferson County in Charles Town, West Virginia the following described real estate:

All of that certain tract or parcel of land, together with the improvements thereon and appurtenances thereunto belonging, lying and being situate on the Rippon-Myerstown Road, about two miles east of Rippon, in Kabletown District, Jefferson County, West Virginia, more particularly designated as “Outsale Part of D10 M12 P1 intended for James Lee Milburn and Billie Burns Milburn, Area: 132,000 Square Feet 3.030 Acres”, according to the plat dated August 1, 1977, prepared by John Stroud Kusner, L.L.S., attached to the Deed Dated August 4, 1977, recorded in the Office of the Clerk of the County Commission of Jefferson County, West Virginia, in Deed Book 427, at page 148, a copy of the portion of which is recorded in Deed Book 573 at Page 729, et seq.: TOGETHER WITH a non-exclusive easement or right of way 12 feet in width as shown on the aforementioned plat leading from the road to U.S. Route 340; SUBJECT TO the rights of others to use said access easement for ingress to and from other properties in the rear of the real estate hereinbefore described and said access road to U.S. Route 340.

It is the intention of this notice to sell the secured property by proper 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:

1972 Meyerstown Rd., Charles Town, West Virginia 25414

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 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 until the Trustee deed is delivered or recorded. A third party purchaser at sale will be required to pay the purchase price plus all recording and transfer fees.

Trustee at sale is under no duty to cause any existing tenant or person occupying the subject property to vacate said property.

FEDERAL TAX LIEN: In the event that 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.

The party(ies) secured by the Deed of Trust reserve the right to purchase the property at such sale. If the purchaser at sale is unable to complete the terms of purchase within 30 days, the Trustee reserves the right to transfer the property to the next highest bidder.

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 any inquires, 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.


543 Fifth Street, P.O. Box 81

Parkersburg, WV 26102

Telephone (304) 485 3851

Fax (304) 485-0261


Lender: Fifth Third

Processor: Liz / Ext. 34

KingBenjamin NTS / cclem / foreclosure notices – 2015