Fayette

NOTICE OF TRUSTEE’S SALE

NOTICE OF TRUSTEE’S SALE NOTICE OF TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, Pill & Pill, PLLC, by that certain Deed of Trust dated September 10, 2004, executed by Borrowers Billy Harrah and Shannon Kinder Harrah, to Janet Phillips, the Trustee of record in the office of the Clerk of the County Commission of Fayette County, West Virginia, in Book 723, at Page 427. Pill & Pill, PLLC was appointed as Substitute Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated March 24, 2015, of record in the Clerk’s Office in Book 949, Page 29. The borrower defaulted under the Note and Deed of Trust and the Substitute Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustee will sell the following described property to the highest bidder at the front door of the Courthouse of Fayette County, in Fayetteville, West Virginia, on the following date: August 26, 2015 at 3:00 p.m. The property is described as of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in New Haven District, Fayette County, West Virginia, and being more particularly described as follows: THE FOLLOWING DESCRIBED TRACT OR PARCEL OF SURFACE LAND, TOGETHER WITH ANY IMPROVEMENTS THEREON, APPURTENANCES THEREUNTO BELONGING AND RIGHT INCIDENTAL THERETO, SITUATE ON THE WATERS OF THE LEFT FORK OF LAUREL CREEK, NEW HAVEN DISTRICT, FAYETTE COUNTY, WEST VIRGINIA. TOGETHER WITH ALL RIGHTS, PRIVILEGES AND EASEMENTS THEREUNTO BELONGING, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING ON THE SOUTH SIDE OF THE COUNTY ROAD AT A STAKE S 16-18 W 825 FEET TO A STAKE (AT A CHESTNUT POINTER); THENCE S 81-00 W 264 FEET TO A STAKE NEAR A BRANCH; THENCE N 6-18 W 825 FEET TO A STAKE BY THE COUNTY ROAD; THENCE N 81-00 E 264 FEET TO THE BEGINNING, CONTAINING FIVE (5) ACRES. MAP 1086 PARCEL 4 BY PROBATE OF THE LAST WILL AND TESTAMENT OF JOHN COUGHLIN TO FREDDIE KINDER AND DELIA KINDER, WILL DATED 08/26/1977, PROBATED 09/19/1985, AND DISCHARDED 04/08/1987, WILL BOOK 36, PAGE 419. THE SAID FREDDIE KINDER, SINGLE THEN CONVEYING HIS UNDIVIDED INTEREST, RESERVING FOR HIMSELF A LIFE ESTATE INTEREST, TO SHANNON KINDER HARRAH AS SET FORTH IN BOOK 561, PAGE 34 DATED 06/10/1999 AND RECORDED 07/19/1999, FAYETTE COUNTY RECORDS, STATE OF WEST VIRGINIA. TERMS OF SALE: 1) The property will be conveyed in an “AS IS” physical condition by Deed containing no warranty, express or implied, subject to the Internal Revenue Service right of redemption, 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. 2) The Purchaser shall be responsible for the payment of the transfer taxes imposed by the West Virginia Code c 11-22-1. 3)The Beneficiary and/or the Servicer of the Deed of Trust and Note reserve the right to submit a bid for the property at sale. 4) The Trustee reserves the right to continue sale of the subject property from time to time by written or oral proclamation, which continuance shall be in the sole discretion of the Trustee. 5) The Trustee 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. 6) The total purchase price is payable to the Trustee by certified or cashier’s check within thirty (30) days of the date of sale, with ten (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the Trustee at sale by certified or cashier’s check. Pill & Pill, PLLC, Substitute Trustee BY: Richard A. Pill, Member Pill & Pill, PLLC 85 Aikens Center Edwin Miller Boulevard P.O. Box 440 Martinsburg, WV 25402 (304) 263-4971 foreclosures@ pillwvlaw.com 8-20-THR-3-FT; LG 345