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 October 14, 2005, executed by Borrowers, Charles M. Garten and Susan Garten, to Richard A. Pill, the Trustee of record in the office of the Clerk of the County Commission of Raleigh County, West Virginia, in Book 5019, at Page 7866. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 151 Peacefull Knoll, Beaver, WV 25813. Pill & Pill, PLLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated October 12, 2015, of record in the Clerk’s Office in Book 5060, Page 4107. The borrower(s) defaulted under the Note and Deed of Trust and the Substitute Trustees have been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustees will sell the following described property to the highest bidder at the front door of the Courthouse of Raleigh County, in Beckley, West Virginia, on the following date: THURSDAY, JANUARY 14, 2016, AT 12:03 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 Shady Spring District, Raleigh County, West Virginia, and being more particularly described as follows: BEGINNING at a point on the common boundary of the Tannis Hicks’ boundary line; thence with the boundary line of the Hicks’ property N 23′ 15′ E 265.05 feet to a set iron pin; thence S 75′ 11′ E 144.70 feet to a set iron pin; thence S 20′ 01′ W 50.30 feet to a set iron pin; thence S 33′ 40′ W 200.1.5 .feet to a point; thence N 85′ 57′ W 119.15 feet to the place of beginning, containing approximately 0.766 acres, more or less, and being designated as Tract “A” on a map entitled “Plat Showing Division of Property Owned by Dillard A. & Shirley ‘Ann Johnson, situate off Old Crow Road, Shady Spring District, Raleigh County, West Virginia, Scale: 1″ 60’ April 28. 1998, Reference: Deed Book 470/12 Tax Map 9-44.01 & 55.” Being the same property conveyed to Charles M. Garten and Susan Garten by the Deed dated May 23, 2003 and recorded in Deed Book 5009 at Page 7660 in the Office of the Clerk of the County Commission of Raleigh County, 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 belonging 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 within thirty (30) days of the date of sale, with ten (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the Trustee at sale. Pill & Pill, PLLC, Substitute Trustee BY: Richard A. Pill, Member Pill & Pill, PLLC 85 Aikens Center Edwin Miller Boulevard PO Box 440 Martinsburg, WV 25402 (304) 263-4971 foreclosures@ pillwvlaw.com 1-7-THU-3-RH; 3787