NOTICE OF TRUSTEE’S SALE NOTICE OF TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Trustee, Richard A. Pill, by that certain Deed of Trust dated June 23, 2009, executed by Borrower(s), James E. Perryman, 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 5036, at Page 418. A Loan Modification Agreement dated June 12, 2014 and recorded in Book 5057, at Page 5211. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 105 Hamb`s Crt, Fairdale, WV 25839. The borrower(s) defaulted under the Note and Deed of Trust and the Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Trustee 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 12:09 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 Trap Hill District, Raleigh County, West Virginia, and being more particularly described as follows: The surface of that certain real estate located in TRAP HILL DISTRICT, RALEIGH COUNTY, WEST VIRGINIA, and more particularly described as follows: BEING the surface of that certain lot or parcel of land located in Trap Hill District, Raleigh County, West Virginia, and being more particularly described and designated as LOT NO. SEVENTY-EIGHT (78) of SECTION 2 of the HOLLY HILL ACRES SUBDIVISION as shown upon a map thereof entitled “HOLLY HILL ACRES PLAT THREE SECTION TWO SHOWING LOTS #52 ­- #78 AND LOTS # 117- #121 BY FAIRDALE DEVELOPMENT CORP. FAIRDALE – RALEIGH CO., W.VA. NOVMEBER 17, 1975 SCALE: 1″ = 100′ HUGH CREED ASSOCIATES INC., ENGINEERS & SURVEYORS”, and of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, Map File 2-B, and reference to which said map is here made for a more particular description of the lot herein conveyed, and further being shown upon Plat of Resurveying dated January 11, 2006, prepared for Steven Harrison and Nancy L. Harrison being parcels of land near Fairdale, Trap Hill District, West Virginia, and recorded in Map File 4-406. SAID PROPERTY IS SUBJECT TO the “DECLARATION OF PROTECTIVE COVENANTS AND RESERVATIONS PERTAINING TO LOTS IN HOLLY HILL ACRES SUBDIVISION IN THE UNINCORPORATED TOWN OF FAIRDALE IN DISTRICT NO. 1., (FORMERLY TRAP HILL DISTRICT), RALEIGH COUNTY, WEST VIRGINIA”, of record in the aforesaid Clerk’s Office in Deed Book 560, at page 353; and further subject to the Amendment to the Protective Covenants and Reservations as recorded in the aforesaid Clerk’s Office on Roll 64,at page 86. Being the same property conveyed to James E. Perryman by the Deed dated June 23, 2009 and recorded in Deed Book 5036 at Page 416 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 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 within thirty (30) days of the date of sale, with ten (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the Trustee at sale. Richard A. Pill Trustee 85 Aikens Center Edwin Miller Boulevard P.O. Box 440 Martinsburg, WV 25404 (304) 263-4971 foreclosures@ pillwvlaw.com 1-7-THU-2-RH; 3788