NOTICE OF TRUSTEE’S SALE

NOTICE OF TRUSTEE’S SALE By virtue of the authority vested in the undersigned by a Deed of Trust made by GEORGE M. BRAGG to JAMES F. VAUGHAN JR. and THOMAS K. PATTERSON, any of whom may act, Trustees, parties of the second part, dated October 1, 2007, and of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Roll 5029 at Page 2723, given to secure a certain note set forth and described therein; and default having been made in the payment of said note, and having been requested to do so by Phyllis M. Murphy, of 1471 Blue Jay Six Road, Cool Ridge, West Virginia 25825, the holder of said note, the undersigned Trustee, will, on February 19, 2016 at 1:30 p.m. at the front door of the courthouse of Raleigh County, West Virginia, sell the following described property: That certain parcel of land situate near Cool Ridge, in the Shady Spring District, Raleigh County, West Virginia and being more particularly bounded and described as follows: Beginning at a set rebar, said rebar being N 54 f 11′ 00″ E – 320.85 feet from southern most corner of a 0.677 acre tract now or formerly owned by Phyllis Murphy (WB 5002 PG 6069) and also a joint in the northern right-of-way line of WV Sec Rte. 42 (Blue Jay 6 Road) thence a new line through the lands of said Murphy N 15 f 48′ W – 147.89 feet to a point, said point being a set rebar in the northern boundary line of said Murphy; and parcel “E” as shown on a map entitled “Map showing Parcels “A”, “B”, “D”, & “E” for Phyllis Murphy Helen Croson”; thence with said northern boundary line and said Parcel “E” N 54 f 11′ E – 446.75 feet to a found post, a corner to said Murphy, Parcel “E”, USDA (R161/446) and WV Turnpike Commission (I-77); thence with said Murphy and the Turnpike Commission S 02 f 14′ 33″ E – 166.77 feet to a point, said point being a rebar at the eastern most corner of said Murphy; thence with said Murphy S 54 f 11′ W – 405.14 feet tot he point and place of beginning, containing 59185 square feet, 1.35 acres more or less The parties of the first part further and do also hereby grant and convey unto the party of the second part, or their heirs, successors and assigns, all of their right, title and interest in a perpetual easement which shall run with the land for ingress and egress to the aforesaid 1.35 acre tract: a 15-foot wide easement for ingress and egress. Said easement boundaries shall run parallel to and be 7.50 feet to the right and left of the following calls: BEGINNING at a point on the eastern right of way line Blue Jay 6 Road, said point being situated S 28 f 08′ E 11.8 feet from a common corner to Parcel “E” and a 1.000-acre tract, both in the names of Phyllis M. Murphy; thence running through lands of said Murphy the following thirteen (13) calls: N 56 f 41′ E 79.84 feet; N 30 f 24′ E 69.08 feet; N 48 f 08′ E 39.88 feet; N 59 f 07′ E 24.12 feet; N 74 f 21′ E 27.72 feet; S 89 f 42′ E 23.05 feet; S 82 f 39′ E 91.85 feet; N 89 f 23′ E 46.33 feet; N 79 f 59′ E 68.65 feet; N 72 f 55′ E 39.49 feet; N 84 f 59′ E 62.66 feet; S 80 f 23′ E 30.90 feet; S 10 f 27′ E 21.36 feet to a point on line of the 1.3587-acre tract herein being conveyed. The parties of the first part further grants and conveys unto the party of the second part, and their heirs, successors and assigns, all of their right, title and interest, a 10-foot wide permanent easement for a water line to serve the aforesaid 1.35 acre tract, which easement shall be for the installation of said line, as well as the permanent and perpetual maintenance of same, that easement shall run parallel to and be 5.00 feet to the right and left therefrom from the following calls: BEGINNING at water meter box on the eastern side of Blue Jay 6 Road at a point situated N 49 f 56′ W 23.5 feet and N 40 f 04′ E 5.0 feet from a common corner to a 1.214-acre tract and a 1.664-acre tract of Phyllis M. Murphy (Microfilm Roll 27 at Page 1962 and Instrument Number 5013-9302, respectively); thence running through lands of said Murphy the following four (4) calls: N 28 f 24′ E 40.63 feet; N 47 f 46′ E 112.88 feet; N 38 f 18′ E 65.95 feet; N 46 f 19′ E 95.56 feet to a one-half (1/2″) rebar at the southwestern corner to the tract herein being conveyed. The above easements for ingress and egress and for installation and maintenance of a water lien are the same easements acquired by deed from Phyllis Murphy dated November 18, 2004, and of record in the aforesaid Clerk’s office at Roll 5016, at Page 7709. And being the same property conveyed to George Bragg by deed from Danny A. Martin and Misty Martin, his wife, by dated October 1, 2007, which deed of record in the Office of the Clerk of the County Commission of Raleigh County in Deed Roll 5029 at page 2716. Said sale shall be made upon the following terms and conditions: 1. Cash in hand on day of sale. 2. The property will be conveyed in an “AS IS” condition by Deed containing Special Warranty of Title, subject to the Internal Revenue Service right of redemption, all property taxes, prior Deeds, validly enforceable prior liens, reservations, encumbrances, restrictions, right-of-ways, easements, covenants, conveyances and conditions of record in the Clerk’s office or affecting the subject property. 3. The Beneficiary and/or the Servicer of the Deed of Trust and Note reserved the right to submit a bid for the property as 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, or remove any person property and/or belongings remaining at the property. 6. The purchaser(s) at the sale shall be responsible for paying the recording costs and also the tax on the privilege of transferring real property. Thomas K. Patterson, Trustee 1-19-TUE-2-RH; 3870