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 May 20, 2008, executed by Borrower, Crystal Rash and David Rash, to Douglas McElwee, the Trustee of record in the office of the Clerk of the County Commission of Raleigh County, West Virginia, in Book 5031, at Page 5918. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 114 Cole Lane, Coal City, WV 25823. Pill & Pill, PLLC was appointed as Substitute Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated January 5, 2016, of record in the Clerk’s Office in Book 5061, Page 340. The borrowers 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 Raleigh County, in Beckley, West Virginia, on the following date: February 26, 2016 at 12:00 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 Slab Fork District, Raleigh County, West Virginia, and being more particularly described as follows: The surface and any appurtenances thereunto belonging of the following described tract of land situate, lying and being in Slab Fork District, Raleigh County, West Virginia, on the waters of Winding Gulf, and being more particularly bounded and described as follows: BEGINNING on the western right-of-way line of an unnamed existing road at an angle iron, corner to James White, thence with the James White line N. 74 f 04′ W. 139.9 feet to a pipe; thence N. 34 f 07′ E. 140 feet to a stake; thence S. 57 f 26′ E. 135 feet back to a stake on the western right-of-way line of said unnamed road; thence with said unnamed road S. 35 f 16′ W. 100 feet back to the point of beginning, containing 0.368 acre. And being more particularly set out on a map attached to a deed recorded in Book 581, at page 45. Said map dated 4-19-77, Scale: 1″ = 40′, and map identified as “MAP SHOWING A PART OF THE J.K. DAVIS TR.ACT AT COAL CITY, SLAB FORK. DISTRICT, RALEIGH COUNTY, WEST VIRGINIA”. Said map prepared by Bill Hyatt and the property hereby conveyed is outlined on said map in yellow. And being the same property acquired by David Rash and Crystal Rash, husband and wife, by Deed dated May 7, 2008, from Patricia Lynn Davis and Michael Steven Davis, her husband, to be recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, prior to or simultaneously herewith. Being the same property conveyed to Crystal Rash and David Rash by the Deed dated May 7, 2008 and recorded in Deed Book 5031, at Page 5917 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. 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 2-19-FRI-4-RH; 3993
