Raleigh

NOTICE OF TRUSTEE’S SALE

NOTICE OF TRUSTEE’S SALE NOTICE is hereby given that default having been made under the terms of a Deed of Trust dated September 13, 2006, and of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Book No. 5023, at page 9769, executed by Dustin D. Davis to Alan R. Terry and Carl W. Roop, Trustees, securing Pioneer Community Bank, which was given to secure the payment of the note therein described, and demand having been made upon the undersigned so to do, the undersigned Trustee, Carl W. Roop will, on the 18th day of February, 2016, at the front door of the Raleigh County Courthouse, in the City of Beckley, West Virginia, at 9:00 a.m., sell the property hereinafter described, which property was conveyed in said Deed of Trust, and being more particularly described as follows: A tract or lot of real estate situate on the waters of Surveyors Fork of Marsh Fork of Coal River, Trap Hill District, Raleigh County, West Virginia and being more particularly bounded and described as follows, to-wit: BEGINNING on a 5/8″ Solid Steel Pin (set) 15′ South of the centerline of Delta Route 28/4, said Pin being on the Southern right of way line of said Delta Route, said Pin being located S 85 f 07′ E 77.22′ from an Apple Tree corner of James Canaday, said Pin also located N 80 f 54′ E 65.71′ from Power Pole #44/6, said Pin also located S. 06 f 09′ E 182.92′ from an 18″ and 28″ Double White Oak Corner (found), corner of James Canaday and Charles Canaday, said Pin also a corner of Herman Clemmons 0.36 acre tract thence leaving the line of Clemmons and with the Southern right of way line of Delta Route 28/3; N 72 f 04′ E 188.19′ to a Point on said right of way; thence N 76 f 40′ E 76.99′ to a 5/8″ Solid Steel Pin (set) 15′ South of the centerline of the road, 23′ South of APCO Pole # 845B4, said Pin also being the Western corner of School Lot; thence leaving the Southern right of way line of Delta Route 28/3 and with the possession line of said School Lot; S 28 f 32′ E 115.58′ to a Point, said Point being located N 28 f 32′ W 4.94′ from a 36″ Willow, said Willow pointed out by Dwarfus Permelia as being the SW corner of the School House Lot, said Point also located S 63 f 33′ W 57.66′ from the SW corner of Dwarfus Permialia’s Tract 1, said Point being 15′ North of centerline of a drive; thence along and parallel with said drive; S 49 f 21′ W 36.03′ to a Point, 15′ NW of the centerline of the drive; thence S 67 f 42′ W 37.40′ to a 5/8″ Solid Steel Pin (set) 15′ NW of the centerline of the drive; thence continuing; S 77 f 04′ W 117.97′ to a 5/8″ Solid Steel Pin (set) 15′ NW of the centerline of the drive in an existing fence line; thence leaving the drive and with an existing fence; S 78 f 23′ W 129.12′ to a 5/8″ Solid Steel Pin (set) at an existing fence intersection, said Pin being a corner to the Harry and Bessie Hunt 31.5 acre tract; thence continuing with an existing fence line; N 02 f 51′ W 116.08″ with the line of Herman Clemmons 0.36 acre tract, to the Point of Beginning, containing 0.84 acres, more or less, and being the same property conveyed to Jack and Linda Meadows by Deed dated the 26th day of January, 1994, recorded in the Office of the Clerk of the County Commission, Raleigh County, West Virginia, in Deed Roll 50, at Page 1871 and being shown or designated on a map or plat entitled, “PLAT OF SURVEY SHOWING A 2.02 ACRE TRACT AND A 0.84 ACRE TRACT OWNED BY JACK & LINDA MEADOWS, LYING ON THE SOUTHERN SIDE OF DELTA ROUTE 28/3, SITUATE ON THE WATERS OF SURVEYORS FORK OF MARSH FORK OF COAL DRIVE, TRAP HILL DISTRICT, RALEIGH COUNTY, WEST VIRGINIA, SCALE 1” = 50′, DATED MARCH 18, 2001, SURVEY AND MAP BY; ASHRYN SURVEYING. And being the same property conveyed to Dustin Davis by deed dated the 7th day of September, 2006, from Chad Eric Elkins which said Deed is recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Book 5023 at page 9766. Said property will be sold 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 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, or remove any personal 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. 7. In the event there are Federal Tax Liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer. CARL W. ROOP, TRUSTEE 1-25-MON-2-RH; 3899