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 21, 2005, executed by Borrowers, Matthew E. Maxwell and Toshea J. Maxwell, to Vance Golden, the Trustee of record in the office of the Clerk of the County Commission of Fayette County, West Virginia, in Book 752, at Page 585 and re-recorded in Book 755, at Page 73. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 416 1/2 Chestnut Avenue, Oak Hill, WV 25901. Pill & Pill, PLLC was appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated March 3, 2016, of record in the Clerk’s Office in Book 35, at Page 145. 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 Fayette County, in Fayetteville, West Virginia, on the following date: June 15, 2016 at 3:02 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 Plateau District, Fayette County, West Virginia, and being more particularly described as follows: The following real estate is situate in the City of Oak Hill, Fayette County, West Virginia, and being more particularly bounded and described as follows, to-wit: BEING A PART OF LOT NO. 69, CAPTAIN RICHARDS ADDITION TO THE CITY OF OAK HILL, PLATEAU DISTRICT, FAYETTE COUNTY, WEST VIRGINIA, AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING at an iron pin on the eastern side of Chestnut Avenue, and corner to Lots 68 and 69, thence leaving Chestnut Avenue and with original line of Lots 68 and 69, S 42-06′ W 112 feet to an iron pipe on lien of Lot No. 70 and Corner to Lot Nos. 68 and 69; thence leaving Lot 68 and with line of Lot 69 and line of Lot 70 S 47-54′ E 55 feet to an iron pipe corner to Lot 69 and 70, thence leaving Lot 70 and with the original line of Lot 69 S 42-06 W 57.54 feet to an iron pipe; thence with a new line through Lot 69 N 30-29 W 32.64 feet to an iron pipe; thence S 54-30 W 68.68 feet an iron pipe on eastern side of said Chestnut Avenue; thence with same N 30-29 W 9.50 feet to the point of beginning and containing 4,049 square feet, same with reference to the magnetic meridian of 1908, and being apart of the original Lot 69 as shown on a map of the Fayette Land Company Addition, more commonly called the Captain Richards Addition to Oak. Hill, as surveyed, by Philip Konrad, Civil Engineer, dated June 3, 1908, and recorded in the office of the Clerk of the Fayette County Commission in Map Book 1 at Page 111. And being the same real estate which was conveyed unto Matthew E. Maxwell and Toshea J. Maxwell, his wife, by Deed of Untied Bank, Inc., (successor by merger to United National Bank), a West Virginia corporation, dated the 29th day of October, 2003, and of record in the Office of the Clerk of the County Commission of Fayette County; West Virginia, in Deed Book 599 at Page 256. 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::::___ Pill & Pill, PLLC 85 Aikens Center Edwin Miller Boulevard P.O. Box 440 Martinsburg, WV 25402 (304) 263-4971 foreclosures@ pillwvlaw.com 6-13-MON-3-FT; L 263
