NOTICE OF TRUSTEE’S SALE

NOTICE OF TRUSTEE’S SALE NOTICE OF TRUSTEE’S SALE and Notice of the Beneficiary / Servicer’s election to sell property is hereby given pursuant to and by virtue of the authority vested in the Trustee by that certain Deed of Trust dated August 12, 1998, executed by Patricia E. Pritchard and Robert Pritchard to Robert D. Lewis, Trustee, of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Book 140, at Page 22. Hereford & Riccardi, PLLC was appointed as Trustee by SUBSTITUTION OF TRUSTEE dated March 30, 2016, of record in the Clerk’s Office in Book 5061, at Page 8283. The borrowers 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: FRIDAY, JUNE 10, 2016, AT 11:30 O’CLOCK A.M. The SURFACE ONLY of all those certain lots or parcels of land, together with all improvements thereon and all appurtenances thereunto belonging, situate in Town District, Raleigh County, West Virginia, anymore particularly being Lot No. Five Hundred Forty (540) and part of Lot No. Five Hundred Thirty Nine (539), in the Hedrick-Walker-Carter Addition, and being more particularly shown and designated as such upon a map Addition marked “Map of Hedrick-Carter-Walker Addition Beckley, Raleigh Co., W.Va. Oct. 8, 1921, Scale 1″ = 100′ S. H. Bridge Engineer”, No. 6, which map is of record in the Office of the Clerk of the County Court of Raleigh County, West Virginia, in Map Book 3, at page 12, and more particularly described by more recent survey as follows: BEGINNING at a 1/2-inch rebar set in the western right of way line of Old Pemberton Road, said point is in the line of Lot 539 of the “Hedrick-Walker-Carter Addition”; thence with Lots 539, 540 and 539 of said addition and Old Pemberton Road the following nine (9) bearing and distances; 1) S 14 degrees 59′ 48″ E 68.18 feet to a point, 2) S 04 degrees 17′ 06″ E 21.49 feet to a point, 3) S 17 degrees 21′ 11″ W 13.97 feet to a point, 4) S 54 degrees 11′ 51″ W 17.33 feet to a point, 5) S 87 degrees 16′ 54″ W 9.30 feet to a point, 6) N 74 degrees 53′ 21″ W 9.82 feet to a point, 7) N 57 degrees 47′ 13″ W 18.18 feet to a point, 8) N 40 degrees 39′ 02″ W 28.52 feet to a point, and 9) N 31 degrees 46′ 30″ W 71.46 feet to a 1/2 inch rebar set in the line of Lot 539; thence leaving Old Pemberton Road and with a new line through said Lot 539, N 79 degrees 30′ E 90.84 feet to the point of beginning and containing 7,505 square feet (0.172 acres), more or less, as surveyed by Eastern Surveying, Inc. in July, 1992. This is the same property conveyed to Patricia E. Pritchard by Deed dated August 10, 1998, of record in the Clerk’s Office in Book 139, at Page 2844. 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 11-22-2. 3) Real estate taxes due and payable have been paid. All real estate taxes hereafter will be the responsibility of the purchaser. 4) 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. 5) 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. 6) The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate the 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. 7) The total purchase price is payable to the Trustee by cashier’s check, cash or the equivalent within thirty (30) days of the date of sale, with ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the Trustee at sale by cashier’s check, cash or the equivalent. There will be no refund granted of any amount if the third party purchaser elects not to purchase the property for any reason. Minimum acceptable bid will be $12,000.00. 8) For more information on this property, please see listing on the PROPERTIES FOR SALE WEBSITE: http://www.resales.usda.gov/. Given under my hand this 18th day of May, 2016. HEREFORD & RICCARDI, PLLC – TRUSTEE By: Philip B. Hereford, Member West Virginia State Bar No. 1687 405 Capitol Street, Suite 306 Charleston, West Virginia 25301 Phone: (304) 346-1800 6-9-THU-2-RH; 4127