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 January 30, 2009, and of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Trust Deed Book No. 5034 at page 5012, executed by Larry G. Davis, Jr. and re-recorded in Trust Deed Book No. 5034 at page 5954, executed by Larry G. Davis, Jr. and Joanne Meadows 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 24th day of October, 2016, at the front door of the Raleigh County Courthouse, in the City of Beckley, West Virginia, at 9:10 a.m., sell the property hereinafter described, which property was conveyed in said Deed of Trust, and being more particularly described as follows: The following described property situate in Shady Spring District, Raleigh County, West Virginia, to-wit: That certain tract or parcel of land, together with improvements thereon, situate in Shady Spring District, Raleigh County, West Virginia, and being Lot No. Eleven (11) of the Table Rock Truck Farms of record in the Office of the Clerk of the County Court of Raleigh County, West Virginia, in Map Book No. 8, at page 207, to which said map reference is here made and made a part hereof, and which said tract or parcel of land is more particularly bounded and described as follows: BEGINNING at Station 293 in the center of the hard road to Grandview, West Virginia; thence N. 51 00′ W. to a steel pin in the edge of said road; thence N. 51 00′ W. 1440 feet to a birch on the bank of Fat Creek; thence down and with Fat Creek S. 69 f W. 630 feet to a fence post in Howard Scott’s line as now fenced; thence with said Scott line as now fenced in a S. E. Direction 250 feet to an iron pin in said line; thence S. 29 f 35′ E. 760 feet to an abandoned tramroad grade; thence along and with said grade S. 86 f 56′ E. 1050 feet to the Grandview Road first mentioned in this description, thence with said Grandview Road in a N. E. direction 75 feet to a steel pin; thence N. 30 f 21′ E. 114.3 feet to a steel pin; thence N. 36 f 43′ E. 100.3 feet to the place of BEGINNING. THERE is EXCEPTED and EXCLUDED from the aforesaid parcel of land all right, title and interest in and to the surface of that certain tract of land, together with the improvements thereon, and the appurtenances thereunto belonging, situate on the waters of Fat Creek in Shady Spring District, Raleigh County, West Virginia, and more particularly described as follows: BEGINNING at an iron pin (set) located N. 53 f 02′ 40″ W. 307.11 feet from a 3/4 inch rebar (found) in the western right-of-way of West Virginia Secondary Route 9 (“Route9″) marking a property corner of lands of property now or formerly owned by Chester C. Clyburn and Sylvia Clyburn (Raleigh County Deed Book 630, at page 812); thence from said iron pin (set) S 32 f 43′ 58″ W 215.53 feet to an iron pin (set); thence S. 53 f 02′ 40″ E 307.02 feet to an iron pin (set) in the western right-of-way line of Route 9; thence with the western right-of-way line of Route 9 with a curve to the left having a radius of 1,269.12 feet, an arc of 87.60 feet and a long chord which bears S 11 f 04′ 13″ W 87.58 feet; thence continuing with the western right-of-way line of Route 9, S 66 f 05′ 35″ E 10 feet to a 1 inch iron pipe (found); thence with the northern right-of-way line of an old tramroad for seven calls as follows: (1) S 82 f 45′ 12″ 146.25 feet to a point, (2) N 77 f 15′ 30″ W 282.42 feet to a point, (3) N 84 f 30′ 30″ W 217.34 feet to a point, (4) N 81 f 41′ 30″ W 31.31 feet to a point, (5) S 86 f 01′ 30″ W 179.27 feet to a point, (6) S 86 f 17′ 30″ W 94.99 feet to a point, and (7) S 81 f 00′ 30″ W 110.28 feet to a 2 inch iron pin (found) marking the southern corner of Lot 11 of Table Rock Truck Farms of which this is a part and the northwestern corner of Lot 10 of Table Rock Truck Farms; thence N 31 f 30′ 04″ W 741.42 feet to a point; thence N. 27 46 W 250.00 feet to a fence corner (found); thence N 68 f 13′ 28″ E 613.62 feet to a 12 inch birch (found); thence S 53 f 02′ 40” E 1,107.14 feet to an iron pin (set) at the point of BEGINNING, containing 22.923 acres, more or less, all as shown on a reduced print of Appalachian Power Company’s Drawing No. X-2210, dated 02-16-93. And being a part of Lot No. 11 of Table Rock Truck Farms, as shown on a map entitled “Table Rock Truck Farms Shady Spring Dist., Raleigh County, W.Va.,” dated January, 1949, of record in the Office of the Clerk of the County Court of Raleigh County, West Virginia, in Map Book 8 at page 207. And being the same property conveyed to Larry G. Davis, Jr. and Joanne Meadows by Special Warranty Deed dated the 7th day of November, 2008 from Federal Home Loan Mortgage Corporation and said Special Warranty Deed is of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Deed Book 5034 at page 5010. And further being the same property conveyed to Larry G. Davis, Jr. by Deed dated the 7th day of July, 2009 from Joanne Meadows Robertson, formerly Joanne Meadows and said Deed is of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Deed Book 5036 at page 1721. 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 10-3-MON-2-RH; 4841