NOTICE OF TRUSTEE’S SALE NOTICE is hereby given that default having been made under the terms of a Deed of Trust dated March 14, 2005, and of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Book No. 5017, at page 1816, executed by Catherine L. Boggs, Mary Catherine Boggs and Robert Coy Boggs 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 7th day of October, 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 certain tract or parcel of real estate located in Trap Hill District, Raleigh County, West Virginia, and being the surface, together with all appurtenances and improvements thereunto belonging, of a parcel of real estate more particularly bounded and described as follows: A 0.96 acre, more or less, tract of land in Trap Hill District of Raleigh County, West Virginia, situate on the waters of Ransom Hollow Branch a tributary of Breckenridge Creek and being more particularly bounded and described as follows: Beginning on a fence corner post and being a corner of the Robert Coy and Mary Catherine Boggs of which this description is a part; thence, with the boundary line of said Boggs. N 84 f 50′ E 155.00′ to a 3/4″ rebar (set by others) in a fence line; thence leaving said boundary line and with new line into said Boggs. S 05 f 10′ E 220.06′ to a 3/4″ rebar (set by others); thence, traversing said Boggs. S 84 f 50′ W 181.90′ to a 3/4″ rebar (set by others) on the boundary line of said Boggs, 1.1′ west of a fence line and 7.1′ north of a 7″ cherry tree; thence, with said boundary line, N 18 f 05′ W 84.61′ to a 2″ axle (found) 0.5′ southeast of a fence post corner; thence, continuing with said boundary line, N 18 f 03′ E 155.21′ to the Point of Beginning, containing 0.96 acres, more or less, and being a part of a tract of land conveyed to Mary Catherine Boggs and Robert Coy Boggs by deed dated the 10th day of April, 1998, and recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Roll 131 at page 2377 and as shown or designated on a map or plat entitled: PLAT OF SURVEY FOR ROBERT COY AND MARY CATHERINE BOGGS SHOWING A 0.96 ACRE = AND A 1.00 ACRE = TRACT, SITUATE ON THE WATERS OF RANSOM HOLLOW BRANCH A TRIBUTARY OF BRECKENRIDGE CREEK, TRAP HILL DISTRICT, RALEIGH COUNTY, WEST VIRGINIA, SCALE: 1″ = 60′, DATE: SEPTEMBER 11, 2003, SURVEY AND MAP BY: ASHRYN SURVEYING, “attached hereto and made a part of this deed. And being the same property conveyed to Robert Coy Boggs, Mary Catherine Boggs and Catherine Boggs from Robert Coy Boggs and Mary Catherine Boggs, husband and wife, by Deed dated the 30th day of September, 2003, and of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Deed Book 5015, at page 6341. 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 9-13-TUE-2-RH; 4472
