Notice of Trustee’s Sale

NOTICE OF TRUSTEE’S SALE Notice is hereby given that by virtue of the authority under that certain deed of trust executed by Jeffrey S. Davis, to Frederick A. Jesser, III and Charles E. Manan, IV, Trustee(s) dated June 15, 2007, and recorded in the office of the Clerk of the County Commission of Fayette County, West Virginia, in Trust Deed Book 798, at page 242, by which was conveyed to said Trustee(s) the hereinafter described real estate to secure the payment of a certain promissory note set out and described therein, and default having been made in the payment of said note, the undersigned Substitute Trustee(s) having been appointed Substitute Trustee by an Appointment of Substitute Trustee dated February 6, 2015, and having been requested in writing by the holder of said note, will sell to the highest and best bidder on April 1, 2015 at 3:03 p.m., at the front door of the courthouse of Fayette County, West Virginia, the real estate conveyed by said deed of trust and situate in Plateau District, Fayette County, West Virginia, together with easements, improvements and appurtenances thereunto belonging, and at the time of the signing of the Deed of Trust it was reported that the address was: Rt 1 Box 235, Scarbro, West Virginia, and being more particularly bounded and described therein as follows: BEGINNING at a stake just below a bridge across Mossy Creek and thence running S. 39-45’W 240 feet to a white oak; thence S 19-42′ W 190 feet to a rock; thence, leaving the original survey S 33 E 308 feet to a rock and black jack sapling on a steep bank near the hollow; thence, N 63 E 258 feet to a rock near a small chestnut tree; thence, N 22 E 293 feet to a rock near dead spruce pine in the original survey; thence, down the creek with its meanderings N 81-15′ W 110 feet, N 48 W 100 feet, N 13-45′ E 77 feet, N 54-45′ W 180 feet to the beginning, and containing five acres, more or less. There is further granted to the party of the second part, his heirs or assigns, a right-of-way for ingress and egress over that certain driveway from the property conveyed herein to the Mossy Road, State Route 15, said right-of-way being approximately 15 feet in width and said right-of-way to be used for ingress and egress from State Route 15 through property owned by Leonard and Aretta Mae Webb to the .518 acre tract conveyed herein. And being the same property conveyed unto the party of the first part herein by deed of Hager Brewer, et ux, dated the 15th day of June, 2007, recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia. This instrument is made subject to all lawful restrictions, reservations, covenants and conditions, made and contained in prior deeds in the chain of title to the above described real estate. This sale is made subject to any special assessments, unpaid taxes, easements, conditions, reservations and restrictions affecting the aforesaid real estate. The property will be conveyed in an “AS IS” condition by Deed containing no warranty, express or implied, subject to 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. Pursuant to the terms of said deed of trust, the Substitute Trustee(s) may postpone the sale by public announcement at the time and place designated for the sale. The West Virginia Housing Development Fund or its designee may purchase the property at any sale. The Substitute Trustee(s) 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. TERMS OF SALE: Cash in hand on day of sale. DATED this 3rd day of March, 2015. Pill & Pill, PLLC, Substitute Trustee BY:______________ David D. Pill, Member 304-263-4971 pillforeclosures@ earthlink.net 3-25-WED-2-MH; LG 472