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 August 15, 2008, and of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Book No. 5032 at page 7650, executed by Richard L. Higginbotham, Jr. and Melissa A. Higginbotham to Mike Day and Carl W. Roop, Trustees, securing MCNB Bank and Trust Co., 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 5th day of January, 2017, at the front door of the Raleigh County Courthouse, in the City of Beckley, West Virginia, at 9:20 a.m., sell the property hereinafter described, which property was conveyed in said Deed of Trust, and being more particularly described as follows: PARCEL NO. 1 BEGINNING at a stake on the northeast corner of Lots 9 of Roy Bailey lots, Bradley, West Virginia, also a corner to the K. Bibb triangular tract of land (Deed Book 261, page 28), thence with K. Bibb line N 76 degrees 20′ W 168 feet to a stake on G. F. & K. Turnpike right of way line; thence with eastern right of way line of G. F. & K. Turnpike S 18 degrees 51′ W 52.2 feet; thence continuing with said Turnpike S 18 degrees 581′ W 28 feet to a stake; thence leaving said Turnpike and through Lot 8 of the Roy Bailey Lots S 76 degrees 20′ E approximately 175 feet to a stake on western line of Lots 2 and 3, 78 feet back to the point of beginning; and being all of the remaining portion of Lot 9 and a part of Lot 8. PARCEL NO. 2 BEGINNING at a stake on the southern boundary line of a tract of land now owned by Allie D. Tincher (being property that was conveyed to her by deed recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Book 525, at page 540), and which stake is S 76 degrees 20′ E. 95 feet from the southwest corner of said tract of land; thence with th southern boundary line of said tract of land, N. 76 degrees 45′ W. 95 feet to a stake on the eastern right of way line of the old G. F. & K Turnpike, N 18 degrees 51′ E. 70.2 feet to a stake, which is the northwest corner of land now owned by Allie D. Tincher; thence with the northern boundary line of said property owned by Allie D. Tincher; thence with the northern boundary line of said property owned by Allie D. Tincher, S 76 degrees 20′ E 88 feet to a stake; thence through property owned by the said Allie D. Tincher, S. 18 degrees 51′ W. approximately 80 feet back to the point of beginning. And being the same property conveyed to Richard L. Higginbotham, Jr. and Melissa A. Higginbotham, by Quit Claim Deed dated the 24th day of June, 2008, from Rodney McIntosh and Denise McIntosh, and is of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Book 5032 at page 7647. 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 12-14-WED-2-RH; 5050