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 October 9, 2009 and of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Trust Deed Book No. 5037 at page 3706, executed by Janit N. Hylton 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 1st day of December, 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: BEGINNING at a five-eights inch (5/8″) rebar on the division line between Beaver Coal Company, Limited (Tract 183) and Janit Nadine Hylton at a point situated N 76 f 13′ W 280.70 feet from a five-eights inch (5/8″) rebar at a common corner to said Beaver Coal and said Hylton on the western right of way line of 40-foot un-named road; thence following said division line, N 76 f 13′ W 478.61 feet to a five-eights inch (5/8″) rebar; thence continuing with said Beaver Coal, N 02 f 39′ E 91.09 feet to a five-eights inch (5/8″) rebar; thence running through land of Janit Nadine Hylton the two (2) following calls: S 76 f 13′ E 496.20 feet to a five-eights inch (5/8″) rebar; S 13 f 47′ W 89.37 feet to the point of BEGINNING and containing 1.000 acre, more or less. And being a part of the same property acquired by Janit Acord by the Last Will and Testament of Elmer Elwood Hylton, which said Will is of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Will Book 5019 at page 6055. There is also conveyed a 20-foot wide easement for ingress, egress and the installation, maintenance and removal of any utilities leading to the tract herein being conveyed. Said easement shall consist of an area contained ten feet (10′) to the left and right of and parallel to the following calls: BEGINNING at a point on the western right of way line of a 40-foot wide un-named road, said point being situated N 03 f 32′ E 29.88 feet from a common corner to Beaver Coal Company, Limited (Tract 183) and Janit Nadine Hylton; thence running into the 66.11-acre tract of Janit Nadine Hylton the five (5) following calls: N 71 f 21′ W 16.14 feet; N 83 f 47′ W 14.77 feet; S 84 f 42′ W 46.12 feet; N 74 f 13′ W 72.08 feet; N 79 f 00′ W 129.19 feet to a point situated N 13 f 47′ E 10.00 feet form the southeastern corner of the tract herein conveyed. 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 11-3-THU-2-RH; 4937