Raleigh

NOTICE OF TRUSTEE’S SALE

NOTICE OF TRUSTEE’S SALE Notice is hereby given by the undersigned Successor Trustee, in accordance with that certain Deed of Trust, dated September 22, 2010, made by Gary C. Legg and Andrea L. Legg, as Grantor, and Gary R. Mills and Stephen M. Feola, as Trustee, of record in the office of the Clerk of the County Commission of Raleigh County, West Virginia, in Book 5040, at page 9176 (the “Deed of Trust”), securing repayment of indebtedness evidenced by a Promissory Note, dated September 22, 2010, payable by Gary C. Legg and Andrea L. Legg to the order of First Community Bank, N.A., now known as First Community Bank, a Virginia–chartered commercial bank, in the original principal amount of $82,418.50 (the “Note”), plus interest thereon, and all renewals, extensions and modifications of the Note, and all other indebtedness arising under the Deed of Trust and the Note. Pursuant to authority granted in the Deed of Trust, First Community Bank, the owner and holder of the Note secured by the Deed of Trust, appointed Richard M. Francis and Daniel J. Cohn, residents of Kanawha County, West Virginia, to serve as Successor Trustee, by that certain Appointment of Successor Trustee dated March 18, 2015, of record in the aforesaid Clerk’s office in Book 5058, at page 1946. First Community Bank, the owner and holder of the Note secured by the Deed of Trust, has notified the Successor Trustee that Gary C. Legg, now deceased, his Estate, and Andrea L. Legg are in default under the Deed of Trust and the Note, and has requested, in writing, that the Successor Trustee sell the real property described in the Deed of Trust, together with all right, title and interest of First Community Bank in and to a manufactured home situate on the real property, at public auction, in accordance with the Deed of Trust and applicable law. TAKE NOTICE that the undersigned Successor Trustee will offer for sale at public auction on the 16th day of April, 2015, at 1:00 p.m., EDT, at the front door of the Raleigh County Courthouse, 215 Main Street, Beckley, West Virginia, the surface only of that certain lot, tract or parcel of land situate in Marsh Fork District, Raleigh County, West Virginia, more particularly bounded and described as follows (hereinafter, the “Real Property”): The surface, the mineral being excepted, of the said land lying and being on the waters of Big Branch of Massey Branch, a tributary of Marsh Fork of Coal River in Marsh Fork District in Raleigh County, West Virginia, and bounded and described as follows: BEGINNING on a stone at forks of small branches just below J.J. Cottle’s house; thence running with the branch a S. W. course to a stone corner on Jacob Will’s line; thence leaving the branch running with a fence with Jacob Will’s line a S. E. course to J.J. Cottle’s line on top of a ridge above J.J. Cottle’s house; thence North with J.J. Cottle’s line down the ridge to the beginning corner, containing 3 acres, more or less. And being a part of the same property conveyed unto Gary C. Legg by deed dated the 1st day of January, 1996, which deed is recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Book 5000, at page 2795. Subject to all reservations, exceptions, limitations, restrictions, and conditions contained in all former conveyances of said property or any part thereof, excepting those pertaining to race, color, or creed. The street addresses of the Real Property to be sold is, upon information and belief, 221 Flat Branch Road, Arnett, West Virginia 25007. Further, pursuant to the terms of the Deed of Trust, the Successor Trustee, as agent for First Community Bank, will sell, together with the Real Property, all of the rights, title and interest of First Community Bank in and to that certain 2000 Fleetwood DoubleWide manufactured home, Serial No. NCFLX46A09760AV13 and NCFLX46B09760AV13 (the “Manufactured Home”), that is affixed to, or situate upon the Real Property. TERMS OF SALE The Real Property and the Manufactured Home, together, will be sold for cash in hand on the date of sale, or under any different, other or additional sale terms as the Successor Trustee, in his reasonable discretion, determines to be appropriate or advisable. The sale shall be further subject to the following: 1. Real estate taxes delinquent, due or payable or to become due and payable, all of which shall be the responsibility of the purchaser; 2. Any statutory lien or liens that may affect the subject property, having priority over the Deed of Trust referred to herein; 3. All covenants, conditions, restrictions, reservations, easements and rights-of-way appearing of record in the chain of title to the property, or which may be visible from a physical inspection of the subject property; 4. All liens and encumbrances of any nature whatsoever, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges, having priority over the deed of trust referred to herein. 5. The purchaser at the sale shall be responsible for paying the cost of recording the Successor Trustee’s Deed, including the tax imposed by the State of West Virginia on the privilege of transferring real property (the cost of the tax stamps to be affixed to the Deed). 6. The Real Property and the rights of First Community Bank in and to the Manufactured Home will be sold “AS IS, WHERE IS” in their present condition and with all faults and defects, if any, and without any warranty or representation, express or implied. The Successor Trustee shall be under no duty to cause any existing tenant or person occupying the Real Property or the Manufactured Home to vacate said property. The Successor Trustee will deliver a trustee’s deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by West Virginia Code c 38-1-6. The Successor Trustee makes no representations or warranties about the title to the Real Estate or to the Manufactured Home to be conveyed. If the Successor Trustee is unable to convey insurable or marketable title to the purchaser for any reason, the purchaser’s sole remedy shall be return of deposit. 7. In the event that 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. 8. The undersigned Successor Trustee expressly reserves the right to reject any and all bids, and the right to adjourn the sale from time to time without notice other than oral proclamation at the time and place appointed for the sale. Such adjournment may be for a period of time deemed expedient by the beneficial owner, and shall not be construed to be a waiver of the right to make the sale contemplated by this Notice. 9. The beneficiary of the Deed of Trust, and holder of the Note thereby secured, reserves the right to submit a bid for the Real Property, together with the rights of First Community Bank in and to the Manufactured Home, at the sale, which bid may be in the form of a credit bid. 10. The successful bidder will be required to execute a memorandum of sale upon acceptance of the successful bid by the Successor Trustee. Additional terms of sale may be announced prior to the sale. Inquiries regarding this sale may be directed to Richard M. Francis, Successor Trustee, 600 Quarrier Street, Charleston, West Virginia 25301, telephone (304) 347-1116. DATED: March 24, 2015. /s/ Richard M. Francis Richard M. Francis, Successor Trustee 4-9-THU-2-RH; L 2784

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